Elkhart County Courts, Indiana Filing Fees and Waivers

CRITICAL

Fee

20

Applies to

Petition for legal separation paternity or dissolution of marriage

The Clerk must collect a $20 alternative dispute resolution fee from every party filing a petition for legal separation, paternity, or dissolution of marriage under Indiana Code 31, subject to later modification.

The Clerk of the Court shall collect from every party filing a petition for legal separation, paternity, or dissolution of marriage action under Indiana Code 31 an alternative dispute resolution fee of twenty dollars ($20); as such amount may be modified from time to time.

CRITICAL

Fee

$25

Applies to

Late payment fee

A defendant who has not timely paid costs, fines, or civil penalties is subject to a $25 late payment fee; the rule defines who qualifies as a defendant.

Rule LR20-AR00-903. Late Payment Fee for Court Costs, Fines and Civil Penalties A. Pursuant to Indiana Code 33-37-5-22, the Courts of Elkhart County adopt a late payment fee in the sum of twenty-five ($25.00) for defendants who have not tendered timely payment of costs, fines, or civil penalties. B. For the purposes of this local rule, an individual who has committed a crime, violated a statute defining an infraction, violated an ordinance of a municipal corporation, or committed a delinquent act, is defined as a “defendant.”

CRITICAL

Applies to

Change of venue

The moving party must pay accrued costs and the transfer fee to the Clerk within ten days after the transfer order is entered.

When a change of venue from the County is granted, all accrued costs and the fee for transfer must be paid to the Clerk by the moving party within ten (10) days after the transfer order is entered.

CRITICAL

Applies to

Probation transfer fee

Intra-state and inter-state probation transfer fees must be paid to the Clerk of the Court; the amounts are in the fee schedule.

901.2. Transfer Fees Transfer fees shall be payable to the Clerk of the Court as follows: B. Intra-State probation transfer fee Fee Schedule C. Inter-State probation transfer fee Fee Schedule

CRITICAL

The State’s Title IV-D Office is exempt from filing fees.

E. The State’s Title IV-D Office is exempt from filing fees.

CRITICAL

Applies to

Petition to abate or modify child support

All petitions to abate or modify child support orders which are filed by child support payor shall include a statement of the amount of the arrearage, if any, owed by petitioner in child support, and in the payment of the Clerk's annual fee for the collection and distribution of child support

All petitions to abate or modify child support orders which are filed by child support payor shall include a statement of the amount of the arrearage, if any, owed by petitioner in child support, and in the payment of the Clerk's annual fee for the collection and distribution of child support

CRITICAL

Fee

25 dollars

Applies to

Late payment fee

The Clerk must assess and collect the $25 late payment fee unless a court order suspends it, and may take appropriate collection steps, including retaining counsel.

904.2. Clerk to Assess and Collect Late Payment Fee When a defendant meets the criteria described in LR20-AR00-903, the Clerk shall assess and collect a late payment fee in the sum of twenty-five dollars ($25.00) unless the late payment fee is suspended by Court order. The Clerk may take all appropriate steps to collect late payment fees, including without limitation the retention of legal counsel to effectuate collection proceedings.

CRITICAL

If the referenced fee is not paid, the motion is deemed abandoned and the case returns to this Court’s docket.

In the absence of such payment, the movant will be deemed to have abandoned the motion so the Clerk will not perfect the change, the cause will be restored to the docket of this Court, and this Court shall resume general jurisdiction of the cause in accordance with Trial Rule 76.

CRITICAL

Applies to

Service of process by sheriff

The fee for service of process by the Sheriff must be paid to the Clerk before the documents are delivered for service.

Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Elkhart County Sheriff to be served.

CRITICAL

Fee

25 dollars

Applies to

Late payment fee

A non-indigent defendant must pay a $25 late fee to the Clerk if costs, a fine, or a civil penalty is not paid in full by the later of the end of the business day when judgment is entered or the end of the applicable payment-schedule period.

