An Indiana Affidavit of Debt (PDF) is a legal form used by creditors in Indiana to collect money owed to them. It is a sworn written statement that a creditor has a valid debt or claim against the debtor. It must include the name of the creditor, the name of the debtor, the amount of the debt, a description of the goods or services provided to the debtor, and a signature from a witness or notary. There are three types of Indiana Affidavit of Debt (PDF): Small Claims, Contract, and Promissory Note. The Small Claims form is used for debts of up to $6,000 and is filed in the county court where the debtor resides. The Contract form is used for debts of more than $6,000 and can be filed in any county court. The Promissory Note form is used for debts that are secured by a promissory note and can be filed in any county court.
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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.
? Small Claims Court Hearings: If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.
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.
Example: I, Jane Smith, swear that the information in my sworn statement is truthful to the best of my knowledge and understanding. Your statement of truth must be in the first person and you need to identify yourself in it. Keep it short and sweet.
(6) Any party represented by a designated employee or trustee who fails to comply with these rules or local rules of court may be ordered by the court to appear by counsel and subject to sanctions, including the assessment of costs or reasonable attorney's fees, the entry of a default judgment, and the dismissal of a
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.
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.
A judgment is good for twenty years in Indiana.