Small Claims Court in Allen County

In Allen County, IN small claims cases are filed in the Superior Court. Allen County has one Superior Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Allen Court System.

Small Claims Court

Small Claims Court is designed to be accessible and straightforward, allowing anyone to file a lawsuit without needing to hire a lawyer. While you're free to have an attorney represent you if you wish, it's important to note that in most cases, you won't be able to recover your legal fees from the other party, even if you win—unless there's a specific agreement or law that says otherwise.

As the Plaintiff, you'll fill out a basic form explaining why the Defendant owes you money or why they should return your property. During the trial, both parties will have the chance to present their side of the story to the judge, who may ask questions to get a full understanding of the situation. The judge will then make a decision based on the facts, evidence, and the applicable law.

There are several situations where you might want to take your case to Small Claims Court. Here are a few examples:

1. Personal Injury: If you're seeking $10,000 or less in damages.
2. Property Damage: Whether it's personal property or real estate, the claim must be for $10,000 or less.
3. Landlord-Tenant Disputes: This applies if the amount of rent owed when you file is $10,000 or less.
4. Money Owed: This could be for bad checks, unpaid wages, services you've provided, or accounts receivable, as long as the amount is $10,000 or less.
5. Return of Property or Money: If someone has taken your property wrongfully, or if you want your money back for faulty work, the amount in question must be $10,000 or less.
6. Emergency Possessory Actions: These apply between a landlord and tenant under Indiana Code 32-31-6.

As of July 1, 2021, Indiana law limits Small Claims Court cases to those where the amount sought is $10,000 or less.

Cases Handled

Here are other examples of cases that you might bring to Small Claims Court:

• Tenant/Landlord Dispute
• Personal Injury
• Stolen Property
• Damaged Property
• Debt Collection
• Auto Repair Issues
• Poor Construction Work
• Product Defects
• Broken Contracts or Verbal Promises

However, it's important to note that Small Claims Court isn't suitable for every type of case. Specifically, you can't use it for disputes involving the possession of real estate under a land contract or for foreclosure actions. These types of cases need to be filed in the appropriate Circuit or Superior Court.

Where to file

When you're filing a small claims suit, it's important to choose the right location, known as the "venue." According to Small Claims Rules, you should file your claim in the county that fits one of the following criteria:

1. Where the event or transaction took place.
2. Where the debt or obligation was incurred.
3. Where the obligation is supposed to be fulfilled.
4. Where the Defendant lives.
5. Where the Defendant is employed at the time the claim is filed.

For the county where you file your suit to be appropriate, it must meet at least one of these conditions. If multiple counties qualify, you can choose to file your case in any of those counties.

Small Claim Case Parties

In a Small Claims Court case, the Plaintiff is the person or business that starts the legal action, asking the court for help to collect a debt or get some other type of relief from someone else. It’s important that the Plaintiff is the actual person or business owed the money or seeking a remedy. For example, if a property manager wants to sue a tenant, they can't do so on their own—the lawsuit must be filed by the landlord.

The Defendant is the person or business being sued, and they are responsible for defending against the Plaintiff's claims. If more than one person or entity is involved in the issue, all of them should be named as Defendants in the same lawsuit to ensure that the case addresses all relevant parties.

Updating Your Contact Information

If you change your mailing address, email, or phone number after becoming involved in a small claims case—whether you're the Plaintiff or the Defendant—it's important to promptly inform the court in writing. All notifications related to your case, including trial date changes, will be sent to your last known address. If the court can't reach you due to an outdated address, it could negatively impact your case.

Make sure to send a written notice of any changes in your contact information to the court. In some counties, you can receive notifications via email after the initial filing. If your email address changes or if you prefer to receive notices by U.S. mail, be sure to inform the court in writing.

