Frequently Asked Questions - Small Claims

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.

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

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

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.

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.

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

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.

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.

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.

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.)

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.

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

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

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.

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

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