The Indiana Affidavit for Default (Eviction) (PDF)Opens a New Window. Is a legal document that is filed by a landlord in the state of Indiana when attempting to evict a tenant from a rental property. This document is used to demonstrate to the court that the tenant has failed to fulfill their lease obligations, such as paying rent, and the landlord now wishes to have the tenant removed from the rental property. The affidavit outlines the reasons for the eviction and must be signed by the landlord. There are two types of Indiana Affidavit for Default (Eviction) (PDF)Opens a New Window.: the Residential Affidavit for Default (Eviction) and the Commercial Affidavit for Default (Eviction). The Residential Affidavit for Default (Eviction) is used when evicting a tenant from a residential rental property and the Commercial Affidavit for Default (Eviction) is used for evicting a tenant from a commercial rental property.
Indiana Affidavit for Default (Eviction) (PDF)Opens a New Window.
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FAQ
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.
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.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.
(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
? 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.