Marion County Small Claims Court Judgment Collection

Marion County runs small claims differently from the rest of Indiana. Nine township courts — Center, Decatur, Franklin, Lawrence, Perry, Pike, Warren, Washington, and Wayne — operate under their own statute with a lower jurisdictional cap and distinct procedural rules. If you won a judgment in one of these courts, the collection process has a few important differences.

The $8,000 Jurisdictional Cap

Circuit and Superior Courts across Indiana's other 91 counties handle small claims up to $10,000 under IC 33-29-2-4. Marion County Township Small Claims Courts are capped at $8,000 under IC 33-34-3-2. This affects both the maximum judgment you can hold and the scope of any counterclaims.

Your judgment amount is fixed at what the court awarded. Post-judgment interest (8% annually under IC 24-4.6-1-101, unless a lower written-contract rate applies; a higher contract rate is capped at 8%) and court-allowed enforcement costs accrue on top of the original judgment.

Filing Fees and Constable Service

Marion County's fee structure differs from the rest of the state:

• Base filing and docket fee: $37 under IC 33-34-8-1, comprising a $5 township docket fee plus statutory allocations
• Constable service fee: $15 per execution under IC 33-34-8-1(a)(3), paid directly to the bailiff or constable

In contrast, Circuit and Superior Courts charge $87 in total filing costs and $28 for sheriff service. Marion County's lower fees make successive enforcement filings less expensive.

Constable vs. Sheriff

Outside Marion County, the county sheriff handles service of process and execution of writs. Within Marion County's township courts, township constables fill this role. The constable serves your proceedings supplemental motion, garnishment orders, and writs of execution within the township.

The practical difference is mostly administrative. Constables operate within a single township, which can mean faster service for debtors who live or work within township boundaries. If you need to serve process outside Marion County — to reach an employer or bank in another Indiana county — you use that county's sheriff, and the in-state service fee is $28. The $60 fee under IC 33-37-5-15 applies to service of a foreign or out-of-state writ.

Post-Judgment Enforcement Stays in the Originating Court

Your proceedings supplemental is filed under the original cause number in the township court that entered the judgment. It does not automatically transfer to another court. If you need to enforce the judgment in a different county — to garnish wages from an employer in Hamilton County or record a lien in Hendricks County — you obtain a certified transcript and take it to the target county's circuit court clerk.

Within Marion County, your enforcement actions stay in the original township court unless the case is formally transcribed or transferred.

Venue for Marion County Cases

For general civil money claims, a plaintiff can file in any township small claims court within Marion County regardless of where the obligation arose or where the defendant resides. However, landlord-tenant cases involving possession or back rent must be filed in the specific township where the property is located.

This venue flexibility does not extend to post-judgment enforcement. Your proceedings supplemental is tied to the docket of the court that entered the judgment.

Using the Same Enforcement Tools

Despite the structural differences, Marion County judgment creditors have access to the same enforcement toolkit as the rest of the state:

• Proceedings supplemental under Trial Rule 69(E) for asset discovery
• Wage garnishment following federal caps (25% of disposable earnings or earnings exceeding $217.50/week)
• Bank garnishment under the Adverse Claims Act (IC 28-9)
• Writs of execution for tangible personal property under IC 34-55-1
• Judgment liens on real property, automatic in Marion County and extendable to other counties via certified transcript

The exemption schedule is the same statewide: $22,750 homestead, $12,100 tangible personal property, $450 intangible property per individual.

For the full enforcement process — including the forms, fees, and step-by-step procedures that apply in Marion County's township courts — the Collecting a Small Claims Judgment in Indiana guide has the complete walkthrough.

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