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Indiana Small Claims Complaint (PDF)Opens a New Window.

Category:
Local County - Hamilton - Circuit-Superior Court - Small Claims - Superior Court No 6
State:
Indiana
Control #:
IN-HSC6-13
Format:
PDF
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Small Claims Complaint (PDF)Opens a New Window.
Indiana Small Claims Complaint (PDF)Opens a New Window. Is a legal document used to initiate a small claims court case in the state of Indiana. It is used when an individual or business entity wishes to sue another individual or business entity for a debt or damages that is not more than $6,000. The complaint should include the full name, address, and contact information of both parties, the amount of money being claimed, any other relevant information, and the signature of the plaintiff. There are two main types of Indiana Small Claims Complaint (PDF)Opens a New Window.: a Claim for Money Only and a Claim for Money and Property. The Claim for Money Only is used when the plaintiff is seeking monetary damages only, while the Claim for Money and Property is used when the plaintiff is seeking both monetary damages and property damages.

Indiana Small Claims Complaint (PDF)Opens a New Window. Is a legal document used to initiate a small claims court case in the state of Indiana. It is used when an individual or business entity wishes to sue another individual or business entity for a debt or damages that is not more than $6,000. The complaint should include the full name, address, and contact information of both parties, the amount of money being claimed, any other relevant information, and the signature of the plaintiff. There are two main types of Indiana Small Claims Complaint (PDF)Opens a New Window.: a Claim for Money Only and a Claim for Money and Property. The Claim for Money Only is used when the plaintiff is seeking monetary damages only, while the Claim for Money and Property is used when the plaintiff is seeking both monetary damages and property damages.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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More info

To start a small claims case, you must first fill out court forms. STEP TWO: First complete the "CLAIM AFFIDAVIT" (on the reverse side of this page).You must have the full name and address of each person you sue. Completed forms are to be submitted to the county where you are filing your case. You have now completed section 1 of the Complaint form (see sample at right). A collection of general small claims forms and instructions, supplemental forms, e-filing forms, and more. Make and keep copies of all completed forms and documents related to your case. Gov or at any clerk's office or court service center. They will provide the Notice of Small Claim and certain other basic forms, they will file these, and set a date for a trial. To file a small claims lawsuit, an Affidavit and Claim, Small Claims (DC84) (PDF) form must be completed.

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