An Indiana Small Claims Complaint (PDF)Opens a New Window. Is a legal document used to initiate a civil lawsuit in the state of Indiana. It is used to pursue a claim of money or other property damages up to a certain limit. The complaint is initiated by the plaintiff, the person who believes they have been wronged by another person or business. After the complaint is filed, the defendant is served with notice of the lawsuit and has an opportunity to respond. There are two types of Indiana Small Claims Complaints: Form 1 and Form 2. Form 1 is used when the plaintiff is seeking money damages up to $6,000. Form 2 is used when the plaintiff is seeking damages of more than $6,000, but no more than $10,000. Both forms require the plaintiff to provide detailed information about the dispute, including the names of the parties involved, the facts of the case, and the amount of money being sought.
Indiana Small Claims Complaint (PDF)Opens a New Window.
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In Indiana, a small claims judgment is valid for ten years from the date it is entered. This means that the winning party has ten years to collect the awarded amount. If necessary, the judgment can be renewed for an additional ten years. To ensure you have the proper documentation, utilize the Indiana Small Claims Complaint (PDF)Opens a New Window. available on USLegalForms.
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.
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.
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.
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.
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.
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.
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.
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.