Small Claims Court in Lake County

In Lake County, IN small claims cases are filed in the Civil Division Court. Lake 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 Lake Court System.

Small Claims Court

Small Claims Court is designed to make it easy for anyone to bring a lawsuit without needing a lawyer. You can hire one if you’d like, but most of the time, you won’t be able to make the other party pay for your attorney’s fees unless there’s a written agreement or a specific law that allows it.

The Lake County court exists to provide a quick and straightforward way to resolve your claim. While the court staff and clerks can assist you with procedures, they aren’t allowed to give legal advice.

The process is simple:

• As the Plaintiff, you’ll fill out a form explaining why the Defendant owes you money or has property that should be returned to you.
• During the trial, both sides will have a chance to tell their story to the judge.
• The judge may ask questions to clarify the facts, then decide based on the evidence and the law.

The Small Claims Court can handle many types of disputes. Here are some common examples:

1. Personal injury claims– Up to $10,000.
2. Property damage – Includes damage to personal property or real estate, up to $10,000.
3. Landlord-tenant disputes – If the rent owed when you file is $10,000 or less.
4. Money owed – Covers unpaid checks, wages, services, or accounts receivable, up to $10,000.
5. Return of wrongfully taken property – Or getting money back for faulty work, up to $10,000.
6. Emergency landlord-tenant actions – Such as possession disputes under Indiana Code 32-31-6.

As of July 1, 2021, Indiana law limits small claims cases to amounts of $10,000 or less. Important Notes:

• If you hire an attorney, you usually won’t be reimbursed for attorney’s fees unless there’s a written agreement or the case involves a bad check.
• Interest rates you can request in a judgment are limited.
• You cannot use Small Claims Court to take possession of real estate in land contract cases or to file a foreclosure. These cases must go to Circuit or Superior Court.

Where to file

When filing a small claims suit, the rules specify that you must file in the correct county, known as the proper venue. This is determined by one of the following:

1. Where the event or transaction happened – For example, where an agreement was made or an issue occurred.
2. Where the obligation or debt was created – Such as where services were performed or a contract was signed.
3. Where the obligation is to be carried out – For example, where payment or delivery is supposed to happen.
4. Where the Defendant lives – Their home address at the time of filing.
5. Where the Defendant works – Their place of employment at the time the case is filed.

The county must meet at least one of these requirements to be the proper place to file your claim. If multiple counties qualify, you can choose any of them to file your suit.

Small Claim Case Parties

In a small claims case:

• The Plaintiff is the person or business filing the lawsuit. They are asking the court to help them recover money owed or provide some other form of relief.
  • The Plaintiff must be the one directly owed the money or entitled to the relief. For instance, if a tenant owes rent, the landlord—not the landlord’s employee, like an apartment manager—must file the lawsuit.
• The Defendant is the person or business being sued. They are responsible for defending against the Plaintiff’s claim.
  • If more than one person or business is responsible for the issue, all of them should be named as Defendants in the same lawsuit. This ensures that everyone who might owe you money or is involved in the case is addressed at once.

Updating Your Contact Information

If you're involved in a small claims case—whether as the Plaintiff or Defendant—it’s important to keep the court updated with your current mailing address and phone number. Here’s why:

• The court sends all notices, including trial dates or changes, to your last known address. If they can’t reach you, it could harm your case.
• To avoid issues, you must notify the court in writing about any changes to your contact information.

Some counties allow notices to be sent by email after the initial filing. If your email address changes or you prefer to receive notices by mail instead, make sure to inform the court in writing. Staying reachable is key to protecting your interests in the case.

Statutes Limitations

Before filing a lawsuit, you need to ensure that it’s within the statute of limitations — the legal time limit for bringing a case. If the time limit has passed, you won’t be able to sue. The clock starts ticking:

• For contracts, when the contract is breached.
• For personal injury or property damage, when the injury or damage occurs.

Here’s a quick overview of common time limits in Indiana (not a complete list):

Two-Year Limit

1. Personal injury – For example, injuries from accidents.
2. Damage to personal property – Such as car accidents or other property loss.

Six-Year Limit

1. Accounts – Debts or unpaid balances.
2. Unwritten contracts – Like verbal agreements (except contracts for selling goods).
3. Landlord-tenant disputes – Rents or issues with using real estate.
4. Damage to real estate – Harm caused to property or land.
5. Recovery of personal property – Getting back items wrongfully taken.
6. Promissory notes or money contracts – Agreements to pay money.

Always double-check the applicable statute of limitations for your specific case, as these rules can vary. Missing the deadline could prevent you from pursuing your claim.

