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Indiana Small Claims Court

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Statues: Indiana Statutes Annotated, Title 33, Article 4, Ch. 3 Sections 5-13 (Circuit Court), Title 33, Article 5, Ch. 2, Section 2- 10 (Superior Court), Title 33, Article 10.5, Ch. 7, Sections 1-10 (County Court), Title 33, Article 11.6, Ch. 4, 5, 7 (Marion County Small Claims Court), Title 32, Article 7, Ch. 9, Section 2 Where To Sue: Where defendant resides or injury occurred. Contracts Where obligation incurred or performance expected.

Service: Personal service first; if unable, then registered or certified mail; if that fails, sheriff or peace officer.

Attorneys: Allowed.

Transfer: If defendant requests jury trial, case tried under regular civil procedure of appropriate court.

Appeals: By either side for review of law, not facts; to Court of Appeals within 60 days.

Special Provisions: No equitable relief. Defendant may request jury trial within ten days following service of complaint if she or he can show questions of fact requiring a jury determination. Marion County Small Claims Court: no jury trials; case will be transferred to Superior Court if defendant request jury trial at least 3 days before trial date. Defendant must file written answer within time set by court or lose by default. Court may order installment payments.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 6 2008

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