This is a Notice of Counterclaim to be used in the Small Claims Court for the State of Indiana. In this document, the Defendant files a claim against the plaintiff for damages listed within the form.
Indiana Notice of Counterclaim
Category:
State:
Indiana
Control #:
IN-038-SC
Format:
Word;
Rich Text
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How to fill out Indiana Notice Of Counterclaim?
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FAQ
In Indiana, you do not need an attorney to file or defend a small claims case, but having legal assistance can be beneficial. An attorney can help you understand the process, especially if a notice of counterclaim is involved. Consider using resources like US Legal Forms to navigate your case effectively.
Do I need to serve my counterclaim? After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.
Ignoring the Civil Claim will not make it go away and it is likely that the Plaintiff will apply for Judgment against you.A Judgment may be reported to the credit bureau and affect your credit rating.
Legally, you can assert a counterclaim for your emotional distress, but it won't work, so don't bother. Your best revenge to the filing of a frivolous suit is to simply get it dismissed by the Court.
The Defendant could Counterclaim against the Claimant for injuries to the Defendant that the Defendant says the Claimant caused. A Defendant can also Counterclaim for money owed for a different matter. For example, let's suppose a Claimant sued Defendant for the return of a guitar worth $500.
When a plaintiff sues you for money or the return of property, you can defend yourself in civil court. You have another legal remedy if the plaintiff is actually at fault. You can counter sue. Countersuing involves suing the plaintiff while his or her case is still pending against you by filing a counterclaim.
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).
The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.
HOW TO COUNTERSUE. If you believe the party suing you owes you money, you can countersue. As the defendant you would file a Defendant's Claim (Form SC-120). You must have a copy of the Defendant's Claim served on the plaintiff(s) at least 5 days before the trial date.
Make Sure Your Case Is Appropriate for Small Claims Court. Every state limits the amount of money you can ask for in a small claims case. Get Your Documents in Order. Prepare Your Witnesses. Practice for Your Day in Court. Be on Your Best Behavior. Be Prepared to Go the Distance.