Filing a Small Claim

Filing Your Lawsuit

1. Complete the Notice of Claim:
   • Briefly state your claim and the amount. Forms are free at the clerk’s office.
2. Attach Supporting Documents:
   • Provide copies of contracts or an Affidavit of Debt (for claims based on accounts).
3. Provide Accurate Defendant Information:
   • Include the Defendant’s name, address, and phone number.
4. Pay Filing Fees:
   • These cover serving the Notice of Claim and aren’t refundable if you lose.
5. Know the Limits:
   • Claims are capped at $10,000 in Small Claims Court.

What to Expect After Filing

• You’ll receive a court date. Check if evidence and witnesses are needed.
• If the Defendant doesn’t appear or disputes the claim, the case may be resolved or postponed for trial.

Serving the Defendant

• Notice must be served at least 10 days before the court date. If unsuccessful, you can request a continuance or dismiss the case.

Withdrawing or Discovery

• You can withdraw your claim, but filing fees won’t be refunded.
• You or the Defendant can request the court’s help in obtaining necessary information through discovery.

Fees

The filing fees for small claims cases in Lake County, Indiana, are as follows:

• Small Claims Cases:
  • $97 for non-Sheriff service
  • $125 for Sheriff service
• Eviction Cases:
  • $125 for Sheriff service
  • $10 for each additional defendant (up to 5 defendants)

These fees apply when filing cases such as disputes over unpaid debts, property damage, or landlord-tenant matters. For specific forms and detailed instructions, it is advisable to contact the Lake County Clerk's office directly at (219) 755-3030 or visit their official website for further information​.

Attorneys

Under Small Claims Rule 8, you have the right to represent yourself at trial, which helps you avoid attorney fees. However, if you prefer, you can hire an attorney to represent you or assist you during the trial.

It’s important to note that if you have power of attorney for someone else, this does not allow you to represent them in court. They must represent themselves or hire an attorney.

Corporations

In most cases, corporations, LLCs, LLPs, and trusts must hire an attorney to represent them in court. This rule ensures proper legal expertise and avoids unlicensed practice of law. However, Indiana Small Claims Rule 8 allows a limited exception for claims of $6,000 or less in Small Claims Court to account for the cost of hiring an attorney for smaller cases.

When a Non-Attorney Can Represent a Business or Trust:

A non-attorney employee or trustee can represent the entity if:

1. The amount in dispute (claim or counterclaim) is $6,000 or less.
2. The claim is not assigned (e.g., not transferred to a collection agency).
3. A corporate resolution and an affidavit are filed that:
   • Authorize the employee or trustee to represent the entity.
   • Confirm the representative is a full-time employee or trustee.
   • Certify the representative is not disbarred or suspended from practicing law in any jurisdiction.

Sole Proprietors and Partnerships

In general, an unincorporated business (like a sole proprietorship or partnership) must be represented by the business owner or an attorney. However, Small Claims Rule 8 provides a limited exception for claims of $6,000 or less under specific conditions.

When a Non-Attorney Employee Can Represent a Business:

A full-time employee or trustee (who is not an attorney) can represent the business in Small Claims Court if:

1. The claim is $6,000 or less.
2. The claim is not assigned to a collection agency.
3. The business files a certificate of compliance and affidavit, designating the employee or trustee to represent the business. These documents must confirm that the representative is not disbarred or suspended from practicing law.

Important Notes:

1. An employee must be authorized by resolution to represent the business.
2. If the claim is above $6,000, an attorney must represent the business.
3. Power of attorney does not allow someone to represent another entity in court, as it does not grant legal representation powers.
4. If the business has an assigned claim (e.g., a collection agency is involved), an attorney must represent the business, regardless of the claim amount.

Sanctions for Non-Compliance:

• If the business or its representative fails to follow Small Claims rules, they may face sanctions, including:
  • Costs or attorney’s fees.
  • Default judgment or dismissal of the claim.
  • Fines or even incarceration in serious cases.

Counterclaims

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

1. File the Counterclaim: It must be filed with the court and served to the Plaintiff at least 7 days before trial.
2. Claim Limit: The court can only hear counterclaims within the Small Claims limit. If your counterclaim exceeds the limit, you can either give up the excess amount or request a transfer to a different court where Small Claims rules don't apply.
3. Third-Party Claims: If you believe someone else (not currently involved in the case) is responsible for part of the Plaintiff’s claim, you can file a third-party notice to bring that person into the lawsuit.

Both the Plaintiff's claim and your counterclaim will be heard in the same trial. If your counterclaim exceeds Small Claims limits, you may need to hire an attorney and possibly move the case to a different court.

