A new lawsuit is taking aim at the service fees four Indiana counties charge people when they file lawsuits in Hamilton, Johnson, Marion and Wayne counties.
The suit filed on behalf of five companies, one trust and four individuals names the clerks of the three central Indiana and one eastern Indiana counties.
The Palladium-Item of Richmond reports Indiana law allows county clerks to collect a $10 fee when a new case is filed. If the person filing the suit wants the legal paperwork served by the county sheriff or by certified mail, it’s a $28 fee.
The lawsuit contends the $28 charge is supposed to replace, and not be in addition to, the $10 fee. The suit contends that “tens of thousands of individuals” could have been charged the excess amount.
The plaintiffs want the money returned to those affected, with interest.
Currently before the court is a joint motion to stay discovery pending the resolution of a counterclaim seeking a declaratory judgment in favor of the counties. A trial date has been set for March 12, 2019.
The case in Marion Superior Court is Denny L. Moore, Harold S. Riddle, Herbert M. Mann, et al v. Marion County Clerk, Hamilton County Clerk, Johnson County Clerk, et al, 49D10-1711-PL-043663.