Statutes Limitations

Before you file a lawsuit, it's crucial to ensure that you're within the time frame allowed by the statute of limitations. If the time limit has passed, you won't be able to bring your case to court. The clock starts ticking for a contract when it's breached (broken) and for personal injury or property damage when the injury or damage occurs. Below are some common statutes of limitations in Indiana, though this list isn't exhaustive:

1. Two-Year Limit:
   • Personal injury (injury to a person, not property)
   • Damage to personal property
2. Six-Year Limit:
   • Accounts
   • Contracts that aren't in writing (except for contracts for the sale of goods)
   • Rents and use of real estate (landlord-tenant disputes)
   • Damage to real estate
   • Recovery of personal property
   • Promissory notes and contracts for payment of money

Filing a Small Claim

If you're planning to file a lawsuit against someone, here’s a simple breakdown of the steps you need to follow:

1. Filling Out the Notice of Claim Form:
   • You need to fill out several copies of a Notice of Claim form, briefly and clearly stating the nature and amount of your claim against the Defendant. You'll have a chance to explain more in court. These forms are available for free at the clerk’s office.
2. Including Relevant Documents:
   • If your lawsuit is based on a written contract, you must provide the court with one copy of the contract for the records and another for each Defendant.
   • If you're suing over an account (like unpaid bills), you’ll need to file an Affidavit of Debt with your Notice of Claim. You can find the current form here.
3. Providing Accurate Information:
   • Make sure to give the clerk the correct name, address, and telephone number of the Defendant. It’s crucial that you name the right person or entity in your lawsuit. For example, if you’re suing after a car accident, you should sue the driver, not their insurance company.
4. Paying the Filing Costs:
   • You’ll need to pay the cost of filing the lawsuit, whether you choose to have the Notice of Claim delivered by certified mail or by the sheriff. If you win, the court will order the Defendant to repay these costs. However, if you lose, you won’t get this money back.
5. Waiving Claims Over $10,000:
   • By filing in Small Claims Court, you’re waiving any part of your claim that exceeds $10,000. You can’t file a separate lawsuit later to recover the remainder.
6. Getting Legal Help:
   • If you have questions about the process, the court clerk can assist you with procedural matters. However, if you need legal advice, you should consult an attorney. Neither the judge nor the clerk can provide legal advice.
7. Trial Notification:
   • After filing your lawsuit, you’ll receive notice of the trial or hearing date. Check with the court staff to see if you need to bring all your witnesses and evidence on this date. In some courts, the first date is just to see if the Defendant disputes your claim. If the Defendant doesn’t show up or you reach an agreement, there may be no need for a trial. But if the Defendant disputes your claim, the judge may schedule the trial for a later date.
8. Serving the Defendant:
   • The Notice of Claim must be served on the Defendant at least 10 days before the court date. If the clerk or sheriff can’t locate the Defendant within this time, you may either dismiss the suit or request a postponement to allow more time for notification. If you request a continuance, you’ll need to fill out an “Alias Notice of Claim” with any attached exhibits and may need to provide a more current address for the Defendant.
9. Withdrawing or Dismissing Your Claim:
   • You can withdraw or dismiss your claim before the trial, but filing and service fees won’t be refunded.
10. Requesting Information (Discovery):
    • If the Defendant has information you need to support your claim, you can ask the court to order the Defendant to disclose it. The Defendant can also request information from you to prepare their defense. The court will grant these requests only if there’s a good reason, and it will notify the other party. This process is known as “discovery” and is limited to information necessary for the case.

Attorneys

Under Small Claims Rule 8, you have the option to represent yourself at trial, which can save you the expense of hiring an attorney. However, if you prefer, you can hire an attorney to represent you or to appear with you at the trial. It's important to note that even if you have power of attorney for someone else, you cannot represent them in court—they must either represent themselves or hire an attorney.

Corporations

Typically, in the U.S., corporations, LLCs (Limited Liability Companies), LLPs (Limited Liability Partnerships), and trusts must be represented by a lawyer in court. This rule helps prevent the unauthorized practice of law and ensures that legal matters are handled with the necessary expertise. Since these entities operate through agents who may lack legal knowledge, having a lawyer helps ensure the smooth handling of evidence and legal procedures.

However, the Indiana Supreme Court has made an exception for Small Claims Court cases where the amount in dispute is $6,000 or less. This exception acknowledges the financial burden of hiring a lawyer for small claims.

Under Small Claims Rule 8, corporations can have a non-attorney employee represent them in these cases if:

1. The claim or counterclaim is $6,000 or less.
2. The claim is not an assignment (e.g., not a debt assigned to a collection agency).
3. There is a corporate resolution and an affidavit from the employee or trustee stating that the representative is authorized to act on behalf of the corporation and is not disbarred or suspended from practicing law in Indiana or elsewhere. Many small claims courts provide specific forms for this purpose.

