1. (a) This section applies to actions for money demands on contract, commenced in the circuit or superior courts.
2. (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.
3. (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.

4. (d) If one (1) or more defendants, necessary to a full determination of the cause:

   1. (1) are nonresidents of the county in which the suit is brought but are residents of the state of Indiana; and

   2. (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).

      [Pre-1998 Recodification Citation: 34-1-32-2.]

As added by P.L.1-1998, SEC.48.