Indiana Small Claims Eviction Complaint is a legal document that is used to initiate the process of evicting a tenant from a rental property. This document is also known as a “Complaint for Eviction” and is filed in the county court where the rental property is located. The complaint is filed by a landlord against the tenant and alleges that the tenant has violated their lease agreement, usually by failing to pay rent or damaging the property. The complaint will also specify the amount of damages being sought by the landlord. There are two types of Indiana Small Claims Eviction Complaints: Summons and Complaint, and Complaint for Possession. The Summons and Complaint is used in cases where the tenant must appear in court to answer the complaint. The Complaint for Possession is used when the landlord is seeking possession of the property without a court hearing. Both types of Indiana Small Claims Eviction Complaints must be served on the tenant in accordance with Indiana law. Upon receiving the complaint, the tenant must respond within the time period specified in the complaint, otherwise, a default judgment may be entered against the tenant.
Indiana Small Claims Eviction Complaint - Valparaiso
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FILING FEES & COST INFORMATION CASE DESCRIPTIONFILING FEESOrder for ProtectionNo ChargeSmall Claim or Eviction (Paper Filing)$97.00Small Claim or Eviction (Electronic Filing)$87.00Trust$177.0018 more rows ?
Indiana eviction laws vary from county to county, but they still follow the same general eviction process: Send a clear written notice. Fill out the forms....The eviction process is as follows: Proceed to the justice court the rental property belongs to. File a complaint. Pay the fees.
This notice will inform the tenant of the landlord's intentions to end the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move within 30 days, then the landlord can file an eviction lawsuit against the tenant (see Ind. Code Ann. § 32-31-1-1).
(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
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
The court clerk will then direct the Sheriff to serve a Notice to Vacate on the tenant usually giving them 24 hours to Vacate. If the tenant is still there after the 24 hours, the sheriff will physically remove the tenant, and the landlord will have to remove the tenant's belongings.
Indiana eviction filing fees range from $86 to $158. A few days. After the eviction lawsuit is filed, it can take a few days for the court to issue the summons.
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.