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Frequently Asked Questions

Area Planning & Zoning
How do I change the zoning of a property?

Refer to the Zoning Change Requests page of this site for information on this topic.

How are the different zoning classifications defined?

Refer to Article I table 1.01 of the Unified Zoning Ordinance

Do I need a permit for an in-ground swimming pool?

Yes - an in-ground pool requires a permit from Area Planning.

Do I need a permit for an above ground, (or temporary swimming pool)?

You need an ILP for an above ground swimming pool if the width is 18 feet or larger and the depth is at least 3 feet.
Reference: Article II section 2.11 as well as article XIII definitions of the Unified Zoning Ordinance.

How many acres are required to have livestock on my property?

The answer to this question varies according to the zoning of the property.
In the Agricultural Limited District you must have five acres.
Reference: Article III table 3.03 of the Unified Zoning Ordinance

In the Agricultural Intensive District you must have 40 acres for livestock.
You may apply for a variance on this acreage requirement.

Reference:  Article III-1, table 3.1-03 of the Unified Zoning Ordinance

What is the minimum square footage required for a new home, (mobile home)?

A residence must have a minimum of 950 square feet of living space in Randolph County.

What is the right-of-way and how do I find it?

The right-of-way is the entire width of a street, road or an alley that goes beyond the paved or graveled areas.  There is no "standard" right-of-way.  Contact Area Planning & Zoning for assistance with this determination.

What are the set back requirements for a New Home, (Mobile Home)?

Set back requirements vary according to location and zoning districts.
Please refer to the Unified Zoning Ordinance section that refers to the area where you have chosen to build.

How many acres are needed to build a new home, (set a mobile home)?

Outside of the city limits, it is required you have at least two acres for a new home or a mobile home.  Other restrictions may apply withing city or town limits.

Reference: article III table 3.03, article III-1, and table 3.1-03 of the Unified Zoning Ordinance

Do I need a permit for a mobile home?

It is necessary to file for an ILP to set a mobile home on a property.  Also if placing a Moblie Home on a residentially zoned piece of property, that is not in a licensed Mobile Home Park, you are required to receive Special Exception approval from the Board of Zoning Appeals.

Do I need a permit for a storage shed?

A permit is required for all storage sheds larger than 100 square feet.

Are there setback requirements for a fence?

A fence may be placed directly on property lines. If the fence is in the front of the home it cannot be placed in the street right-of-way.

What is the maximum height for a fence?

From the front line of a home to the rear property line, a fence can be no higher than six feet without applying for a variance before the Board of Zoning Appeals.

From the front line of the home to the street right of way a fence may be no higher than four feet.

Reference: Residential zoning districts Article IV section 4.10 of the Unified Zoning Ordinance

Do I a need an ILP for a fence?

It is not necessary to obtain an ILP to build a fence.  However, you are required to abide by regulations stated in the Unified Zoning Ordinance.
Reference: Article II of the Unified Zoning Ordinance
section 2.02, page 3

What happens if I choose not to obtain an ILP?

If you choose not to apply for an ILP you may be found guilty of maintaining a common nuisance, and fined no less than $10 per day and no more than $300 per day as long as a violation occurs.
Reference: Article X section 10.06.4 of the Unified Zoning Ordinance

What is the cost of an ILP?

The cost of an ILP is based on the improvement as well as the zoning district of the property. Check with Area Planning for the fee involved.

Reference: Article X, section 10.06.6 of the Unified Zoning Ordinance
.

What information do I need to apply for an ILP?

In order to apply for an ILP, it is necessary to know the dimensions of the structure being placed, added on or moved on a property.  In addition you will be required to provide a site plan; this is a diagram which shows the boundaries of the property as well as all other structures located on the property and the new improvement.  Area Planning can provide an Aerial photograph of a property to use as input to yoursite plan.
Reference: Article XIII of the Unified Zoning Ordinance, Page118

How do I determine if it is necessary to obtain an ILP?

You are required to obtain an ILP if building a new structure, adding on to an existing structure, changing the location of a structure on a property, or adding a pond or swimming pool.
Please feel free to call the Area Planning Office if you have any there is a questions.
Reference: Unified Zoning Ordinance Article II, section 2.02, page 3

What is an ILP?

An Improvement Location Permit (ILP) is written authorization from the Area Planning Commission approving the location of construction on a property.
Reference:  Unified Zoning Ordinance Article XIII, Definitions, Page 99

Do I need a permit for a driveway?

You do not need a permit for a driveway on your property.

Assessment
What should I do if I removed a building from my property?

