Indiana Small Claims Court – What You Need to Know

You’ve got an issue with your significant other. You know, the one whose phone you are paying for? Six months ago, you both decided to go your separate ways, but they never returned the phone. You’re still paying for it, and the phone company does not care that you’re not the one using it. So, what do you do? You want to get your phone back and the money you spent paying for it, but maybe you can’t afford an attorney to sue them for it. You’re telling your friend your troubles, and she recommends pursuing action through the small claims court.

In Indiana, there are 1.2 million court cases filed each year. Tens of thousands of those cases are in small claims courts. Small claims court can be a useful option because it is a less formal setting that allows people the opportunity to successfully represent themselves if they choose to. However, keep in mind that you are always able to consult with an attorney and be represented even if you file a case in small claims court. Small claims courts have limitations on the types of cases they can hear. So, there are a few questions you will need to answer prior to filing a case in small claims court.

The first question you should ask is, “what is my case about?” Small claims courts hear cases involving personal injuries, damage to real property (think land/buildings) or personal property, disputes between landlords and tenants, money that’s owed for services performed, wrongfully taken property, and the like. In other words, small claims courts hear cases that involve money issues, but only if those money issues are less than $10,000. If you’ve got a dispute that’s more than $10,000, you will need to file in a different court.

The next question is, “who are the parties?” The parties to the case are the “plaintiff” and the “defendant.” The plaintiff is the person suing. The defendant is the person being sued. There can be more than one plaintiff and more than one defendant involved in a dispute. If that’s the case, you want to make sure that everyone gets named.

The last question you should ask yourself, is “where should I file my case?” Think back to the example at the top of this post. Let’s say you and your significant other live in different counties. Does that matter for where you file your claim? Yes. A small claims court in a specific county can hear your case if one of the following is true:

• It is where the transaction or occurrence actually took place;
• It is where the obligation or debt was incurred;
• It is where the obligation is to be performed;
• It is where the person being sued (the “defendant”) resides;
• It is where the defendant has his or her place of employment at the time the claim or suit is filed.

After reviewing this list, you can determine what county you might file your small claims action. In our above example, you might sue in the county where your significant other lives or in the county where the at issue phone was purchased.

If you are looking for representation in your small claims action or have questions about whether smalls claims court is right for your case, contact one of our experienced attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.