This document is the Plaintiff's Small Claims Court complaint against the Defendant. In addition to the complaint, an information sheet concerning the claim is attached. Upon ordering, you may download the form in Word or Rich Text formats.
Indiana Clerk's Notice of Claim to Defendant
Category:
State:
Indiana
Control #:
IN-019-SC
Format:
Word;
Rich Text
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Description
How to fill out Indiana Clerk's Notice Of Claim To Defendant?
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FAQ
Where do I sue? You should file your Small Claims case in the county where the person you are suing lives or works, or where the matter that you are suing about happened. You can call the county clerk to make sure you are filing correctly and in the right place.
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
If you don't file a response 30 days after you were served, the Plaintiff can file a form called Request for Default. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
You usually have three years to file a claim in small claims court. This time limit is called prescription. It's the amount of time you have to file a claim before your right to sue expires. The time limit begins when you learn about the elements supporting your claim.
A bank levy. Wage garnishment. A real estate lien.
If the defendant disputes your claim, they will send their defence to the court. They usually get 14 days to complete and return the defence but can ask to extend it to 28 days. If this happens, the court will let you know. There are various ways the defendant can dispute your claim.
You'll have to bring it within the statute of limitations period for your particular case. For example, the Indiana statute of limitations is ten years for written contract cases (two years for oral contracts) and two years for injury and personal property damage cases (six years for real estate).
Your response to the complaint should both preserve your rights and also comply with court rules. An incorrect response or a failure to respond to a complaint can have serious consequences, such as the waiver of your rights or a judgment against you.
