Actions for money demands on contract; recoveries less than $50
Sec. 2. (a) This section applies to actions for money demands on
contract, commenced in the circuit or superior courts.
(b) Except as provided in subsection (d), if the plaintiff recovers
less than fifty dollars ($50) exclusive of costs, the plaintiff shall pay
costs, unless the judgment has been reduced below fifty dollars ($50)
by a set-off, or counter-claim, pleaded and proved by the defendant,
in which case the party recovering judgment shall recover costs.
(c) Except as provided in subsection (d), if the judgment is
reduced below fifty dollars ($50) by proof of payments, the
defendant shall recover costs.
(d) If one (1) or more defendants, necessary to a full
determination of the cause:
(1) are nonresidents of the county in which the suit is brought
but are residents of the state of Indiana; and
(2) have been served with process in the action;
the plaintiff shall recover costs even though the judgment recovered
by plaintiff is less than fifty dollars ($50).
As added by P.L.1-1998, SEC.48.
Last modified: May 24, 2006