What Is a Small Claims Court in Indiana?
In Indiana, a small claims court handles small civil matters where private individuals, firms, or corporations sue other entities for $8,000 or less. Small claims court processes in Indiana are controlled by Title 33, Article 33 of the Indiana Statutes. The court allows citizens to file lawsuits and resolve them quickly and inexpensively without hiring an attorney. The state's county courts, superior courts, and circuit courts each have a small claims court division. The following are some cases that the court addresses:
- Injuries to individuals
- Damages to personal property or real estate
- Tenant-landlord disputes
- Owed money from bad checks, wages, services rendered, etc.
- Return of property unjustly taken and cash paid for poor labor
- Emergency possession actions between a landlord and tenant
If the case involves a land contract, the affected party cannot take possession of the property or file a foreclosure action in the small claims court. These types of cases must be filed in the appropriate circuit or superior court as a civil matter. Overall, the small claims court and its processes were created to accommodate the layperson.
How do Indiana Small Claims Court Work?
Despite the small claims process in Indiana being more laid-back than the higher-level civil cases, it is nevertheless regarded as a formal court action. Indeed, Rule 8 of the Indiana Small Claims Rules states that "the trial shall be informal, with the objective of dispensing speedy justice between the parties." As a result of the reduced requirements for rules of procedure, evidence, and pleadings, hiring attorneys in this court is an option but not a necessity. Many parties choose to represent themselves without counsel, sharing their opinions and stories with the judge so that the court rules in their favor. However, it is usually a good idea to obtain legal advice or representation if the case involves complicated issues or contracts.
The most prevalent types of cases brought to the small claims court are unpaid bills, unpaid debts, breach of contract claims, landlord/tenant concerns, and any other kind of property damage. Jury trials are not allowed in these situations. Instead, small claims hearings are heard by a judge.
The court places a cap on the amount that parties are entitled to - $8000 or less, and special rules depict where these cases can be heard. According to Rule 12 of the Small Claims Rules, the proper venue for filing a small claims case is the circuit, superior, or county court in the county where the transaction occurred, where the obligation was to be performed, or where the defendant resides or works.
How to Take Someone to Small Claims Court in Indiana
Suing someone in Indiana's small claims court entails filing a lawsuit and forcing them to appear in court. The Indiana courts were established to settle disputes, uphold the rule of law, and administer justice. As a result, when entities file a claim against other individuals or businesses, they are asking a court of law to resolve the disagreement.
The plaintiff (entity suing the opposing party) must perform the following before submitting the claim:
- Make every effort to settle the case without going to court. If that fails, the party may file a claim.
- Ascertain that sufficient proof and evidence exists to obtain a favorable ruling from the court. The party may seek advice from an attorney.
- Check to see if the damages requested in the claim are within the small claims court's jurisdiction. That is, if the damages claimed are no more than $8,000.
- Obtain personal and business information on the individual or corporation being sued. This comprises the defendant's legal name, home address, and work address. They can visit the Indiana Secretary of State (SOS) business search webpage for company information.
- The party must try to submit the claim in the township where the incident or transaction occurred, where the contract was signed or breached, or where the defendant lives or works. The plaintiff can also submit a claim in the county where the property is located if it is a property claim.
It's worth noting that if a claim is brought in the wrong jurisdiction, the defendant can ask the court to transfer or dismiss the case.
Filing the claim
The plaintiff may file the paperwork after determining that they want to pursue the claim and completing all earlier processes. The civil action officially commences when the individual files a Notice of Claim in the appropriate court and pays the required court fees. The Notice of Claim form is available from the court clerk's office at no cost. This notice must include critical information such as:
- The plaintiff's name, address, and telephone number
- Defendant's name, address, and contact information
- A brief and comprehensive description of the nature of the claim
- Statement of the requested damages
- Whether or not counsel will be required
- Instructions to the defendant regarding what to bring to court
If the small claims suit is based on a written contract, the plaintiff must deliver one copy of the contract to the clerk of the court and one copy to each defendant. If the plaintiff is suing to recover a debt, the party must also file a Notice of Claim and Affidavit of Debt must be filed with the court clerk.
Serving the defendant
Following filing, the court will inform the defendant (the sued entity) about the case by serving the Notice of Claim at least ten days before the court date. This notice informs the defendant of the claims and allegations leveled against them and invites them to appear in court to take part in the proceedings. The notice/summons may be delivered by certified mail or by the county sheriff for a fee.
If the defendant is not notified of the case on time, the plaintiff may either dismiss the claim or request a continuance of the trial date. A continuance allows the plaintiff more time to find and notify the defendant of the lawsuit.
Court Hearing
After the defendant answers the claim, the court clerk will set a court date.
The court hearing procedures are straightforward. The plaintiff simply needs to explain to the court, with evidence, why the defendant owes them money or why they should restore a piece of property. Each party may provide their side of the story to the presiding judge, and the court may interrogate them to confirm the facts of the case. The judge will eventually reach a decision based on the information provided at the hearing. If the plaintiff prevails in the lawsuit, the court will order the defendant to reimburse all debts and, if applicable, court and attorney fees.
