Clerk

Laura Martin, an elected official, is the Randolph County Clerk.  Her office is open from 8am to 4pm M-F.

The office is located on the 2nd floor of the courthouse.

FAQs

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

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.

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.

Collecting the judgment 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.

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

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.

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

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.

As of July 31, 2013 the cost is $94.00 to file against one defendant and $10 for each additional defendant to file a Small Claim.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

If you would like to make a payment online you can visit the Child Support Bill Pay site to make a payment. Do NOT wait until the last minute! When making your first payment online, you may need to call our office to make sure your information is in our computer properly. If we need to update your information (SSN, DOB, etc.) then it will take 24 hours to take effect and you will not be able to make your first payment that day.

YOU MUST HAVE YOUR CASE # IN ORDER TO MAKE A PAYMENT ONLINE! Call the Clerk's Office at 765-584-7407 to check on this information.

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.

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.

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

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

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.

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

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.)

Yes! (EXCEPT WHEN PAYING CHILD SUPPORT) There is a $3.00 or 3% charge to use this service. You can also pay online by using the PayGOV System

YOU MUST INCLUDE YOUR CAUSE # to make sure that you're payment is applied to the correct case.

The Clerk's Office still accepts cash, money orders, cashier's checks and checks (Note: You cannot use a check for criminal payments i.e. fines/costs).

YOU CANNOT PAY CHILD SUPPORT USING THE PAYGOV SYSTEM AND WE CANNOT ACCEPT DEBIT/CREDIT CARDS IN THE OFFICE AT THIS TIME FOR CHILD SUPPORT.

If you need to pay your child support online use the State of Indiana Child Support Payment Service.

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

You need to give tenants 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.

People

Name / Title Phone #
Laura Martin
Randolph County Clerk
765-584-4214
Deb Harris
Superior Court Criminals Clerk
765-584-4269
Claudia Thornburg
Voter Registration Clerk - First Deputy
765-584-4717
Heidi Van Note
First Deputy - Circuit Court
765-584-4903
Mindy Peed
Child Support Clerk
765-584-6603
Cindy Cox
Estates & Criminals Clerk
765-584-7207
Shelly Kinney
Research Clerk
765-584-7207
Raeanne LaFuze
Superior Court Clerk
765-584-7207

Did you know?

  • The Clerk's Office is now accepting credit/debit cards (EXCEPT WHEN PAYING CHILD SUPPORT)? There is a $3.00 or 3% charge to use this service. You can also pay online at PayGOV.US.  YOU MUST INCLUDE YOUR CAUSE # to make sure that you're payment is applied to the correct case.

    The Clerk's Office still accepts cash, money orders, cashier's checks and checks (Note: You cannot use a check for criminal payments i.e. fines/costs).

    YOU CANNOT PAY CHILD SUPPORT AT THIS WEB ADDRESS AND WE CANNOT ACCEPT DEBIT/CREDIT CARDS IN THE OFFICE AT THIS TIME FOR CHILD SUPPORT. If you need to pay your child support online you can go to the State of Indiana Child Support Bill Pay site.