Notice Of Claim, Summons To Appear, And Notice Of Trial Form Page 2
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2____________________________________________v __________________________________________ 73D02-________________
IMPORTANT INFORMATION CONCERNING THIS CLAIM
1. Unless the plaintiff is a corporation seeking more
8. Requests to continue the trial by either party must
than $1,500 one does not have to be an attorney to file a small
be received by the court at least 2 business days before the
claim. A Small Claims Litigant’s Handbook is available at
trial date. Continuances are not granted by telephone.
or at the court. Small claims rules can be
9. Bring to trial all documents, photos, etc that you
wish to submit concerning this claim. Written lists of damages
found at
2. A claim must be filed in the county where the
with written explanations are very helpful to the court. The
transaction or occurrence took place, where the obligation was
court will not consider exhibits displayed solely on electronic
incurred, or where the defendant resides or has his/her place
devices so print out documents and photos. The clerk will
of employment.
furnish subpoenas if requested.
3. Court costs must be paid in advance. The
10. The Court will conduct a contested trial on the first
defendant may pay court costs if the Plaintiff wins the case.
trial setting so both parties should be prepared to go forward.
4. The court cannot award more than $6,000 in a
Notify the court at least business two days in advance if the
small claims action. $1,500 is the limit for corporations
trial will take more than 1/2 hour.
11. An appeal must be initiated within 30 days of the
represented by someone other than an attorney.
5. If the claim is on an account or contract, an
entry of judgment. Appeals are complicated. An attorney
affidavit of debt for the account or a copy of the contract must
should be consulted regarding an appeal.
be filed with the claim. Give the clerk two copies of the
12. The Defendant must file any counterclaim with
the Clerk in time to be mailed and received by the Plaintiff at
affidavit or contract, one for the file and one for the Defendant.
Keep the original for trial. Explain on the complaint if you don't
least 7 calendar days before the trial date
have a copy of the contract.
13. Plaintiff waives the right to trial by jury by filing a
6. If an agreement to resolve the case is reached
small claim. The Defendant may, within 10 days following
service of the Notice of Claim, demand a trial by jury in writing,
before trial, either dismiss the case or file an Agreed Judgment
with the court. The Agreed Judgment must be signed by both
specifying that the demand is made in good faith, and
the Plaintiff and the Defendant. The court has Agreed
supplying the affidavit required by Indiana Code 33-29-2-7.
Judgment forms to use.
The Defendant must pay the difference in filing fees to the
7. Be on time for trial. The claim may be dismissed
Clerk’s office at the time of the jury request.
or judgment may be entered against an absent party.
I affirm under penalties of perjury that on the ___________ day of ________________________________, 20____
RETURN OF NOTICE OF CLAIM
at___________________am/pm:
I served this Notice of Claim by personally delivering a copy to the Defendant.
I served this Notice of Claim by leaving a copy:
at the address listed on the notice of claim; or__________________________________________________________
at__________________________________________________________________________________________________________, or
with _____________________________________________________________a person of suitable age and discretion;
a copy of the Notice of Claim was also mailed to the Defendant, by first class mail, to the address
listed on the Notice of Claim on the ___________ day of ________________________, 20_____ by ___________________.
I was unable to serve this Notice of Claim because:
person moved or otherwise no longer living at the address.
no such address in Shelby County.
Other_______________________________________________________________________________________________________.
_________________________________________________
______________
________________________________
Served by Name
Unit #
Agency
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