Small Claims Court in Hamilton County

In Hamilton County, IN small claims cases are filed in the Township Court. HamiltonCounty has nine Township Courts that handle 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 Hamilton Court System.

Small Claims Court

Small Claims Court is meant to give people a way to resolve legal issues when the amount of money at stake is $10,000 or less. In Hamilton County, Small Claims cases are handled in Superior Courts 4, 6, and 7. The rules in Small Claims Court are more relaxed compared to other courts, so people can represent themselves without needing to hire a lawyer. The goal of the trial is to give you a chance to present all the facts to the judge, who will then apply the law to make a fair decision based on the evidence presented.

It's important for both the plaintiff and defendant to understand what will happen at trial and to be well-prepared. Please note, court employees cannot discuss your case with either side before or after the trial if the judge is still considering the decision.

Cases Handled

Examples of cases that can be heard in Small Claims Court include:

• Tenant/Landlord disputes
• Personal injury claims
• 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 cannot be used for cases related to the possession of real estate under a land contract or foreclosure actions. These types of cases must be filed in the appropriate Circuit or Superior Court.

Before You File Your Claim

Before you decide to file a claim in Small Claims Court, it's important to carefully consider a few key points. The Court is not able to locate the Defendant for you, prepare your case, or make the Defendant pay if they have no money or job. Take a moment to ask yourself the following questions:

1. Does the Defendant have the money to pay you?

2. Will the Defendant voluntarily pay you if you win?

3. Are you willing to spend more time and effort trying to collect the money if you win, including paying the filing fee?

If you answered "no" to any of these questions, you might want to think carefully about whether pursuing a claim is worth it. However, if you decide to move forward, you will need to address the following points before preparing your forms:

4. Does the Small Claims Court have jurisdiction (authority) to hear your case?

5. Is Hamilton County the correct venue (location) for filing your claim?

6. Is the statute of limitations (time limit) for your claim still in effect?

7. Who are the parties involved in the case?

If you answered "no" to questions 4, 6, or 7, then you may not be able to file your claim in Hamilton county. If you're unsure about the parties involved (question 7), you're not yet ready to file your case.

Please note that while the Clerk and Court staff can provide helpful information, they cannot give legal advice.

Jurisdiction of Small Claims Court

The Small Claims Court can hear cases involving claims of $10,000 or less. If your claim exceeds $10,000, you can reduce it to $10,000, but you cannot sue for the excess later.

The Court can also handle landlord/tenant disputes for rent and damages under $10,000. However, cases involving real estate installment contracts are typically not allowed, as the property value usually exceeds $10,000.

For the Court to have jurisdiction, you must serve the Defendant with the claim. Without proper service, the Court has no authority to hear your case.

Venue (Location) for Filing Your Claim

To file a Small Claims case, the proper county is one of the following:

1. Where the transaction or event occurred?
2. Where the debt or obligation was incurred?
3. Where the obligation was to be performed?
4. Where the Defendant currently lives?
5. Where the Defendant works at the time the case is filed?

Hamilton County is the proper venue if it meets one of these conditions. If multiple counties qualify, you can choose any of them to file your case.

Statute of Limitations (Time Limit)

Before filing your case, make sure the statute of limitations has not expired. You cannot file a case after the time limit has passed. The clock starts when the event occurs—either when a contract is breached or when an injury or damage happens. Here are the most common time limits:

• 2 years – personal injury; damage to personal property
• 4 years – contract for the sale of goods (written or oral)
• 6 years – accounts; oral contracts (other than sale of goods); rent and landlord-tenant disputes; damage to real estate; promissory notes; written contracts for money
• 10 years – written contracts (other than for money)

Parties to the Case

• Plaintiff (Claimant): The person or business filing the case and asking the Court for help in collecting a debt or seeking other relief. The Plaintiff must be the person or business to whom money is owed.
• Defendant: The person or business being sued and defending against the Plaintiff’s claim. If multiple people or businesses are responsible, they should all be named as Defendants in the case.

If you are suing a corporation, you must name the corporation as the Defendant and serve the registered agent or an officer of the corporation with the Notice of Claim. You can obtain the name of the registered agent or officers from the Indiana Secretary of State’s office or its website.

Note: Corporation officers or registered agents are generally not personally liable for the corporation’s debts, so do not name them as Defendants unless they are personally responsible.

Filing a Small Claim

To file a small claims case, you can visit the Clerk’s office at the Hamilton County Judicial Center (Suite 106) or e-file online. For e-filing, use the E-Filing Guide. Steps to file:

1. Complete a Notice of Claim form with the Defendant’s name, address, and phone number. Forms are available online or at the Clerk’s office.
2. For contract cases: Attach a copy of the contract or lease.
3. For unpaid accounts: Submit an Affidavit of Debt with supporting documents.
4. Pay the filing fee:
   • $87 for e-filing or $97 in person.
   • $10 for each additional Defendant.
   • $28 for Sheriff service.

After filing, the Clerk will give you the first hearing date. This may not be a trial unless it’s an eviction, and a later trial date will be set if needed.