Jury Trials

In Small Claims Court, when the Plaintiff files a claim, they waive the right to a jury trial. However, the Defendant can request a jury trial under the following conditions:

1. Request Deadline: The Defendant must file for a jury trial within 10 days after being served with the Notice of Claim.\
2. Jury Trial Affidavit: The Defendant must file an affidavit stating there is a question of fact requiring a jury trial, explaining the facts, and affirming the request is made in good faith.\
3. Jury Trial Fee: The Defendant must pay a $70 fee within 10 days of the jury trial request being granted. If not paid, the request is waived.\
4. Effect of Jury Trial: If granted, the case will be moved from Small Claims Court to the court's plenary docket, which follows more formal procedures. This includes the application of full rules of evidence and procedure. Both parties may want to consult legal counsel for assistance in this more formalized process.

Once a jury trial is requested and granted, it cannot be withdrawn without the consent of all parties involved.

Settlements

If the Plaintiff and Defendant can reach a settlement before trial, they should:

1. Write down the settlement agreement and have both parties sign it.
2. File the signed agreement with the court clerk.
3. Obtain the judge’s approval: The judge will review the settlement and, if acceptable, will enter it as the official judgment in the case. Some courts provide forms to facilitate this process.

Important Considerations:

• Be aware of exemptions that may apply to certain income or property under state and federal laws. These exemptions can protect assets from being used to satisfy a judgment.
• The court will not accept personal property as part of a settlement or judgment, unless the judge specifically approves it. This settlement process can help resolve the case without needing a trial, as long as both parties agree and comply with the proper procedures.

Continuances

A continuance (postponement) in Small Claims Court is only granted if good cause is shown. Here are the key points:

1. One Continuance Rule: Generally, no party is allowed more than one continuance in a case, and each request for a continuance must be approved by the judge.
2. Notice of Continuance: If a continuance is granted, all parties will be notified of the new date and time for the trial.
3. Attending Hearings: Parties should attend all hearings and trials unless they have been specifically informed by the judge’s staff that the matter has been continued.

Change of Judge

If you want to request a change of judge in a Small Claims case, you must meet the following conditions:

1. Time Limit: The written request for a change of judge must be filed within ten (10) days from the date you receive the Notice of Claim.
2. Procedure: The request must be made in writing and filed with the court.

Failure to meet this deadline can result in the request being denied. Make sure to act promptly if you wish to change the judge handling your case.

Trial/Hearing

• Arrive on time: Both parties should appear as scheduled. If both are present, the trial will be conducted informally but in an orderly manner.
• Plaintiff’s Case:
  • The Plaintiff presents their case first, providing testimony and evidence such as receipts, leases, or other supporting documents.
  • After each witness, the Defendant can cross-examine them.
  • It is recommended to bring extra copies of all evidence.
• Defendant’s Case:
  • The Defendant then has the opportunity to testify, present witnesses, and provide evidence.
  • The Plaintiff may cross-examine the Defendant’s witnesses.
• Final Statements:
  • After all testimony, both parties can make a final statement summarizing their position (at the judge’s discretion).
• Judge’s Role:
  • The judge can ask questions at any time and may inspect relevant locations or scenes related to the case.

Key Reminders:

• Trials are informal, but contempt of court or perjury penalties can apply.
• The judge can only make a decision based on the facts presented and the applicable law, so it’s important to thoroughly present all relevant information

Proof

In Small Claims Court, if you are the party seeking damages (whether as the Plaintiff in a claim or the Defendant in a counterclaim), you must prove your case by a preponderance of the evidence. This means your evidence must be more convincing than the other party's evidence. If both sides are equally believable, the judge will rule in favor of the other party.

Two things you must prove to win a judgment:

1. Liability: You must show that the other party is legally responsible for the damages. For example, if they failed to pay rent, caused an accident, or received goods without paying.
2. Damages: You must prove the amount of damages (money) you are entitled to recover. Without sufficient evidence, the judge cannot make a decision.

Types of Evidence for Proving Damages:

• For property damage: The general rule is that damages are the difference in value of the property before and after the incident. You can also use a repair estimate to prove the damage amount. Example: If involved in an automobile accident, you can prove damages by providing a repair estimate or the difference between the market value of the car before and after the accident. Expert testimony (e.g., from a mechanic) can also be used to support the damages.
• Labor costs: You cannot claim future labor costs without evidence; however, estimates by experts or actual sums spent on labor can be used.

Key Points:

• Burden of proof: You must prove both liability and damages. If you fail to provide sufficient evidence, the judge cannot rule in your favor.
• Amending your claim: If additional damages (like rent or new property damage) occur before the trial, you can request to amend your Notice of Claim to include these new damages.

