Each county of Indiana has a small claims court.The courts have simplified rules and a less formal procedure that allow citizens to represent themselves in smaller amounts of money.Although attorneys can practice in small claims courts, you don't need an attorney if you are filing a lawsuit as a private individual.The ability to resolve a claim quickly is given by small claims courts.
Step 1: Make sure your issue is appropriate for small claims court.
Unless the court has the power to resolve the issue, it can't hear your claim.To file in small claims court in Indiana, you have to claim damages of less than $6,000.If you were injured or your property was damaged, you can file a lawsuit against the person who hurt you.If your damages are more than $6,000, you can't file a suit in small claims court.
Step 2: You should confirm that you've chosen the correct county.
The court needs power over the subject matter of your claim as well as the person you're suing.You will usually file your small claims case in the county where the person lives.The subject matter of your lawsuit can be filed in the county where it happened.Indiana University is in Bloomington.When your roommate moved out of your apartment at the end of the school year, she owed you $300 in utilities and you want to take her to small claims court.She incurred this debt at school in Bloomington.Your roommate lives in Indianapolis.If you want to file a lawsuit against your roommate, you could file it in the Monroe County small claims court.
Step 3: The proper parties in your case should be determined.
If you want to file a claim, you need to make sure all the defendants are responsible.You have to include all of them in the same lawsuit if more than one person is responsible for your damages.If your roommate's parents co-signed the apartment lease with her, you could argue that they were responsible for some of her expenses while she was attending college.
Step 4: The statute of limitations can be checked.
If the deadline has passed, you cannot file a lawsuit.There is a limit of two years to file lawsuits in Indiana.You have six years to file your lawsuit in Indiana if you have a landlord-tenant dispute.It is always a good idea to file your lawsuit as soon as possible after the event that gives rise to your claim.If you only file a lawsuit as a last resort, you should make sure the facts surrounding the claim are still fresh in everyone's mind.
Step 5: What documents and information do you need?
Get a copy of the forms you'll need to file and gather all the information you need.You must be able to clearly state your claim in writing, along with the amount of money you're seeking, on the claim form.Attach a copy of the contract to your claim form if your lawsuit is based on a written contract.Each person you're suing will need at least one copy for the court.For your own records, keep the original.Some claims require you to sign an affidavit.The form for the affidavit is included with the other forms in the state's small claims manual.
Step 6: The notice of claim needs to be filled out.
The forms to file a small claims suit can be found in the clerk's office.You have to fill out several copies of the form so you have one for each person.The court will keep the copy you file for your own records.The address and phone number of the defendants must be listed.
Step 7: Attach any other documents.
Attaching documents to your notice of claim is essential to understanding your claim.You have to include an Affidavit of Debt if you want to file a lawsuit because someone owes you money.
Step 8: You can give a notice of claim to the clerk.
When you give the forms to the clerk, you will have to pay a filing fee.You will have to pay back the costs if you win the case.You will usually pay between $70 and $90 to file your claim.If you are suing more than one person, you have to pay an additional $10 for each one.If you want to file a lawsuit in your county, you will have to pay a total of $100 to do so.Fees you paid for filing or serving will not be returned if you withdraw or dismiss your claim before your hearing.
Step 9: Find out when your hearing is.
Your hearing will be scheduled by the clerk.The day of your final trial will be skipped in some counties.The clerk will be able to tell you if you need to bring witnesses or evidence to the hearing.The court may dismiss your case if you don't attend your hearing.
Step 10: Have the person served.
You must give at least 10 days' notice of the suit before the hearing.The clerk will try to serve you.Service can be completed using certified mail or in person.If neither the clerk of court nor the sheriff can locate the defendants in time, you can request a continuance.
Step 11: If required, attend the first hearing.
If the person you're suing is contesting your claim, some counties will have a first hearing.If the defendants don't show up for the hearing, you can win by default without having to go to trial.The judge will schedule a full trial at a later date if the defendants show up and dispute your claim.
Step 12: If there are any counterclaims, review them.