When a structure has been removed from your property, you need to let the Assessor know either via phone, letter, or a visit to the office. An assessor will visit the property and confirm the report before removing it from the parcel. Depending on the time of year, the assessment will eventually reflect the removal.

How do you determine the value of my house?

In valuing a structure the Assessor takes into consideration the outside measurements, type of construction, year built, condition, etc.

After all data is gathered, appropriate cost tables, depreciation, and neighborhood factors are applied that result in a value. The land is valued separately and takes into consideration such things as location, use, and home site value.

What am I being assessed on besides my house I live in?

If you have yard structures such as tool sheds, lean-tos, barns, garages, pools, gazebos, etc., you will be assessed for them.

Can I check the real estate sales for the past couple years?

Yes. The sales disclosures for the past 5 years are available in the Assessor’s office. Many of them are now available on our in-house computer you can use.

How do I appeal my assessment?

You have 45 days from the date of receipt of any of the following three documents:

  • Form 11 - Notice of Assessment of Land and Structures
  • Form 113 - Notice of Assessment by Assessing Official from the Assessor or,
  • Your Tax Bill (Statement) from the Treasurer,

Appeals can be filed on Indiana Form 130 Short - Taxpayer’s Notice to Initiate an Appeal - Property Tax Assessment Board of Appeals,  or any piece of paper as long as the request for appeal contains the name of the property owner, property address, mailing address, phone number, and parcel number. An appeal should be filed with the local assessing official.

Additional appeals documentation:

  • Property Tax Assessment Appeals Fact Sheet
  • Procedure for Appeal of Assessment Flow Chart
What are improvements on real estate?

An improvement on real estate is a building or structure that adds value to the parcel.

How is Personal Property different from Real Estate?

Personal Property is movable – can be relocated. Real Estate includes the land and appurtenances to the land that are not Personal Property.

When is personal property assessed during the year?

Personal property may be assessed by the Assessors office any time between March 1st through May 15th.

More information about Personal Property Taxes.

What is personal property?

Any tangible property that is not real estate.

Building Permits & Inspections
Do I need a permit for a driveway?

You do not need a permit for a driveway on your property.

Court Records
Court Fine and Costs
Do you accept payment with a credit card or ATM card?

No. The Clerk's Office has no means of taking a payment using a credit card or ATM card. We accept cash, money order or a cashier's check (from a bank). 

Document Searching
How do I search for a lien on a property

The Recorders office does not directly perform searches for liens on property.  However, if you visit the Recorders office, they will show you how to conduct a search for a lien using the public terminals available.

Family & Health Services
Vital Records
What do I need to bring with me to obtain an birth or death record.

A driver's license or state ID.

How old does a child have to be to file a paternity affidavit with the health department?

You are able to file a PA until the child is 18 years of age.

If I live out of state and need a certified copy of a birth or death record, how can I obtain one?

On this website there are applications that you can print out and fill out then mail to the Health Department. The application is very self explanatory and tells you everything you need to do.

How much does a Death Certificate cost?

A death certificate is $6.75 per copy.

How much is a birth certificate cost?

A full size Birth Certificate is $5.00

A combo Birth Certificate which includes a wallet with the full size copy is $10.00

Public Safety Law & Justice
Child Support
How do I make a child support payment?

You can mail your child support payment in the form of check or money order to Randolph County Clerk's Office, PO Box 230, Winchester IN 47394. Please write your cause number and "Child Support" on the memo line of you check or money order.

You may also come in to our office to make a payment in person. We will accept cash, check or money order.

Do I have to let the non-custodian of my child(ren) have visitation when child support is never paid?

Yes, visitation is an entirely different issue than child support. A non-custodial parent can file a contempt citation for refusal of the custodian to permit or arrange visitation, just like a custodial parent can file a contempt citation for non-payment of child support. If you have a good reason for not wanting visitation to occur, you should talk to a private attorney about filing a motion to modify the visitation order.

The non-custodial parent of my child(ren) works for cash and has never held a job for over 3 months. He has never paid a cent on

It is difficult to track down and enforce against such an irresponsible parent. However, it is not impossible. We use all means possible to get that person into court on a contempt citation. The courts can punish a payor for contempt in various ways, including incarceration. When punishments are ordered, we often see the payor change his attitude. They may even start taking a greater interest in their child(ren) when they accept the responsibility for assisting with their support.

What can I do if I want to stop using IV-D services?

You can call or stop by the office and sign a document that will be sent to the State Child Support Bureau. The Prosecutor's Office will then withdraw from your case as an attorney of record. At that time all IV-D services stop. If you need future enforcement of your child support order, you will have to use a private attorney, or reapply for IV-D services.

How long does it take for my child support to start coming?

