Steuben Superior Court Defendant's Manual for Small Claims Court

The small claims court allows every citizen to bring a lawsuit in an informal manner and does not require that the parties be represented by an attorney. Although it is not required that you hire an attorney to represent you in small claims court, you may do so if you wish.

If you have questions about the procedure you must follow or any other matter relating to your case, ask the Clerk for assistance. If you need legal advice, you must consult an attorney as neither the Judge, Clerk, or other Court personnel can help you in that respect.

The procedures are not complicated. The plaintiff needs to complete a simple form stating why he believes the defendant owes him money or has possession of property to which the plaintiff is entitled. Each party will then explain their side of the story to a judge at trial. The judge may then ask questions of each party to determine the complete facts of the situation. The judge will make a decision based on the facts and evidence presented by the parties and on the law as it applies to the particular facts.

• Continuance - postponement of an action pending in court.
• Default Judgment - decision for the plaintiff when the defendant fails to appear in court.
• Defendant - the person being sued.
• Docket - court records.
• Judgment - the decision of the court.
• Jurisdiction - a grant of authority to a court to hear and decide cases.
• Notice of Claim - written statement of a claim against a defendant and an order for the defendant to appear in court.
• Plaintiff - the person suing.
• Subpoena - court order requiring a witness to appear in court and give testimony.
• Vacate - making a judgment or court order ineffective.

You have become a defendant in small claims court. Although it is not required that you hire an attorney to represent you, you may do so if you wish. the trial itself will be informal without technical or formal rules. It should not be difficult or complicated for you to defend yourself in the small claims court.

You have probably been notified of the claim the plaintiff has made against you by a registered letter called a Notice of Claim. The Notice of Claim should contain:

1. The name of the court.
2. The name, address, and telephone number of the plaintiff and yourself.
3. The place, date, and time of the trial which should not be less than ten (10) days nor more than forty (40) days from the date you received the letter
4. A brief statement of the plaintiff's claim against you and a copy of the contract or statement of account that is the basis of the plaintiff's claim. 
5. A statement that you may appear at the trial either in person or have an attorney represent you.
6. An instruction that you are to bring the trial all documents in your possession or control concerning the claim.
7. A statement that if you do not wish to dispute the claim you may still appear for the purpose of establishing how you will pay the claim.
8. The name, address, and telephone number of the person with whom you may communicate if you are unable to appear at the specified time or place.
9. A statement that a default judgment may be entered against you if you or your representative does not appear at the trial.

In addition to the instructions in the Notice of Claim which you must follow, this manual attempts to help you in the preparation of your defense to the claim filed against you and advise you of what to expect before, during and after the trial.

Any information which follows may be changed slightly by rules established by the local court. When filing your claim, you should ask the clerk for a copy of the local rules for small claims. These rules may establish time periods for taking certain actions in connection with your defense. For example, the rules may establish the last date you may request subpoenas or continuances, file settlements, or file counterclaims. While changes from this manual by local rules may be slight, they could be very important. Be sure to check any local rules of the court.

Gather any evidence you may have: the original contract, receipts, anything which can be taken to court to help prove your defense. Contact your witnesses and advise them of the time and place of the trial. If any of your witnesses are reluctant to appear at the trial, the court can issue a subpoena to require them to attend. If this becomes necessary, you should contact the clerk the correct names and addresses of the witnesses and request that the subpoenas be issued.

A plaintiff gives up his right to a jury trial by filing his claim in small claims court. But, in Indiana, the defendant in every trial has the right to a jury. In small claims court the defendant must request a jury trial within (10) days of receipt of the notice of claim. A request for a jury trial in small claims court will be granted up on the request, approval by court, and payment of a small fee to the clerk. If you do not request a jury trial within ten (10) days or pay the fee, you will not be able to have a jury trial. In a jury trial all formal and technical rules will apply and it is highly advisable that you contact an attorney.

If the plaintiff has any information which you do not have access to, and which is necessary for you to prepare you defense, you may request that the court order the plaintiff to disclose this information to you. Similarly, the plaintiff may make such a request to the court in order to prepare his case. Such a request will be granted only by giving good reasons for disclosing the information and only after the other party has been notified that the information is being sought. The court may limit the information sought to that which is necessary for the particular case.

Before the trial date you may decide to pay the plaintiff the amount of his claim or some other amount you both agree on. This is called a settlement of the claim. 

After you receive the Notice of Claim, if you believe the plaintiff owes you money because of something that happened in the same transaction or occurrence, you may file a claim against the plaintiff called a counterclaim. Both your counterclaim and the plaintiff's claim will ordinarily be decided at the same trial.