He may file a counterclaim against you if he claims you owe him money or caused him damages.The clerk needs at least seven days before the trial to get a copy of the counterclaim from the defendants.The maximum dollar amount for damages that can be recovered in small claims court is the same requirement as your original claim.If you don't receive a copy of the counterclaim at least seven days before the trial, you can request a delay so you have time to read and respond.
Step 13: You can participate in discovery.
He must give you the documents or information you need to build your case.You have the right to give the defendants information that he needs to build his defense.You can ask the judge to order the defendants to give you information if they refuse to do so.If you have good reasons why you need the information, the judge will issue an order.You must be able to show that the defendants refused to give you the information you asked for.
Step 14: Consider talking to an attorney.
You can consult an attorney about your small claims case in Indiana.Although you won't be able to recover attorney's fees from the defendants, you can have an attorney represent you in small claims court.Counsel must represent corporations in small claims court.If you have an unincorporated business such as a sole proprietor or partnership, you don't need an attorney to represent you.If you own a coffee shop, you can hire an acoustic singer-songwriter to play a two-hour set every Thursday afternoon for a month.You want to file a small claim against her to get back the money you paid her, because she didn't show up for the last week.You can represent yourself in small claims court if you run your business as a sole proprietor.If you incorporated as Small Town Coffee, Inc., you must hire an attorney to represent you at trial.
Step 15: Attempt to reach an agreement.
At any time before your hearing, you and the defendants may compromise on the claims.If you reach a settlement, you should sign it and file it with the court.The judge will approve your settlement and enter it as his judgement.This makes your settlement legally binding.You can get a court order for the money if the defendants refuse to pay as agreed.
Step 16: You have evidence and witnesses.
Prepare by talking to your witnesses and getting all your evidence together.If you want witnesses to show up at your trial, make sure you know when and where it will be held.Ask them questions before you talk to them.Your witnesses should be prepared for any questions the judge or the defendants may ask them.If the witness you need to prove your case doesn't want to testify, you can ask the clerk to issue a subpoena.There is plenty of time before trial if you request a subpoena as soon as possible.If you want to find your evidence easily during trial, you should get a binder or series of folders that will allow you to separate it by subject and label it so you can find it quickly.If you can, make copies of any evidence you intend to present for yourself, the other person, and the judge.If you need to keep the originals for any reason, you should make copies of the exhibits you present to the judge.You should include copies of the documents you have filed with the court.
Step 17: Arrive early at the courthouse.
You want to show up in plenty of time to park, get through courthouse security, and find the correct courtroom.In clean, neat clothing, dress conservatively and professionally.You don't have to wear a suit, but you should avoid wearing t-shirts, sweat pants, and other casual clothes.Cell phones and pocket knives are not allowed in the courtroom, so make sure you review the rules before you go.
Step 18: Your case should be presented to the judge.
You will present your case to the judge.You can testify yourself or call witnesses to testify on your behalf.If you have any evidence that supports your claim, you should show it to the judge.Keep your statements brief and stick to the facts.Don't ask the defendants any questions and talk to the judge.You should stop speaking if the judge speaks.The judge may ask you questions as you present your case.Stop speaking and listen to the question if he does.If you want to make other statements, answer that question first.Penalties for perjury or contempt are still applicable even though the trial is informal.You need to prove to the judge that the defendant did something that made him liable to you for damages, and that your damages are the amount you've claimed.
Step 19: The man is presenting his case.
The defendants will have the chance to present their side of the story after you've presented your case.Don't interrupt him while he's speaking or talk to him directly.The judge can allow you to cross-examine witnesses if the defendants call them.You can ask questions directly to the witnesses.
Step 20: It's time to make your final statement.
The judge may allow you to make a final statement summing up your claims when the case is over.If the judge doesn't mention it, you may ask if you can make a final statement.This is in the judge's discretion and he may refuse.
Step 21: Wait for the judge's ruling.
The judge will make a decision at the end of the trial if the defendants owe you money.The judge can either make a decision at the end of the trial or at a later date.The decision will be mailed to you if this happens.When the judgement is recorded, it becomes a lien on any real property the defendants have in the county.If you win your lawsuit, you are responsible for collecting any money awarded to you.You can file a form if you are not paid.Setting up a payment plan is one of the ways the court will make appropriate collections arrangements.