There is no specific time frame within which the IV-D office will be successful in collecting child support for you. It depends on the circumstances of the non-custodial parent and the information that you are able to provide for the office. If you know of an employer, and there is an existing child support order, it can be a fairly quick process. If you have very little information about the non-custodial parent, we may not be able to locate or enforce your order. We need as much information as possible, including address, social security number, and identifiers, such as height, weight, hair color, eye color, date of birth, and picture (if possible). Also, if the non-custodian has other children, we need to know their approximate ages and whether or not there is a child support order for those children.

How can I start using the Prosecutor's Office to get my child support?

Any custodial parent who is receiving TANF benefits (formerly AFDC payments) from the State of Indiana has assigned their child support rights to the State of Indiana, and must cooperate in trying to establish, enforce or modify a child support order for their children. The child support payments in these cases reimburses the State for benefits received by the children. The parent will receive letters and notifications from the child support division concerning their case, and may have to make an appointment to discuss their case. When the custodial parent is no longer receiving TANF benefits, the child support amount for current child support will be directed to him/her.

Courts
What if I don’t want the no contact order issued by the Prosecutor’s Office?

You should contact Prevail at 773-6942 and schedule a time to meet with them.

What if the defendant violates the protective order/no contact order?

You should immediately contact your local law enforcement agency and advise them that you have a protective order/no contact order and that the defendant is violating it. An officer should investigate the complaint and the defendant may be arrested or issued a citation and summonsed to court.

Once I get my protective order/no contact order, what should I do with it?

You should always carry a copy of the protective order/no contact order with you. If the defendant would happen to violate the protective order/no contact order and the police are called to respond, you will have your copy to show the police officer.

How long is the Protective Order/No Contact Order valid?

A civil protective order is valid for one year from the date it is issued. The order may be renewed for up to one additional year if proved necessary.
A no contact order issued as a result of criminal proceedings is valid during the pendency of the case. Once the case is closed (either by conviction or acquittal) the no contact order as a condition of pre-trial release must be terminated. However, if the defendant is convicted, a new no contact order as a condition of sentencing may be issued. This no contact order is valid for the duration of the defendant’s sentence. Once the defendant is no longer serving his/her sentence, the no contact order must be terminated. At this time, if you still desire a protective order against the defendant, you must request a civil protective order.

How do I get a Protective Order/No Contact Order?

There are two types of orders - a civil protective order and a no contact order issued through a criminal case.
A civil protective order can be obtained from the Randolph County Clerk’s Office. A no contact order issued through a criminal case. This order is prepared by the Prosecutor’s Office and is issued as a condition of the defendant’s pre-trial release or sentence. Once the protective/no contact orders have been filed, a copy will be distributed to the Randolph County Sheriff’s Department and any other municipalities which need to be aware of the protective/no contact order.

Do I need an attorney to get a Protective Order?

It is not necessary to have an attorney to get a protective order, but you can if you wish.

What is a Protective Order/No Contact Order?

A protective order/no contact order is a court order which instructs the defendant to have no contact, direct or indirect, with a victim.

What if the defendant doesn’t pay?

You should contact the Randolph County Probation Department and advise the defendant’s probation officer of the defendant’s failure to pay. If the defendant has not paid restitution in full by the time the defendant is off probation, the restitution order becomes a judgment lien. You should contact a private attorney for advice on collecting on the judgment.

What happens after restitution is ordered?

All restitution payments are to be made through the Randolph County Clerk’s Office. The Clerk will then issue a check to the victim(s). It is the victim’s responsibility to notify the Clerk’s Office of any change in address.

What about insurance?

The Court has the final say as to whether or not restitution will be ordered in a case. If you have insurance, you may want to submit your claim for any losses to your insurance carrier. Any uninsured expenses may then be requested as restitution.

When do I submit my Victim Impact Statement?

Once a defendant has either entered into a guilty plea or been convicted at a trial the case moves on to a sentencing hearing. Your Victim Impact Statement MUST be received prior to the sentencing hearing. If you wish to be present at the sentencing hearing to orally present your statement, please contact the Victim/Witness Coordinator and/or the Prosecutor assigned to your case so that the Prosecutor is aware of your desire to address the Court.

What is a Victim Impact Statement?

You have a right to make an oral or written statement to the Court after the defendant is convicted but before the defendant is sentenced about how you were affected by this crime - emotionally, physically and financially. The statement may also include your feelings as to what punishment you think is appropriate for the crime committed, including restitution.

How do I request restitution?

You should submit all documentation of uninsured expenses relating to the crime to the Prosecutor’s Office as soon as possible. The Prosecutor must have the documentation prior to the defendant being sentenced.

Do I need documentation for restitution?

