Clerk's Responsibilities

The Clerk administers the official court records for all court cases with jurisdiction in that county. Criminal cases include felonies, misdemeanors, miscellaneous criminals. Traffic cases are comprised of infractions and local ordinance violations. Civil cases include torts, mortgage foreclosures, civil plenary cases, , civil collections, protective orders, miscellaneous civil, reciprocal support, small claims, domestic relations, mental health, adoption, supervised and unsupervised estates, guardianships, trusts, children in need of services (CHINS), juvenile delinquency, juvenile status, juvenile miscellaneous and juvenile paternity.

The Clerk prepares the Court's permanent historical records. The Record of Judgments and Orders serves as the historical record of the court's verbatim orders. The Judgment Docket is used by abstract companies to show liens against real estate and information is also recorded by credit companies to provide assistance to those who lend money to individuals and entities. The Chronological Case Summary serves as the sequential record of the judicial events in a case. Indexes are vital records for locating cases and conducting criminal or civil record searches concerning individuals or entities.

The Clerk is generally responsible to: Perform marriage ceremonies; process marriage applications and issue marriage licenses. Prepare notary certifications, register bail agents, and process applications for license for distress sale. Record certified breathalyzer operators, judgments including State income and unemployment tax warrants, bonds of numerous public officials, and other miscellaneous records.

The Clerk processes and issues documents for court cases: Civil documents include summons, subpoenas, garnishment orders, proceedings supplemental, writs of execution or attachment, orders of sale, body attachments, protective orders, notice of claim, contempt citations, orders to appear and SR33’s. Criminal documents include arrest warrants; jailer's releases commitments to jail and correctional facilities; change, release and forfeiture of bond forms; bondsman ordered to produce notification; and transport orders. Probate documents include publications for newspapers regarding the opening and closing of estates, notification of heirs, wills, inventories, inheritance tax orders and final reports. Juror names are drawn, and notices are generated for prospective jurors and those assigned to panels. Record of Proceedings for appeal to the Appellate and Supreme Courts are prepared and/or approved.

The Clerk collects, distributes and reconciles monies related to court cases and is subject to regular audits by State Board of Accounts. Reports are filed with appropriate agencies including the Auditor, Treasurer, Bureau of Motor Vehicles, Indiana State Child Support Division, State Treasurer, etc. Court costs, judgment money and many other fees are collected on civil cases. The Clerk collects fees and fines for city, county and state, deferral and pre-trial diversion fees, and extradition and restitution fees for criminal misdemeanor cases. User fees for special interest groups include: Public Defender Fee, Marijuana Eradication Program Fee, Alcohol and Drug Services Program User Fee, Law Enforcement Continuing Education Fee, Drug Abuse Prosecution Interdiction and Correction Fee, Alcohol Abuse Deterrent Program and/or Medical Fee, Alcohol and Drug Countermeasures Fee, Child Abuse Prevention Fee, Domestic Violence Prevention and Treatment Fee, Highway Work Zone Fee, Special Death Benefit Fee. Child Support represents a significant portion of collections made, and Federal Title IV D case processing generates incentive monies to counties. The Clerk is the Secretary of the County Commission on Public Records

Election Board Official/Appointed Deputy:

Prepares and proofs ballots; processes candidate declarations and campaign finance reports; appoints, trains and compensates precinct election day staff members; provides and allocates supplies and equipment for all precincts; redefines precinct boundary lines; demonstrates and instructs in the use of voting machines; verifies accuracy and integrity of voting machines; and provides election day assistance to precinct workers, media and general public.

Machine Technician:

Performs critical tests on machines; sets machines to distinguish unique voter classifications; inserts ballots; and may instruct precinct workers on use of machines.

Canvass Board:

Verifies and tallies machine, absentee and write-in votes; and prepares certification of the official vote totals.

Absent Voter Board:

Receives requests, determines voter's eligibility and accepts application; provides appropriate ballots to enable voting in federal, state, county, municipal, township, school board, and special elections; conducts voting for confined voters at private homes, nursing homes, and hospitals.

Child Support:

Our office receives and sends out child support checks through ISETS (Indiana Support Enforcement Tracking System). For more information contact (812) 448-9024.

Marriage Licenses:

Instructions on Obtaining a Marriage License

  1. One of you must be a legal resident of Clay County.
  1. You must be 18 years of age or older bring birth certificate, driver’s license or other identification issued by the state that contains the individuals date of birth and current address.
  1. You must come together to apply.
  1. The license fee is $20.00 for Indiana residents. Non residents of Indiana must pay $62.00 for the marriage license. Payment must be in cash. And marriage must be performed in Clay county.
  1. You will receive your license the same day that you apply for the license. The license is valid for 60 days.

For more information, please call (812) 448-9024.

Small Claims:

Small Claims is an action an individual can take against another individual or business if the amount of money to be claimed is less than $6,000. The cost of this procedure is $97.00 for the first Defendant and an additional $10.00 for each Defendant thereafter. For more information, please call (812) 448-9032.

Landlord Evictions:

This is very similar to the Small Claims action. The landlord fills out a Claim for Possession of Real Estate. On the average a hearing date will be set in 3-4 weeks on the eviction, and another hearing date set in 1-2 months on damages, if any. The cost of this procedure is $125.00 for the first Defendant and an additional $10.00 for each Defendant thereafter. For more information, please call (812) 448-9032