904.1. Assessment of Late Payment Fee A defendant who is required to pay court costs (including fees), a fine, or civil penalty and who has not been determined by the Court imposing the costs, fine, or civil penalty to be indigent shall pay, in addition to the costs, fine or civil penalty, a late payment fee in the sum of twenty-five dollars ($25.00) to the Clerk of the Court if the defendant fails to pay the costs, fine or civil penalty in full before the later of the following: (a) the end of the business day on which the Court enters the conviction or judgment; or (b) the end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties adopted for the operation of the Courts of Elkhart County.

WARNING

The referenced fee schedule covers probation, problem-solving court, pretrial release, GPS, house-arrest, and miscellaneous fees.

901.1. Probation Fees, Problem Solving Court Fees, Pretrial Release Fees, GPS and House Arrest Fees, and Other Miscellaneous Fees: Fee Schedule

WARNING

Participants may be assessed fees for Court-referred services, payable to the entity providing those services.

Participants may be assessed a fee for services received because of referrals made by the Court including, without limitation, mental health services, substance abuse and addictions health services, and monitoring services. Fees for those services are payable to the entity providing the services.

WARNING

Participants may be responsible for all chemical testing fees.

Participants admitted to the Elkhart County Drug Court may be responsible for all chemical testing fees.

WARNING

Elkhart County Drug Court fees must be collected and used in accordance with Indiana Code 33-23-16-23.

All Elkhart County Drug Court fees shall be collected and utilized in accordance with Indiana Code 33-23-16-23.

WARNING

Specific Drug Court fees are governed by the Elkhart County Courts' Administrative Code fee schedule.

Specific fees to be paid per Administrative Code of the Elkhart County Courts see: Fee Schedule

WARNING

The court that imposed the costs, fine, or civil penalty may suspend the late payment fee for demonstrated good cause by issuing an order directing the Clerk to suspend its assessment and collection.

Rule LR20-AR00-904. Court May Suspend Late Payment Fee Notwithstanding LR20-AR00-903, the Court that imposed the costs, fine or civil penalty may suspend the late payment fee required by this Rule if the Court finds that the Defendant has demonstrated good cause for failure to make a timely payment of the previously assessed costs, fine or civil penalty and issues an order to that effect directing the Clerk of the Court to suspend the assessment and collection of the Late Payment Fee.

WARNING

Participants may be assessed a monthly Drug Court user fee starting in their second month of participation.

Participants admitted to the Elkhart County Drug Court may be assessed a user fee for each month of their participation in the Elkhart County Drug Court beginning the second month of participation.

WARNING

Participants may be responsible for the cost of any confirmatory test.

Participants may be responsible for the cost of any confirmatory test.

WARNING

Applies to

E filing

EFSPs must collect a varying e-filing convenience fee, approximately 3.5% in 2019, which cannot be recovered as court costs but may otherwise be recoverable by contract or statute.

E-Filing Service Providers (EFSP’s) charge varying rates in the form of a “convenience fee.” All EFSP’s are required to collect this fee (which, in 2019, was approximately 3.5%) when e-filing. The EFSP’s then forward this amount to the State to help defray the costs related to the credit card processing fees incurred by the State’s system. Some EFSP’s will charge an additional fee on top of this convenience fee. Convenience fees shall not be recoverable as part of court costs. Convenience fees may otherwise be recoverable by contract or statute.

WARNING

Applies to

Urine drug screening fee

Urine drug screening fees are addressed in the referenced fee schedule.

Rule LR20-AR00-902. Urine Drug Screening Fees Fee Schedule

WARNING

Applies to

Re docketing

If a case is accepted with an incorrect designation, the court may order re-docketing and require the filing party to pay a re-docketing fee.

Should a case be accepted with an incorrect designation, the court may order the matter to be re-docketed with the correct case type designation and may require that the filing party pay a re-docketing fee.

WARNING

Participants may be assessed an administration fee for initial Drug Court services upon admission.

Upon admission into the Elkhart County Drug Court, participants may be assessed a drug court administration fee for the initial drug court services.