Requests for restitution should be documented with receipts and/or estimates. For lost wages a wage loss letter is required from the victim’s employer and should be on the employer’s letterhead.

What expenses can be reimbursed in case of wrongful injury or death?

The court may consider property damages; medical and hospital expenses; lost earnings and funeral, burial or cremation costs.

What is restitution?

The court may order a person convicted of a crime to make restitution to the victim, the victim’s estate, or to the family of a victim who is deceased for certain expenses related to the crime.

What happens if the defendant either pleads guilty or is found guilty by a judge or jury?

The case will be set for sentencing, usually about thirty days from the date of the guilty plea. Sometimes a defendant will waive the thirty day period. During this time the probation department will prepare a Pre-Sentence Investigation Report (PSI Report). The probation officer assigned to the case should contact all victims and ask for their input and feelings about the defendant.

What if I decide to drop the charges and/or not to testify?

You cannot drop charges - only the prosecutor may do so. You may forward a written statement to the prosecutor handling your case stating the reasons for wanting the charges dropped for the prosecutor’s review and consideration. If you choose not to testify, you may jeopardize the case which could ultimately result in the defendant going free.

What if the defendant’s attorney or some other individual acting on behalf of the defendant contacts me about the case?

These individuals have the right to contact you; however, you also have the right not to talk with them. We request that you contact the prosecutor handling your case prior to talking with anyone acting on behalf of the defendant. We prefer that you only do so in our presence. You should also always ask for identification from the individual(s) wanting to talk to you.

What happens if someone tries to intimidate me into dropping the charges and/or not testifying?

Intimidating, threatening and/or harassing a state’s witness is a criminal offense. You should immediately contact the police officer or detective in charge of your case. An arrest warrant may be issued and the defendant’s bail could be revoked. The defendant would then remain incarcerated during the pendency of the trial.

How will I know if the trial date has changed?

We will attempt to notify you as soon as we become aware of any changes. However, your subpoena provides you with a contact person and telephone number to call the day before you are scheduled to appear in court. At that time you will be informed if the trial date has changed.

Am I allowed to be present in the courtroom during the trial?

Only if there is no "separation of witness order." Usually witnesses are not allowed to be in the courtroom until after they have finished testifying. You should ask the prosecutor handling your case if a separation order has been filed.

What happens if I ignore the subpoena and/or otherwise fail to appear in court as ordered?

The court may issue a warrant for your arrest for failure to appear.

What is a subpoena?

A subpoena is a court order which instructs the recipient to appear in court at a designated date and time.

Do I have to attend the trial?

Yes. Approximately two to three weeks prior to the scheduled trial date you should receive a subpoena to appear in court.

What is the difference between a bench trial and a jury trial?

A bench trial is a trial before a Judge without a jury. A jury trial is a trial before a Judge with a jury consisting of either six or twelve jurors (with alternates).

What is a pre-trial conference and do I need to attend?

A pre-trial conference is held to determine if there are any motions which need to be ruled on; make sure the prosecutor and the defense attorney have exchanged appropriate documents; and basically make sure that everyone is on track for the trial. Many times pre-trial conferences are handled by conference calls; however, some Judges require a formal pre-trial conference at which the defendant is required to appear. The victim does not need to appear.

What happens after a person (the defendant) has been arrested?

The defendant is brought before the court for an initial hearing. The defendant is given a copy of the charging information. The charge is read out loud by the Judge. Normally, the Judge automatically enters a plea of "not guilty." A bond is then set; a determination is made as to the defendant’s ability to pay for an attorney. If the defendant is unable to pay for an attorney, the court will appoint one. Finally, the court will set pre-trial conference and jury trial dates.

What is a warrant?

A warrant is an order signed by a Judge authorizing the police to arrest a person believed to have committed a crime.

Can I get a Prosecutor's explanation of a law or get legal advice from a Prosecutor?

The office of the Prosecuting Attorney will give legal advice on criminal matters to police agencies. Although the Prosecuting Attorney can give general advice on whether certain facts would constitute the commission of a crime, our office is generally reluctant to do so on individual cases to private citizens. Often people seeking a favorable opinion will give a distorted version of the facts; a full investigation by a police agency may reveal grounds for prosecution which were not disclosed to our office. In addition, no opinion given can be construed as immunity from prosecution. The Randolph County Prosecutor's Office cannot give legal advice on civil matters; all civil legal questions should be referred to a competent private attorney.

Can I talk to the Prosecutor about my case?

