§ 33-34-3-1 — Venue in township small claims court within county

(a) Except for a claim between landlord and
tenant, a case within the jurisdiction of a small claims court may be:
(1) venued;
(2) commenced; and
(3) decided;
in any township small claims court within the county. However, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court shall
determine in accordance with subsection (b) whether required venue
lies with the court or with another small claims court in the county in
which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there is
no other township in the county in which the small claims court
sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township of filing.
[Pre-2004 Recodification Citation: 33-11.6-4-1.]

Legislative History

As added by P.L.98-2004, SEC.13.