Sole Proprietors and Partnerships

For unincorporated businesses like sole proprietorships and partnerships, the general rule is that the business must be represented by the owner or an attorney. However, Small Claims Rule 8 allows for a limited exception under certain conditions:

1. Claim Amount: The claim must be $6,000 or less.
2. Not an Assignment: The claim cannot be an assignment (e.g., not a debt assigned to a collection agency).
3. Authorization: The business must file an employee or trustee affidavit and certificate of compliance. This document designates a full-time employee or trustee to represent the business and confirms that the representative is not disbarred or suspended from practicing law in any jurisdiction. Many small claims courts provide forms for this purpose.

Important Notes:

1. Authorization Required: An employee who is not authorized by resolution cannot represent the business unless the claim is below the $6,000 limit. For claims of this amount, the employee must be authorized by the resolution.
2. Representation Limitations:
   • For claims less than the $6,000 limit, a sole proprietorship or partnership may use an employee to represent the business if authorized by the certificate of compliance.
   • For claims above the $6,000 limit, an employee who is not an owner cannot represent the business. The business must be represented by the owner or an attorney.
3. Power of Attorney: A person with only a power of attorney cannot represent another person or entity in court. A power of attorney does not qualify someone to act as a lawyer.
4. Assigned Claims: Claims involving collection agencies must be represented by an attorney, regardless of the claim amount.
5. Potential Sanctions: If the business or its representative fails to comply with Small Claims rules or local court rules, they may face sanctions. These can include costs or attorney’s fees, default judgments, dismissal of the claim, fines, or other penalties.

Counterclaims

If you're a Defendant in Small Claims Court and believe you have a claim against the Plaintiff, you can file a counterclaim. Here’s how:

1. Timing: File your counterclaim with the court so that the Plaintiff receives it at least seven days before the trial. If the Plaintiff does not get it in time, they may request a postponement to prepare for your counterclaim.
2. Dollar Limit: The court can only handle counterclaims up to the Small Claims limit. If your counterclaim exceeds this amount, you may need to drop the excess amount or request to transfer the case to a different court where you might need a lawyer.
3. Hearing: The court will hear both the Plaintiff's original claim and your counterclaim during the same trial.
4. Third-Party Claims: If you believe another person is responsible for part of the Plaintiff’s claim, you can file a third-party notice of claim against that person. Fill out the form from the clerk, naming the third-party and explaining their responsibility.

Jury Trials

In Small Claims Court, when the Plaintiff files a claim, they waive their right to a jury trial. If the Defendant wants a jury trial, they must:

1. Request Timing: File a request within ten days of receiving the Notice of Claim.
2. Affidavit and Fee: Submit an affidavit detailing the factual questions requiring a jury and pay a $70 fee. The affidavit must state the request is made in good faith.
3. Payment Deadline: Pay the jury trial fee within ten days of the request being granted. Failure to do so waives the request.
4. Request Withdrawal: Once granted, a jury trial request cannot be withdrawn without the other party’s consent.

If a jury trial is granted, the case will move from Small Claims Court to the court’s plenary docket, which involves more formal procedures and rules. Both parties should consider getting legal advice due to the increased complexity.

Settlements

If the Plaintiff and Defendant agree on a settlement before the trial, they should:

1. Document the Agreement: Write down the settlement terms, sign the agreement, and file it with the court clerk.
2. Court Approval: The judge will review and approve the settlement, then enter it as the case’s judgment.

Additional Notes:

• Exemptions: Be aware of state and federal laws protecting certain income and property from judgment collection, as these can impact settlement terms.
• Personal Property: The court typically does not accept personal property as part of a settlement or judgment unless specifically approved by the judge. Avoid asking the court to handle personal property in this context.

Continuances (Postponements)

Continuances are granted only for good cause, and typically only one per case. To request a continuance:

1. Approval Needed: Each request must be specifically approved by the judge.
2. Notice: All parties will be notified of the new trial date and time.
3. Attendance: Parties should attend all hearings or trials unless instructed otherwise by the judge’s staff.