That depends. Are you a victim or a defendant? Prosecuting attorneys are ethically forbidden to speak with defendants about their cases; the only exception is in the Courtroom when the Judge is presiding over the case. If you are a victim, you are entitled to, and should be able to speak to the Prosecuting Attorney handling the case. However, Prosecutors have many other cases to handle, and while your case is important to our office, you should keep in mind that the Prosecuting Attorney's time is his or her most cherished asset. Please keep your inquiries brief and to the point.

I got a subpoena in the mail. Why do I have to testify....this is really inconvenient for me.....do I get paid?

Witnesses to crimes are required to appear personally in Court to tell what happened. Although it may be inconvenient, the cornerstone of a free society is the willingness of persons to appear in Court so that the truth about a crime can be known. Witnesses are not compensated for lost wages or other incidental expenses involved in testifying.

What is the status of a/my/my husband's case? Can you tell me my next court date?

Your best source of information regarding future Court dates is your attorney, or the Court itself. Court schedules are created by the Court staff, and are subject to change; the Court possesses the most current information on its own calendar.

My husband/boyfriend was arrested for domestic battery, but we just had a misunderstanding and I want to drop the charges.....

Once a person contacts a police agency regarding the commission of the crime, and causes another person to be arrested and charged, the case becomes the property of the Randolph County Prosecutor's Office. Our office policy is that once a person is charged, they are prosecuted, regardless of whether the victim has changed his/her mind.

How do I get a Restraining Order?

The Randolph County Prosecutor's Office may obtain a Restraining or Protective Order for the victims of violent crime as part of filing charges. Where appropriate, witnesses will also be covered by protective orders. Without the filing of charges, or where no crime of violence is involved, a private citizen can obtain a Restraining Order through the Randolph County Clerk, whose offices are located in the Courthouse in Winchester. The Clerk has an information packet which will assist a person to obtain a Restraining Order. There is a Court cost which must be paid as part of filing for a Restraining Order through the Clerk.

What is the other name I keep hearing for the child support division?

The child support division is also called the IV-D Office, because the rules and regulations governing the office were enacted by Congress and are incorporated in Title IV-D of the Social Security Act.

How do I file charges against someone?

Criminal charges generally begin with an investigation by a police agency. The Randolph County Prosecutor's Office will conduct investigations regarding Bad Checks through our Bad Check Program. However, most other criminal activity will be referred to a police agency. Our victim's advocate office, will assist persons in determining the appropriate agency to make a report.

Landlord Tenant
Is it my landlord’s duty to fix something that needs repair?

As a general rule a landlord has no duty to make repairs to leased premises unless the landlord agrees to

Can my landlord come into the house I am renting?

Landlords are entitled to come onto or enter the premises at reasonable times and with reasonable notice and to make repairs and inspections; they are entitled to immediate access to make emergency repairs and inspections. Otherwise, the tenant is entitled to peaceful enjoyment and if the landlord wrongfully violates the peaceful enjoyment the landlord is in violation of the lease.

Do I need photographs when I go to trial?

Photographs of the premises and of the damages claimed are very helpful if the dispute goes to trial, whether the damages are claimed by the tenant to have been there when he or she moved in, or claimed by the landlord to be due to the negligence of the tenant.

When do I keep the security deposit that was paid by the tenant?

The landlord may not keep any portion of a damage or security deposit unless there is back rent due or damages to the premises.

Can I charge late fees for rent that is paid late?

Reasonable charges for late rent payments may be assessed by the landlord but ONLY if agreed to in advance.

I only had an oral lease agreement with my tenant; will I be able to sue them for breaking the lease?

Oral lease agreements are enforceable, but there are fewer disputes about the terms of the lease when it is written and when all parties have read it carefully before signing.

Can I evict someone if they are buying a house on a land contract and they have broken the contract?

An eviction can only be filed if it is on a rental basis only. If the case involves a land contract you must hire an attorney to file the case for you.

Do I have to give my tenants notice before I file an eviction case against them?

You need to give them a written 10 day Notice to Quit that is dated. You need to keep a copy of the dated Notice to Quit in order to show the Judge in court. The Clerk’s Office DOES NOT have a copy of this form available.

Small Claims
What happens if the Defendant filed Bankruptcy?

If it is shown to the court that the debtor has filed bankruptcy and your judgment is listed in the bankruptcy petition, the court is required by Federal law to stop collection proceedings. In that case, your only remedy is in Bankruptcy Court.

What happens if the Defendant dies before the judgment is paid?

To collect the judgment if the debtor dies before the judgment is paid, you must file a claim against the deceased’s estate.

How many garnishments can be taken out of my pay at once?

Only one garnishment can be applied at one time; garnishment orders are paid in the order that they are received by the employer.

How do I collect the money for the judgment that I was awarded?