If you file a counterclaim against the plaintiff, it is the same as if you have filed your claim first. it is another lawsuit in which you become the plaintiff. If the amount of your counterclaim is less than $3,000, both lawsuits can be decided at the same trial in small claims court. If you chose to pursue a counterclaim in excess of $3,000 for judgment in the small claims court, you are giving up the right to recover amounts over $3,000 in this, or any other lawsuit.

If you wish to file a counterclaim, you should pick up and read a copy of the Plaintiff's Manual for Small Claims Court. To file a counterclaim, you will need to follow the same rules and procedures for filing a claim as outlined in that manual except that you must file the counterclaim in time to permit the plaintiff to be notified of the counterclaim at least seven (7) days before trial. Although it is not required that you hire an attorney if the counterclaim is tried in small claims court, you may do so if you wish and it is highly advisable that you contact an attorney if the counterclaim is to be tried in a court other than the small claims court. 

If you have reason to believe that the judge in your court is prejudiced against you or should disqualify himself from presiding over the trial because of some conflict of interest, you may request a change of judge before trial. Such a request will be granted without your being required to state your reasons for the request. If you believe the second judge is prejudiced, you must show a very good reason for a change of judge before another judge can be selected. After the trial begins, your only remedy for a judge who you feel is prejudiced is by appeal to a higher court after the trial is over and judgment has been made. it should be very seldom that you find a judge who is biased or prejudices so that this procedure will be unnecessary in nearly all cases.

If you are unable to attend the trial for any good reason, you may request a continuance before the trial date. you are entitled to only one continuance. Use it wisely. The court may grant additional continuances, but only for unusual circumstances. If the plaintiff does not appear at trial without having been granted a continuance, his claim will be dismissed, although he may file his claim again. The plaintiff may refile only once and if he misses the second trial, his claim will be dismissed and he cannot file again in small claims court.

If you miss the trial without first being granted a continuance by the court, the court may enter a default judgment against you. The plaintiff will then be able to recover the amount of his claim plus his filing fee from you. In order to enter such a judgment the judge must determine that.

1. You have been notified of the claim against you and,
2. You are not under a legal disability and,
3. What the plaintiff has stated in the Notice of Claim would entitle him to win if it were proved at trial.

However, if you can show, within one year after the judgment, that you did not actually have notice or were under a legal disability, the court may vacate the judgment and reschedule a trial for the original claim. After on year you can seek to have the default judgment reversed only by filing your own lawsuit for that particular purpose.

The date set on your Notice of Claim is an appearance date only, if you desire to have a trial to contest the claim by presenting evidence, then you should notify the court at least seven (7) days before the appearance date. A new date will be set allowing more time for this case.

When both you and the plaintiff appear at trial, each of you will simply explain your side of the story to the judge, presenting any witnesses and evidence you may have to support your case. There are no formal or technical rules you must follow. The judge may ask each of you questions to help him clarify what actually happened. Remember that although the trial is informal, all parties are subject to penalties for contempt of court and perjury for testimony given under oath. 

After the judge has heard from each side he will make a decision based on the facts presented by you and the plaintiff and on the law as it applies to those facts. The judge may notify you of the decision immediately after the trial or may wait to make the decision in order to consider the problem more fully. In any event, the court will notify both you and the plaintiff of the result within ninety (90) days from the date of trial.

After the court makes its decision it will enter a judgment stating who must pay, and the method of payment, either in a lump sum or installments. If you lose, you will be required to pay the amount of the plaintiff's claim and court costs. Court costs include the plaintiff's filing fee, subpoenaed witness fees, plus the mileage rate from the witnesses' homes to the trial and return, and the sheriff's fee for each additional person, only if it is necessary for the sheriff to deliver a subpoena or notify you of the claim in person if the registered letter is returned undelivered. If you win the lawsuit, the plaintiff loses his filing fee and must pay all witnesses; and sheriff's fees.

If you are successful and win on a counterclaim, the plaintiff will be obligated to pay the amount of the counterclaim. If the plaintiff has also won his claim, you must pay or be paid the difference of the amounts of the two claims, depending on which claim is larger. 

If the judgment is not paid within ten (10) days or when due, or any installment is not paid when due, the plaintiff should first contact you and request payment. The court may order you to pay the plaintiff any reasonable collection costs in addition to the amount of the judgment. 

If you have not paid the judgment after the plaintiff has taken these steps, he may ask the court for further assistance. Briefly, what can then happen is that the court may garnishee your wages or order that your personal property or real estate be sold to pay the judgment.

If you are not satisfied with the decision of the small claims court, you may appeal to the Indiana Court of Appeals. An appeal will require that you hire an attorney. In order to appeal, the attorney must take action within (30) days of the judgment. If these actions are not taken within the specified time, you cannot appeal the decision. For this reason you should contact an attorney concerning an appeal no later then seven (7) days after the date of the judgment to allow the attorney sufficient time to comply with the thirty(30) day requirement.

Steuben Superior Court