Change of Judge

To request a change of judge:

1. Timing: File your written request with the court within ten days of receiving the notice of claim.
2. Strict Deadline: Adhere to this strict time limit to ensure your request is considered.

Trial / Hearing

Arrive on Time: Be punctual for your scheduled trial or hearing. If both parties show up, the trial will proceed in an informal but orderly manner.

1. Plaintiff's Case: The Plaintiff presents their case first, which includes:
   • Testifying themselves and calling witnesses.
   • Presenting physical evidence (like receipts or leases).
   • The Defendant may cross-examine witnesses.
2. Defendant's Case: After the Plaintiff finishes:
   • The Defendant can testify, call witnesses, and present evidence.
   • The Plaintiff may cross-examine the Defendant’s witnesses.
3. Final Statements: After all evidence and testimonies, each party may make a final statement to summarize their case, if allowed by the judge.
4. Judge's Role:
   • The judge may ask questions at any time and may inspect relevant locations or scenes.
   • Decisions are based on the facts presented and the applicable law.

Important Notes:

• Trials are informal but both parties and witnesses must adhere to court rules and avoid contempt or perjury.
• The judge will base their decision solely on the evidence and information provided during the trial.

Proof

1. Preponderance of the Evidence: As the Plaintiff (or Defendant with a counterclaim), you must prove your case by showing that your evidence is more convincing than the other party's. If both parties' evidence is equal, you won't win.
2. Proving Your Case: You need to establish two key points:
   • Liability: Show that the other party is responsible for damages. Examples include unpaid rent, property damage from an accident, or goods received without payment.
   • Damages: Demonstrate the actual amount of damages you're claiming. This means providing evidence of how much you are entitled to recover.
3. Preparing Your Case: You must prove both liability and the amount of damages. The judge can't speculate or guess the damages. If you can't provide evidence of the dollar amount, you won’t win.
4. Evidence for Damages: Typically, damages are calculated as the difference between the property's value before and after the incident. A repair estimate can also be used to establish the amount of damages in small claims cases.

Witnesses and Exhibits for Trial

1. Witnesses: Try to have all your witnesses attend the trial. If a witness is unwilling to appear voluntarily, you can request a subpoena from the clerk to compel their attendance. Request subpoenas as early as possible.
2. Exhibits: Bring all relevant documents or exhibits to the trial. These will be identified by the court reporter and become part of the court record. Originals will not be returned, so bring photocopies if you need to keep the originals. If the judge accepts the photocopies as genuine and the other party does not object, the copies can be used in place of the originals in the court record.
3. Responsibility: It's your responsibility to ensure that witnesses appear and exhibits are present at the trial.

Plaintiff Fails to Appear at Trial

1. First Failure to Appear:
   • If the Plaintiff fails to appear at the scheduled trial time, the court may dismiss the claim without prejudice. This means the Plaintiff can refile the claim by paying another filing fee.
2. Second Failure to Appear:
   • If the Plaintiff fails to appear again, the court may dismiss the claim with prejudice, preventing the Plaintiff from pursuing the case further.
3. Default Judgment:
   • If the Plaintiff fails to appear and the Defendant has filed a counterclaim, the court may issue a Default Judgment against the Plaintiff based on the counterclaim.
4. Check Local Rules:
   • Always verify local court rules for specific procedures and consequences related to failing to appear at trial.

Judgment

• Decision Timing:
  • The Judge may announce the decision at the end of the trial or take time to deliberate and decide later.
• Notice of Judgment:
  • Notice of the judgment, including Default Judgment, will be sent to the parties or their attorneys if they are represented.
• Judgment Entry:
  • The judgment will be recorded in the court's official record.
• Interest:
  • Interest may accrue on the judgment from the date it is issued.
• Release of Judgment:
  • Once the judgment is fully paid, you must file a Release of Judgment with the clerk to officially acknowledge the payment.

Default Judgment

If the Defendant fails to appear at the scheduled time or any rescheduled date, the Plaintiff can request a Default Judgment for the amount stated in the original claim.