Collecting the judgement is your responsibility. The length of time it will take to collect will depend upon both your diligence and the debtor’s ability to pay. Filing a Proceedings Supplemental is the first step. These forms are available in the Clerk’s Office.

What do I do if the judgment that I have on someone has been paid off?

Once you have received full payment of your judgment, you will be required to release the judgment. This is accomplished by filing a release of judgment with the clerk of the court.

When does interest start accruing on the judgment amount?

The law allows interest to accrue on a judgment from the date of the judgment.

When will the Judge decide who wins the case?

The judge may make a decision at the end of the trial or take the matter under advisement and make a decision at a later date. Notice of the small claim judgment will be sent either to the attorneys of record if the parties are represented or to the parties.

Do I need to bring exhibits or proper documents to my trial?

It is often important to the case that the proper documents or other exhibits be brought to the trial and shown to the judge during the trial. Exhibits become a part of the court record and cannot be returned. If for any reason you must keep the original documents, bring copies also.

Do I need witnesses to attend my trial?

A party should try to get all witnesses to attend the trial. If a witness does not want to appear and testify voluntarily a party may request subpoena forms ordering the witness to appear at the trial. Requests for subpoenas should be made at the earliest possible date.

What is a Third Party Notice of Claim?

If you are the Defendant and you believe that another person who is not a party to the suit may be responsible to you for all or part of the Plaintiff’s claim, before the trial you may file a third-party notice of claim against the person. To do this you should request a notice of claim form from the Clerk and fill it out naming the person whom you believe responsible as the “Third Party Defendant” and explain on the form why you believe this person should be responsible to you for the Plaintiff’s claim. Adding a Third Party Defendant costs $10.00 per defendant.

Why would someone file a counterclaim to a Small Claim?

If you are the Defendant and have received notice that you have been sued in Small claims Court and you believe that you have any claim against the Plaintiff, you may file a counterclaim against the Plaintiff. An Answer/Counterclaim form is available in the Clerk’s Office.

What is the deadline for filing suit for Small Claims?

A Plaintiff must file a Small Claim within two years for Personal Injury (that is, injury to a person as opposed to damage to property) and damage to personal property.
A Plaintiff must file a Small Claim within six years for things such as accounts, contracts not in writing (other than a contract for sale of goods), rents and use of real estate (landlord-tenant disputes), damage to real estate, and recovery of personal property. (That was a listing of the most common statutes of limitations. This is not an exhaustive listing of the statutes of limitations in the Indiana Code.)

Can I file a Small Claim as a sole proprietor and partnership (unincorporated business)?

As a general rule an unincorporated business must be represented by the owner of the business or an attorney. Small Claims Rule 8 provides a limited exception for certain claims filed in small claims court. A business, operated as a sole proprietorship or partnership may be represented by an employee who is not an attorney if the following conditions exist: (1) The claim is not more than $1,500.00, (2) The claim is not an assignment; and (3) The business has on file with the Clerk an employee affidavit and certificate of compliance designating a full-time employee to represent the business.

If I am filing a Small Claim as a corporation do I need to have an attorney?

No, as a general rule, a corporation must appear by counsel. Small Claims Rule 8 provides an exception for certain claims. A corporation may be represented by an employee who is not an attorney if the following conditions exist (1) The claim is not more than $1,500.00 and; (2) The claim is not an assignment (such as a claim that has been assigned to a collection agency); and (3) There is a corporate resolution and employee affidavit on filed with the clerk authorizing a full-time employee to represent the corporation. The Clerk’s Office has resolution forms that can be formed for this reason

Can I file a Small Claim if I do not have an address for the person that I want to sue?

You must give the Clerk the correct name, address and telephone number of the Defendant.

Do I have to pay the filing fee in Small Claims Court?

You must pay the cost of filing the suit regardless of whether you choose to have the Notice of Claim delivered by certified mail, or to have the sheriff deliver it.  If you win your suit, the Defendant will be ordered to repay this money to you. You will not be repaid if you lose.

How much does it cost to file a Small Claim?

It costs $89.00 to file against one defendant and $10 for each additional defendant.

What is the limit that I can sue someone for in Small Cliams Court?

You can sue for up to $6000 in Small Claims Court.

Crime Victim Services
Protective Order
What happens if the protective order is violated?

If an individual violates the protective order, the person who is protected by the order may file for contempt of court (civil proceeding), or seek the filing of criminal charges ranging from Invasion of Privacy to major felony charges, depending on the severity of the offense.

What are the limitations of protective orders?