Service Requirements

The Defendant must be served at least 10 days before the hearing. If service fails, the case cannot proceed, and you may need to request a continuance or dismiss the case.

Court Communication

All communication for the Judge must be in writing, with a copy sent to the other party.

Filing a Counterclaim

If you are the Defendant in a Small Claims case and believe you have a claim against the Plaintiff, you can file a counterclaim. To file a counterclaim:

1. Submit it to the Clerk in time for the Plaintiff to receive a copy at least 7 days before the trial. If the Plaintiff doesn't receive it on time, they may request a continuance or the Court may strike the counterclaim and require you to file it separately.
2. The counterclaim must be for $10,000 or less. If it exceeds that amount, you give up the excess by pursuing it in Small Claims Court, and you cannot sue for it later.

If a counterclaim is filed, the Court will hear both the Plaintiff's claim and the Defendant's counterclaim at the same trial.

Change of Address or Telephone Number

If you are a Plaintiff or Defendant in a Small Claims case, you must notify the Court promptly if your address or phone number changes. The Court will send all notices to your last known address. Failing to update your information may result in:

• Dismissal of your case if you are the Plaintiff, or
• A default judgment if you are the Defendant.

Continuance

The Court may grant each side one continuance (postponement) for good cause. Additional continuances may be granted at the Court's discretion.

To request a continuance, you must file the request at least 5 days before the scheduled hearing or trial.

Both parties should attend all hearings or trials unless Court staff informs you that the matter has been continued.

Jury Trial

By filing a case in Small Claims Court, the Plaintiff gives up the right to a jury trial. However, if the Defendant wants a jury trial, they can request it by submitting a written request to the Court within 10 days of being served with the Notice of Claim.

Once the request is granted, the Defendant must pay a $70 fee to the Clerk within 10 days. If the fee is not paid, the right to a jury trial will be lost.

If a jury trial is requested, the case will be moved from the Small Claims docket to the plenary docket, where formal legal rules of evidence and procedure apply.

Settlement

The Court encourages parties to settle their dispute before trial, as this may lead to the best outcome for everyone. If the Plaintiff and Defendant reach a settlement, they should:

1. Put the agreement in writing.
2. Sign the agreement.
3. File it with the Clerk.

Once filed, the Court will approve the settlement and enter it as the judgment in the case. The Court has judgment forms available to assist with this process.

Representation at Trial

In Small Claims Court, individuals can represent themselves without an attorney. While the process is designed to be user-friendly.

• Corporations, LLCs, and LLPs: If the claim is over $6,000, an attorney must represent the business. If the claim is $6,000 or less, a full-time employee (designated by the business) can represent the company, provided a resolution from the board of directors and an affidavit from the employee are filed with the Court.
• Sole Proprietors and Partnerships: The owner of a sole proprietorship or a partner in a partnership can represent the business without an attorney, regardless of the claim amount.

Preparing for Trial

You are responsible for preparing your claim or counterclaim before trial and bringing all evidence to support your case. Examples of useful evidence include:

• Contracts or lease agreements
• Photographs of damaged property
• Repair bills or estimates
• Medical bills, receipts, invoices

The Court cannot accept photographs, texts, or emails from electronic devices like smartphones or laptops unless you print them out or submit the device as evidence.

Important: The Judge knows nothing about your case and will base their decision only on the evidence presented at trial.

If you have witnesses who can testify, make sure they know the date, time, and location of the trial. If necessary, you can require them to appear using a subpoena. The Clerk can provide a blank subpoena form, which should be requested as early as possible.

You may also request information from the other side (such as documents or witnesses), but the Court must first approve these requests.

Trial

Arrive on time for your trial. If your case was rescheduled after a previous hearing, the new date is for your trial only. However, sometimes your case may be set as a "second-choice" case, meaning another case is scheduled ahead of yours. To avoid wasting a trip, it’s your responsibility to call the Court the day before to confirm your trial is still scheduled. You can also check the status online at www.mycase.in.gov.

Trial Process

1. Presentation of Evidence:
   • Plaintiff goes first, presenting their case with testimony and evidence (e.g., contracts, photographs, receipts).
   • After each witness testifies, the Defendant can cross-examine the witness.
2. Defendant’s Turn:
   • The Defendant then presents their case with testimony, witnesses, and evidence.
   • The Plaintiff may cross-examine the Defendant's witnesses.
3. Rebuttal Evidence:
   • The Plaintiff may present additional evidence in response to the Defendant’s case.
4. Final Arguments:
   • Both parties can make a closing argument to the Court.

Court Conduct

• The trial will be informal but orderly.
• Contempt of court can result from rude behavior, and perjury (lying under oath) can lead to criminal charges.

Judge's Decision

The Judge will base their decision solely on the evidence presented and the applicable law. The Judge has no prior knowledge of your case and will not consider any information outside the trial unless allowed by the Court.

Burden of Proof

If you're seeking money damages, you must prove your case by a preponderance of the evidence. This means your evidence must be more convincing than your opponent's. If the evidence is equally strong on both sides, you will lose your claim.

