Indiana Alias Small Claims Complaint (PDF) is a form used by individuals or businesses to initiate a small claims action in an Indiana court. It is used to start a lawsuit for money damages only and not for the recovery of specific personal property or to seek an injunction. The form is used to sue someone for debts, damages, or other monetary claims up to a maximum of $6,000. It includes fields for the plaintiff, defendant, and claim amount. There are two types of Indiana Alias Small Claims Complaint (PDF): Complaint and Counterclaim. The Complaint is used by the plaintiff to initiate the lawsuit, while the Counterclaim is used by the defendant to file a counterclaim against the plaintiff.
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FAQ
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.
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.
If the judgment is not paid as ordered the court may modify its payment order as it deems necessary. The judgment creditor may seek enforcement of his judgment by any other method provided by law.
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.
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.
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.
? 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.
It's Indiana Code 35-44.1-2-9 that essentially states if a defendant intentionally fails to appear for court, it can be a Class A misdemeanor. People are rarely charged under the statute but it goes to show how important knowing when your court date is and going to court at the right time is.