Notwithstanding, the court hearing could be avoided entirely. This is possible if the parties reach an agreement before the hearing. However, they must have this agreement or settlement in writing and both sign it. It will be filed in court and the hearing dismissed.
Parties who are dissatisfied with the court's decision may file an appeal with the Indiana Court of Appeals within 30 days of the ruling. Even if the entity was self-represented during the initial hearing, seek the advice of an experienced attorney for an appeal because they are more complicated than the trial hearings.
How Much Can You Sue For in Indiana Small Claims Court?
Before 2020, litigants in Indiana small claims suits could only seek up to $6,000 in damages ($8,000 in Marion County). However, starting July 1, 2020, small claims cases in the Indiana circuit, superior, and county courts have been confined to matters involving a sum of $8,000.00 or less.
How to Defend Yourself in Indiana Small Claims Court
A defendant in a lawsuit is any entity with a claim filed against them in a court of law. After being notified of a claim, if the defendant believes to have a valid claim against the plaintiff over the same matter, the party can file a counterclaim. The original claim and the counterclaim will be heard and decided at the same hearing. Although the small claims courts were designed for people to handle their cases without attorneys, the defendant may decide to hire an attorney to file a counterclaim or represent them in court.
The defendant must file the counterclaim with the court so that a copy can be mailed to the plaintiff at least seven (7) days before the trial. Whether or not there is a counterclaim, the defendant must answer the plaintiff's claim before a trial date can be determined. The defendant must appear at the trial equipped with all relevant materials, including documents and witnesses, that can prove that the damages alleged in the counterclaim occurred.
How Long Do You Have to Take Someone to Small Claims Court in Indiana?
In Indiana, claimants do not have a limitless amount of time to submit a claim. Because there are deadlines for filing a lawsuit, individuals must file a claim within the statute of limitations for that specific case. Suits filed after the time limit has passed will not be accepted by the court since the entity will have lost the right to sue.
The time limit in Indiana small claims contract lawsuits begins when the contract is breached. Also, in small claims suits for personal injury and property damage, the time begins to run when the injury or damage occurs, unless a minor/juvenile is injured, in which case the statute does take effect until the child is 18 years old.
Examples of the common statute of limitations include:
- Two years for personal injury and damage to personal property.
- Ten years for written contracts
- Six years for oral contracts
- Six years for accounts, debts, landlord-tenant disputes, and recovery of personal property.
What Happens if You Don't Show up for Small Claims Court in Indiana?
Attending a court hearing after being summoned is important. Parties who have been summoned to the court must make every effort to attend the hearing. If unable to attend the trial, they must notify the court as soon as possible.
If the plaintiff does not attend the hearing at the time specified on the Notice of Claim, the claim may be dismissed without prejudice. In this case, the plaintiff may refile the claim by paying a new filing fee. On the other hand, if the plaintiff skips court again after refiling, the court may dismiss the claim with prejudice. This means that the plaintiff will be unable to file another claim or take any further legal actions concerning that case.
In scenarios where the defendant files a counterclaim against the plaintiff and the plaintiff fails to appear at trial, the court may impose a default judgment against the plaintiff based on the defendant's counterclaim. Likewise, if the defendant fails to appear in court after being served with the suit, the plaintiff may request that the court enter a default judgment in their favor.
As a result, any party unable to attend court should contact the court clerk's office to inform them and request a continuance if they have a reasonable excuse for missing the hearing. Failure to appear in court or seek a continuance will cause the case to be dismissed by the judge.
Regardless, before the court enters a default judgment against the defendant, the plaintiff must prove the following:
- That the defendant was notified of the claim within the specified time.
- That, to the best of the plaintiff's knowledge, the defendant has no legal, physical, or mental disability that would prevent them from attending the hearing or inhibit their comprehension of the court proceedings.
- That the plaintiff has a valid claim that should be recovered from the defendant.
What are Small Claims Court Records in Indiana?
Small claims court documents are explicit documentation of the case activities of a minor civil dispute. These records are created during small claims proceedings. They include all documents filed from the time a case is commenced to its completion. Examples of the contents include pleadings, complaints, notices, summons, court judgments, sworn declarations, affidavits taken under oath, evidence and witnesses, etc.
Where Can I Find Indiana Small Claims Court Records?
Per Indiana's Access to Public Records Act (APRA), it is the responsibility of government agencies, including state courts, to provide speedy access to Indiana court records. The Indiana Judicial Branch manages small claims court records, which are open to the public. This state agency, among other things, ensures access to trial and appellate court cases. Interested parties can access the internet database, mycase.in.gov, for civil court records that are not deemed confidential by state or federal law.
If the document of interest is not accessible via mycase.in.gov, it is not available online. In that case, inquirers must call the clerk's office in the county where the case was heard, visit the specific courthouse's website to check for online search portals, or visit the court in person to request and review paper documents.