The most recent studies indicate that filing for protective orders actually decreases violence in the overwhelming majority of cases.  Although protective orders are extremely helpful in curbing many forms of violence and preliminary stalking behavior, they are not bulletproof shields.  Therefore, it is EXTREMELY important that when obtaining a protective order, that a petitioner seek the advice of an advocate regarding safety planning and other resources within the community that will be able to provide assistance, just in case.

How long does the protective order remain in effect?

It depends.  The duration period of a protective order is usually two years.  However, the judge has the discretion to issue a protective order for as little time or as much time as he or she determines is appropriate.  The petitioner can renew the protective order near the time that the order is scheduled to expire.  Please note there is a one-month grace period to renew and if more time than this passes the petitioner will have to start the entire application process over again.  A protective order may only be renewed one time.  After the one renewal, the petitioner may reapply for a new protective order.

Are there age requirements for Protective Orders?

Anyone may request a protective order if they have been physically hurt or threatened.  A parent or guardian must file on behalf of anyone under 18 years of age as long as he or she lives in the same household.  Under certain circumstances a protective order may be issued against a juvenile.  There are no hard and fast rules regarding protective orders against juveniles and it will be up to a judge to decide if one is needed.

May I request additions to the protective order?

Upon request, the judge may make additions to a protective order.  Depending upon the circumstances involved, the judge may stipulate any of the following:

Eviction of the respondent from a residence shared by the petitioner.  Unless the protective order specifically calls for an eviction, it is not an eviction notice.  If both are listed on a lease or mortgage, the respondent cannot be evicted until the permanent protective order hearing.

An order may be issued for the Sheriff's Department to accompany the petitioner to the shared residence to collect emergency belongings.

An order may be issued for the respondent to pay child support or maintenance payments to the petitioner if the petitioner and respondent are married and have not filed for divorce.

The petitioner, respondent or both may be required to attend counseling, including domestic violence education.

Why do you suggest I get a protective order?

Protective orders enable law enforcement agencies to intervene at the earliest indications of threatening, harassing or otherwise violent behavior occurs.  Unfortunately, isolated, threatening acts, such as walking in front of an ex-spouse's home at three o'clock in the morning, dressed in black and carrying a knife, or walking up to an ex-girlfriend at her job and stating an intent to kill her, are not offenses which individually constitute crimes in the State of Indiana.  Therefore, absent a protective order, if someone were to report such conduct to the police, no legal recourse would be available.  However, were such threatening acts to occur in the face of an active protective order prohibiting all contact, abuse and harassment, then law enforcement officers would be able to make an arrest.

Regarding obtaining a protective order, what if a divorce is involved?

If a divorce is pending, the application for the protective order should be applied for by the petitioner, and evaluated by the judge, in the court in which the divorce is pending.

How do I obtain a protective order?

Protective orders are cost-free to anyone who is a victim of domestic or family violence, stalking or a sex offense.  Because this is a civil proceeding, the Prosecutor's Office is not involved in the issuance of such orders.  Rather, a person must go to Randolph County Clerk's office, where he or she will fill out the paperwork to be review and ruled on by a judge.

For the judge to approve a protective order, the petitioner must allege that the respondent has attempted to cause, threatened to cause or is causing physical harm to the petitioner, or that the respondent is actually placing the petitioner in fear of physical harm.

Emergency Management
What is SARA Title III?

The federal Superfund Amendments and Reauthorization Act (SARA) became law in 1986. Title III of these SARA provisions is also known as the Emergency Planning and Community Right-to-Know Act (EPCRA). SARA Title III requires states to:

  • Promote outreach for developing local emergency preparedness programs to respond to chemical releases.
  • Receive reports from the regulated community.
  • Organize, analyze and disseminate the resulting information on hazardous chemicals to local governments and the public.

Specifically, this has required the establishment of state emergency response commissions and local emergency planning committees.

The nationwide regulated community of manufacturers and non-manufacturers of hazardous chemicals must report concerning their emergency chemical releases; their Material Safety Data Sheets (MSDS); their facility hazardous chemical inventories (Tier I and Tier II reports); and their toxic chemical releases to the air, land or water (Toxics Release Inventory).

Because of this activity, businesses have reassessed their chemical inventories and their manufacturing processes. In addition, more businesses are working cooperatively with local governments to plan for and try to prevent an accidental chemical release.


Businesses are also pursuing waste minimization and pollution prevention programs and realizing monetary savings.

Tax & Finance
Property Taxes
How do tax sales work?

SRI Inc. handles both tax sales and Commissioner's sales for Randolph County.  Visit the SRI Tax Sale FAQs for more information.

What needs to be done to obtain a mobile home title transfer or moving permit?

