ILNews

Marion County Small Claims bill may be headed for study committee

Back to TopCommentsE-mailPrintBookmark and Share

Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.

Senate Bill 366, authored by Sens. Scott Schneider and R. Michael Young, Republicans from Indianapolis, creates a small claims administrative judge position within the court. The administrative judge will have several duties, including adopting uniform rules for conducting the business of the Small Claims courts. The administrator will serve for a minimum term of 12 months.  

SB 366 also asks the Legislative Council to assign to the Commission on Courts or other study committee the tasks of studying small claims court administration, the distribution of judicial resources in small claims actions, and other related matters.

Marion County’s Small Claims courts have been under scrutiny for several years over practices perceived to favor heavy-volume debt collection filers, allegations of forum shopping, and other problems that have come to light.

Indiana Chief Justice Brent Dickson urged legislators to reform the courts in his State of the Judiciary Address earlier this month.

SB 366 also addresses garnishment, making changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of judgments against the individual. Upon a showing of cause, the minimum garnishment could be as little as 10 percent of a person’s disposable earnings. I.C. 24-4.5-5-105 currently allows 25 percent of disposable earnings to be garnisheed to satisfy judgments.

The Senate Judiciary Committee also passed Senate Bill 109. The bill requires Indiana justices and judges on the Court of Appeals to retire at the age that judges of the Circuit and Superior courts are required to retire. Currently, justices and appeals judges are required to step down when they turn 75. Trial court judges have no mandatory retirement age.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT