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The information
provided here is designed to help provide you with a general overview
of the small claims process. The information is not comprehensive, so
if you are considering filing a small claims suit you will need to consult
other sources such as the Small Claims Manual available at the County
Clerk's office. If your claim is complex, or for greater than $6,000
(the limit in Small Claims Court) you should consider consulting an
attorney. (Link to Lawyer Referral)
TABLE OF CONTENTS (click to go directly to subject)
WHAT IS SMALL CLAIMS COURT?
Small Claims Court is a legal forum where average citizens can come
to resolve their disputes without having to deal with all of the technicalities
and delay associated with regular legal proceedings. Claims are limited
to $6,000 or less. In Small Claims Court, the procedural rules are relaxed
so that parties may resolve their disputes without the expense of hiring
a lawyer. The issues are generally simple. In Small Claims Court, the
cases are heard by a Judge or a Magistrate and cannot be heard by a
jury. The purpose of the trial is to present all of the relevant facts
to the Judge or Magistrate so that the appropriate law can be applied
in making a decision.
DO I NEED A LAWYER?
Individuals
Individuals may represent themselves in small claims court, they are
not required to hire a lawyer.
Corporations
If the claim is for $1,500 or less, not an assignment (such as a claim
that has been assigned to a collection agency), and there is a corporate
resolution and employee affidavit on file with the clerk authorizing
a full-time employee to represent the corporation, then the corporation
may be represented by that employee. Otherwise, corporations must be
represented by attorneys.
Sole Proprietors and Partnerships (Unincorporated Businesses)
Generally, an unincorporated business must be represented by the owner
of the business or an attorney. Full-time employee exception is similar
to corporation ($1,500, not an assignment, filing with Clerk's office)
WHAT YOU CAN SUE FOR IN SMALL CLAIMS COURT?
There are many times when you may sue in Small Claims Court. The following
list contains some examples. Remember that claims are limited to $6,000.
- Personal Injury
- Damage to personal property or real estate.
- Landlord and tenant disputes
- Money owed (bad checks, wages services rendered, accounts receivable)
- Return of wrongfully taken property and return of money paid for
faulty work.
WHERE TO FILE YOUR SMALL CLAIMS SUIT?
Your suit must be filed in the proper place, which is known as the county
of venue. A small claims suit can only be filed in the county:
- where the transaction or occurrence actually took place; or
- where the obligation or debt was incurred; or
- where the obligation is to be performed; or
- where the Defendant resides; or
- where the Defendant has his or her place of employment at the time
the claim or suit is filed
The county in which
the suit is filed must meet at least one of the above requirements in
order to be the proper county of venue. If several counties qualify
under the requirements, then the Plaintiff can file suit in any one
of the qualifying counties. However, the rules in Small Claims Court
differ slightly from county to county, so be sure to know the rules
of the county where you file your claim.
WHERE IS THE CLERK'S OFFICE?
Gibson County
The Gibson County Clerk's office is located in Princeton on the first
floor of the courthouse.
The phone number is 812.386.8401
Posey County
The Posey County Clerk's office is located in Mt Vernon on the first
floor of the courthouse.
The phone number is 812.838.1306
Vanderburgh County
The Vanderburgh County Clerk's Office is located in downtown Evansville
on the second floor of the City-County Building.
The phone number is 812.435.5160 or visit their
web site.
Warrick County
The Warrick County Clerk's Office is located in Boonville in the Warrick
County Judicial Center on Third Street across from the courthouse.
The phone number is 812.897.6160
HOW TO COLLECT IF YOU WIN YOUR SUIT?
If you are the winning party, the judgment entered by the court is a
legal determination that another person owes you a certain sum of money.
Collecting the judgment is your responsibility and may be difficult
if the person you are trying to collect from does not have the ability
to pay. If the losing party does not pay, the first step is to file
a Motion for Proceedings Supplemental with the Court, which is written
filing asking the Court to order the Defendant to appear in Court to
answer questions regarding the Defendant's income and assets. If the
debtor has the ability to pay, one way to collect is for the court to
order a garnishment of the debtor's earnings.
WHAT TO DO IF YOU ARE THE ONE BEING SUED (DEFENDANT) IN SMALL CLAIMS COURT?
If you have been served with notice that someone is suing you in Small
Claims Court, you should first make an attempt to settle the dispute
if possible. If the dispute cannot be settled, make sure you show up
in Court on the date and time given in the notice and are prepared to
defend yourself. This is very important because the Judge or Magistrate
can enter a default judgment against you and award damages to the Plaintiff
even though you are not present at the trial and even if you would have
won your case had you been present.
If you believe
that you do not owe the Plaintiff anything you should be prepared to
dispute their claim. Also, if you believe you have a claim against the
Plaintiff, you may file a counterclaim against the Plaintiff and the
Court will hear the Plaintiff's complaint and your (Defendant's) counterclaim
at the same time. Counterclaims must be filed with the Court so that
the Plaintiff has at least seven (7) days notice before the trial of
your counterclaim. Remember that the amount that can be sued for in
Small Claims Court is limited to $6,000. If you have a counterclaim
in excess of $6,000, you should consider having the case removed to
another Court, but one of the drawbacks to this is that the relaxed
rules of Small Claims Court will no longer apply. You should then more
carefully consider hiring a lawyer to represent you.
HOW TO GET MORE INFORMATION?
The information provided here is only a general overview of the small
claims process, if you are considering filing a Small Claims Suit there
is a lot more information that you will need to know. There is a twenty-five
(25) page small claims manual available in the County Clerk's office
for $4.00 that contains more detailed information and discusses more
issues than dealt with here. The Clerk's office can not give legal advice,
but they can assist you in filing your claim. If you need legal advice
you should contact an attorney.
DEFINITIONS
| Affidavit- |
A written statement made upon affirmation that the statement
is true under the penalty of perjury or under oath before a notary public
or other person authorized to administer oaths.
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| Counterclaim - |
A written demand filed by a defendant against a plaintiff
for money or possession of property.
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| Damages- |
A sum awarded by the court as compensation for an injury.
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| Default Judgment- |
Decision for the plaintiff when the defendant fails to appear in court.
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| Defendant- |
The person being sued. |
| Garnishment- |
A court order that property (cash or other items of value) controlled
by a third person be used to pay a judgment.
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| Injury- |
Any wrong or damage done to another, either to a person, his or her
rights or property
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| Judgment- |
The decision of the court. |
| Jurisdiction- |
The authority of the court to hear and decide cases. |
| Notice of Claim- |
Written statement of a claim against the defendant that serves as a notice that the
lawsuit has been filed and that the party is ordered to appear in court.
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| Party- |
Any person suing or being sued. |
| Plaintiff- |
The person suing. |
| Motion for Proceedings Supplemental- |
A written filing asking the court to take steps to collect a judgement
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| Venue- |
The appropriate county in which to file a lawsuit. |
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Remember, whether you are a plaintiff or defendant, if you have a case
that is very complex (or over $6,000) you should contact a lawyer to
determine the best way to proceed and whether or not you should have
an attorney to represent you. (Link to Lawyer Referral Service)
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