Requirements for Default Judgment:

1. Service of Notice:
   • Proof that the Defendant was properly served with notice of the claim.
2. Defendant’s Ability:
   • Confirmation that the Defendant has no legal, physical, or mental disabilities preventing them from attending or understanding the proceedings.
3. Valid Claim:
   • Evidence that the Plaintiff has a valid claim and is entitled to recover from the Defendant.
4. Military Status:
   • Plaintiff must check if the Defendant is an active military member and provide this information to the Court. Check military status here: SCRA.

• Procedure:
  • The Plaintiff may need to sign affidavits or, in some cases, testify in court to meet these requirements.

Default Judgment

To request that a Default Judgment be vacated (set aside), follow these steps:

1. File a Request:
   • Submit a written request to the court within one (1) year of the date the Default Judgment was entered.
2. Show Good Cause:
   • You must demonstrate “good cause” for why the Default Judgment should be overturned. This typically requires showing valid reasons why you missed the trial or failed to respond.
3. Hearing:
   • If the request is properly filed, the court will schedule a hearing where both parties can present their cases.
4. New Trial:
   • If the judgment is vacated, the case will be rescheduled for a new trial based on the original claims.

After One Year:

• If more than one year has passed, you can attempt to reverse the judgment by filing under Trial Rule 60(B) of the Indiana Rules of Trial Procedure. This process is complex and often requires legal assistance.

Appeal

To appeal a Small Claims Court decision to the Indiana Court of Appeals:

1. Timing:
   • File the appeal within thirty (30) days of the Small Claims Court judgment.
2. Consult Legal Counsel:
   • Appeals involve complex rules and procedures. Seek legal advice promptly after the judgment to ensure compliance with all requirements.

Collection After Judgment

1. Recording the Judgment:
   • The judgment is recorded in the county's judgment docket, creating a lien on the debtor’s real property in that county.
   • For a lien in other counties, obtain a certified copy of the judgment and record it there.
   • The lien lasts for ten years but can be extended by bringing an action on the judgment before the ten-year period ends.
   • The judgment itself can be enforced for up to twenty years. After twenty years, it is considered satisfied unless rebutted.
2. Collecting the Judgment:
   • Collection is your responsibility and depends on the debtor’s ability to pay and your diligence.
   • Payments may be ordered in full or by installments, potentially through the clerk’s office.
3. Legal Methods for Collection:
   • Proceedings Supplemental: File this to compel the debtor to appear and disclose their ability to pay.
   • Interrogatories: If you know the debtor’s employer, use this to determine if wages can be garnished.
   • Court Hearing: The judge may:
     • Order payment in full or installments.
     • Require updated information on employment and address.
     • Schedule additional hearings if needed.
     • Order garnishment of wages or execution against personal property.
4. Non-Appearance of Debtor:
   • If the debtor doesn’t attend the hearing, the court may set a show cause hearing for contempt.
   • If the debtor is not found, request a continuance to locate and serve them with notice.

Garnishment and Other Collection Methods

1. Garnishment:
   • Only one garnishment can be applied at a time.
   • Garnishments are processed in the order they are received by the employer.
   • If the debtor changes jobs, a new garnishment order must be requested.
2. Execution Against Personal Property:
   • Personal property can be seized and sold to satisfy the judgment.
   • This process is regulated and subject to exemptions. Consult an attorney for guidance.
3. If the Debtor Dies:
   • File a claim against the deceased debtor’s estate to collect the judgment.
4. If the Debtor Files Bankruptcy:
   • Collection proceedings must stop if the debtor files for bankruptcy and the judgment is listed in the bankruptcy petition.
   • You will need to address the claim in Bankruptcy Court.

Let Squabble Help You With Your Small Claim at Allen County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Allen County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouses Location:

1. Allen Superior Court - Civil Division

   715 Calhoun St # 208
   Fort Wayne, IN 46802
   (260) 449-7675
   https://allensuperiorcourt.us/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

2. Allen County Clerk’s Office

   715 South Calhoun Street, Room 100
   Fort Wayne, IN 46802
   (260) 449-7245
   https://allencountyclerk.in.gov/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

3. Allen County Courthouse

   715 South Calhoun Street
   Fort Wayne, IN 46802
   (260) 449-4246
   https://www.allencountycourthouse.org/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.