Indiana Small Claims Counterclaim (PDF) is a legal document used in the state of Indiana to file a counterclaim in a small claims court case. This type of document is used when a defendant wishes to make a counterclaim against the plaintiff in response to the plaintiff’s lawsuit. The counterclaim must include details of the defendant’s damages, the amount of money they are seeking, and the legal basis for the defendant’s claim. There are three types of Indiana Small Claims Counterclaim (PDF) documents: Counterclaim for Money, Counterclaim for Goods, and Counterclaim for Other Relief. All of these documents must be filled out in accordance with Indiana law and must be filed with the court prior to the start of the trial.
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FAQ
? 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.
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.
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.
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.
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.
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.