Indiana Small Claims Counterclaim (PDF) is a legal document that provides a defendant in a small claims court case in Indiana with a way to respond to a plaintiff's claim. It allows the defendant to present a counterclaim, which is an allegation that the plaintiff is actually the one who owes the defendant money or property. The counterclaim must specify the amount of money or property that the defendant believes they are owed by the plaintiff. There are three types of Indiana Small Claims Counterclaim documents: (1) general counterclaim, (2) counterclaim to set-off, and (3) counterclaim to claim a lien. A general counterclaim is used when the defendant believes they are owed money or property by the plaintiff, and a counterclaim to set-off is used when the defendant believes they owe the plaintiff money or property, but the two amounts cancel each other out. A counterclaim to claim a lien is used by the defendant when the defendant believes they are owed money or property by the plaintiff, but the money or property is held by a third party.
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FAQ
Generally, a NIED Claim stems from a plaintiff being involved in a particularly gruesome or distressing event caused by the negligence of another party. In Indiana, a plaintiff must be directly impacted by the event and suffer severe emotional trauma from the impact.
If you don't show up and don't ask for a continuance, the judge will dismiss your case. If the person you are suing does not show up after being notified of the suit, then you can ask the judge to enter judgment in your favor, by default.
The loser of a small claims case may appeal the decision by filing an appeal with the Indiana Court of Appeals within 30 days of the decision. You should consult an attorney for an appeal, because appeals are time- consuming and complicated.
TIMELINE TO FILE: Indiana's statute of limitations for small claims filings is ten (10) years if you have a written contract, six (6) years if there is an oral contract, two (2) years for a personal injury claim, and two (2) years if property damage is alleged.
Enjuris tip: Although Indiana doesn't cap damages for pain and suffering specifically, it does cap claims against the state at $700,000, and medical malpractice claims at $1.8 million.
Where to file your case. If you want to file a lawsuit and your damages are less than $8,000, you may file a case in small claims court.
When people are injured by others, they are permitted to seek what the law refers to as ?damages,? in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser.
Indiana lawsuits seeking damages for emotional distress typically can only be pursued by a person who suffers a direct physical injury, suffers an injury that also injures or kills a third-party, or witnesses a relative's death or severe injury immediately after it occurs.