To win, you must prove two things:

1. Liability: You must show that the other party is responsible for the damages.
2. Damages: You must prove the actual amount of money you are owed. The Judge cannot guess or speculate about the amount.

In property damage cases, damages are usually the difference between the property's value before and after the incident. Repair estimates can help prove the amount, unless the repair cost exceeds the property's pre-incident value.

Judge’s Decision (Judgment)

After the trial, the Court may either:

• Immediately enter a judgment, or
• Take the case under advisement and mail a written judgment later.

The judgment will be recorded in the Court's official records.

If you win the case, the losing party will be ordered to pay the court costs (filing and service fees).

Interest on the judgment is set by law at 8% and begins to accrue from the date of the judgment. If partial payments are made, they will first cover the interest and then the principal amount of the judgment.

If Plaintiff Fails to Appear

• First Hearing: If the Plaintiff fails to appear, the Court may dismiss the claim without prejudice, meaning the Plaintiff can re-file the claim by paying another filing fee.
  • If the Defendant appears and has filed a counterclaim, the Court may enter a default judgment against the Plaintiff on the counterclaim.
• Second Failure to Appear: If the Plaintiff fails to appear a second time after re-filing the case, the Court will dismiss the claim with prejudice, meaning the Plaintiff cannot re-file the case.
• Subsequent Trial: If the Plaintiff appears for the first hearing but fails to appear for a subsequent trial, the Court may proceed with the Defendant’s evidence and enter a final judgment in the Defendant's favor.

If Defendant Fails to Appear

• First Hearing: If the Defendant fails to appear, the Plaintiff may request a default judgment against the Defendant for the amount claimed.
• To enter a default judgment, the Plaintiff (or Defendant on a counterclaim) must prove the following:
  1. There is a reasonable probability that the Defendant received the Notice of Claim.
  2. The Plaintiff has no information suggesting the Defendant has any disability (legal, physical, or mental) that would prevent them from attending and understanding the trial.
  3. The Plaintiff has no information suggesting the Defendant is on active military duty.
  4. The Plaintiff is entitled to the judgment requested.

The Plaintiff can prove these points through testimony or by filing an affidavit.

• Subsequent Trial: If the Defendant appears for the first hearing but fails to show up for a subsequent trial, the Court may proceed with the Plaintiff's evidence and enter a final judgment in the Plaintiff’s favor.

Vacating a Default Judgment

If a default judgment has been entered against the Defendant, the Defendant can file a written request to have the Court set aside the judgment. This request must be filed within one year from the date of the default judgment.

If the request is properly filed, the Court may schedule a hearing where the Defendant must show “good cause” for setting aside the judgment. If the Court agrees, the case will be scheduled for trial for both parties.

If the one-year period has passed, the Defendant can still attempt to challenge the judgment.

Appeal

If a party is not satisfied with the Court’s decision, they can appeal the judgment to the Indiana Court of Appeals.

To initiate an appeal, the party must take certain actions within 30 days of the Court’s judgment.

Collection of the Judgment

Once the Court enters a money judgment, it may order the Debtor (the party owing money) to pay in full or in installments. If the Debtor fails to comply with the Court’s order, the Court may modify the payment terms and issue additional orders as necessary.

The Creditor (the party to whom money is owed) is responsible for enforcing the judgment using legal remedies available. The success and timing of these enforcement actions depend on the Creditor's diligence and the Debtor’s ability to pay.

Proceedings Supplemental

If the Creditor has not been able to collect a judgment, they can file a Proceedings Supplemental against the Debtor. The Creditor can obtain the required forms from the Court's website or office. There is a $28 fee for sheriff service, but no fee for certified mail service.

After filing, the Court will order the Debtor to appear personally. If the Debtor is a business, a specific person must be named to appear on the business's behalf. If the Sheriff successfully serves the Debtor, the Creditor must attend the hearing to examine the Debtor under oath about their assets and income.

After the examination, the Court may order remedies such as wage garnishment. If the Debtor fails to appear, the Creditor can request a body attachment for arrest. The Court may first schedule a rule to show cause hearing and issue the attachment if the Debtor fails again.

If the Creditor cannot locate the Debtor for service, they may request a continuance to find the Debtor. Other collection methods, such as selling the Debtor's personal property, are available, but may require an attorney. If the Debtor claims no assets or income, the Creditor can re-file the Proceedings Supplemental and request another appearance at a later date.

After Collection of Judgment

Once the Creditor has collected the full amount of the judgment, they must file a Satisfaction of Judgment form, signed by the Creditor. These forms are available at the Court offices. This form notifies the Court that the debt has been fully paid, and the judgment has been satisfied.

Courthouses Location:

Hamilton County Small Claims

1 N 8th St # 106
Noblesville, IN 46060
(317) 776-9712
https://www.hamiltoncounty.in.gov/195/Small-Claims-Forms

BUILDING HOURS

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

CITIES SERVES

• Arcadia
• Atlanta
• Carmel
• Cicero
• Fishers
• Noblesville
• Sheridan
• Westfield

Let Squabble Help You With Your Small Claim at Hamilton 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 Hamilton 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.