If possible you should bring the mobile home title to the Treasurer’s office to obtain a permit.  If no title is available we would need to prepare a letter stating all taxes were paid for three consecutive years for the license branch.   If you are moving the mobile home you will need to provide the new location address.  We also need the name of the current mobile home owner to verify the taxes have been paid.   To obtain a title transfer and/or moving permit you must have the full years taxes paid.  If it is after January 15th assessment date you must pay an estimated tax for that year. Permits are good for 30 days.

I need to change or add a name on my property tax bill, what do I need to do?

The name on a real estate tax bill is the name of the deed holder.  You need to contact the Auditor’s office to learn about the steps you must follow to change a deed.  For changes of the name on personal property or businesses you will need to contact the Assessors office.

I need to change my mailing address for my property tax bills, what do I do?

Mailing address changes are handled in the Treasurer’s office and the taxpayer should notify us.  The tax statement will continue to go to your former address unless our office is notified by you or the Post office returns your mail to us. You can call our office at 765-584-0704 or email at treasurer@randolphcounty.us

Why does the previous owner’s name show up on my property tax bill?

If you purchase a property after the March 1st assessment date, then the previous owners name will appear on the bill.  The county is to show who the owner of record was as of March 1st.  You should expect the former owners name to be deleted the next year.

Do I have all the property tax exemptions I qualify for?

Exemptions are filed in the Auditor’s Office.  You can find information concerning exemptions here or by calling the Auditor's office at 765-584-6700.

Is there any way I can reduce my property taxes?

There are a number of exemptions and deductions available to qualifying taxpayers.  Click here to learn more.  The County Auditor can provide you with information and assist you in determining whether or not you qualify. 

Another way to reduce your taxes is to ensure your assessed value of the property is correct.  Learn about the assessments and appeal procedures by contacting the Assessor's Office at765-584-2427.

When does my property go to the tax sale?

All real estate parcels that have a balance due from spring of the prior year or before are eligible for the tax sale.  Normally, tax sale notices are sent out in July if our county is collecting in May and November.  Upon certifying the tax amounts to the Auditor there is a $96.00 tax sale fee added.  You would have from July until the day of sale to pay the back taxes.  If your property does sell at the tax sale, you can still redeem the property but you will also have to pay tax sale fees and daily accruing interest (currently 10%).  Visit here to learn more about tax sales in Randolph County .

Why didn’t I get a notice that my property taxes were delinquent?

We send out one billing in the spring of each year.  That bill has two payment coupons to make a payment in May and November.  In the case of properties eligible for tax sale, a delinquent courtesy letter would be sent to the last known address.

What happens if I miss a property tax payment?

A penalty of 5% of the unpaid balance will be added if you have no other delinquencies on that parcel and the taxes are paid within 30 days of the due date .  After 30 days the penalty amount is 10% of the unpaid balance.

Do you accept postmarks for property tax payments?

Yes, we consider a payment "on time" if the envelope is postmarked on or before the due date.   Please be aware of postal deadlines and specific procedures when mailing your property tax bill.  We use the postmark as printed on the envelope when determining if a payment is on time.  (Please note:  Postmarks are valid for regular tax payments only and do not apply to properties going to tax sale.)

How are property taxes billed?

Based on the March 1st ownership year, taxes are due and payable the following year in two installments.  Tax bills are mailed once a year; both the 1st and 2nd installment payment coupons are included.  Due dates are on each installment statement.  Taxes not  paid on or before the due date are subject to a penalty.  

How is the amount of property tax I owe determined?

Your assessed value is multiplied by the tax rate.  The tax rate is the total rate of the combined taxing units (County, Township, City or Town, Library, etc)  within each taxing district.  The tax rate is expressed in dollars per hundred dollar of assessed value.  This amount is reduced by state and county credits and by any exemptions or deductions you may have as well as any tax caps that may apply.

I never received my property tax bill, what do I do?

You should contact the Treasurers office at 765.584.0704.  We will verify your mailing address and mail a new bill out to you.  Failure to receive a tax statement by mail  does not relieve the taxpayer of the responsibility for payment and penalties when delinquent.

How do I get a receipt for my property tax payment?

When making your payment in person, we will print a receipt out for you.  When mailing your payment  we will return a receipt if you send a stamped self-addressed envelope, otherwise your check will serve as your receipt.

How can I pay my property tax bill?

You can pay your bill by mail, in person, at Old National Bank, or pay online with a credit card  or pay by phone using a credit card.  For more detailed information click here.

Why do I have property taxes?

We are accustomed to the services provided by our local community.  Schools, police , fire protection, libraries and roads are only a few of the amenities property taxes make possible.  Without property taxes, we couldn’t support the above services.

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News & Alerts

  • Alert
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    10/15/2012 - 11:53am

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