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

If the Plaintiff fails to appear at the scheduled trial or hearing, the court may dismiss the claim:

1. Dismissal without prejudice: If the Plaintiff misses the first trial, the case may be dismissed without prejudice, meaning the Plaintiff can refile the claim by paying another filing fee.
2. Dismissal with prejudice: If the Plaintiff misses a second trial, the case may be dismissed with prejudice, meaning the Plaintiff is barred from pursuing the claim further.

If the Plaintiff fails to appear but the Defendant is present and has filed a counterclaim, the judge may issue a Default Judgment against the Plaintiff based on the Defendant's counterclaim.

Judgment

After the trial, the judge will either issue a decision immediately or take the case under advisement to decide later. The judgment (including Default Judgment) will be sent to the parties or their attorneys if they are represented and will be entered into the court record.

Interest will accrue on the judgment from the date it is entered.

Once you have received full payment of the judgment, you must release the judgment by filing a Release of Judgment with the court clerk.

Default Judgment

If the Defendant fails to appear at the trial, the Plaintiff may request a Default Judgment. For the judge to grant this judgment, the Plaintiff must prove the following:

1. Timely Service: The Defendant was properly served with notice of the claim.
2. Defendant's Ability to Appear: The Defendant has no legal, physical, or mental condition that prevents them from attending or understanding the proceedings.
3. Valid Claim: The Plaintiff has a valid claim and should recover from the Defendant.
4. Military Status: The Plaintiff must confirm whether the Defendant is an active member of the military by using the Servicemembers Civil Relief Act (SCRA) website. The Plaintiff may be required to sign affidavits or testify in court to prove these points.

Default Judgment

• If a Default Judgment has been entered against a party, they can file a written request to have the judgment vacated or set aside. This request must be filed within one year from the date the judgment was entered. If the request is timely and properly filed, the court will hold a hearing where both parties can present their case. The party requesting to vacate the judgment must show "good cause" for doing so. If the judge grants the request, the case will be scheduled for a new trial based on the original claims.
• If more than one year has passed, the party seeking to reverse the judgment can only do so by following Trial Rule 60(B) of the Indiana Rules of Trial Procedure. This process is more complex and would typically require legal assistance.

Appeal

If a party is not satisfied with the decision and judgment in Small Claims Court, they have the option to appeal the decision to the Indiana Court of Appeals. To qualify for an appeal, the appealing party must take specific actions within 30 days of the Small Claims Court judgment. Given the complex rules for appealing, it is strongly recommended that the party seeking to appeal consult legal counsel as soon as possible after the judgment is entered

Collection After Judgment

Judgment Recording & Lien:

• Judgment is recorded in the county judgment docket, becoming a lien on the debtor's real property within the county.
• To place a lien in another county, the judgment must be recorded there with a certified copy.
• The judgment lien lasts for 10 years but can be extended for another 10 years by filing an action before the lien expires.

Enforcement Period:

• The judgment can be enforced for up to 20 years from the date of entry.

Collection Methods:

• Proceedings Supplemental: The debtor may be ordered to appear in court to disclose financial details, including income and assets.
• The court may order:
  • Full or installment payment of the judgment.
  • Garnishment of wages.
  • Execution against personal property.
• The winning party is responsible for pursuing collection methods.

Failure to Comply:

• If the debtor fails to attend hearings or comply with court orders, the court may schedule a show cause hearing for contempt.
• If the debtor cannot be located, the winning party can request a continuance to allow more time to serve the debtor.

Ongoing Enforcement:

• The winning party may request the debtor to appear in court again if their ability to pay improves.

Garnishment

Garnishment Limits:

• The law restricts the amount of income that can be garnished from the debtor.
• Only one garnishment can be applied at a time.

Order of Payments:

• Garnishments are paid in the order they are received by the employer, so it’s important to "get in line" for garnishment.

Job Change:

• If the debtor changes jobs, a new garnishment order must be requested to continue the garnishment process.

Collection Methods

Execution Against Personal Property:

• The debtor's personal property can be seized and sold to satisfy the judgment.
• This method is governed by strict statutes and exemptions, so it’s advisable to consult an attorney before pursuing it.

If the Debtor Dies:

• If the debtor dies before the judgment is paid, the creditor must file a claim against the deceased debtor's estate to collect the judgment.

If the Debtor Files Bankruptcy:

• If the debtor files for bankruptcy and the judgment is included in the bankruptcy petition, collection proceedings must be halted by the court.
• The creditor's remedy in this situation lies within Bankruptcy Court.

Courthouses Location:

Lake Superior Court - Civil Division

2293 N. Main Street
Crown Point, IN 46307
(219) 755-3585
https://lakecountyin.gov/

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Lake County

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