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PLEASE READ BEFORE
YOU FILE A CLAIM
The maximum you may request is $6,000.00
Effective 7/1/07, the basic filing fee is $78.00
The proper place to file your claim for
Possession of Real Estate is:
Small Claims Rule 12. Venue
(A)
Proper Venue. Proper venue for a claim between landlord and tenant for
rent or
possession of real estate filed in county small claims courts created
pursuant to IC 33-11.6 1-3
shall
be in the county and township division of the Small Claims Court where
the real estate is located. In the event there is no court division
existing in the township where the real estate is located, such claim
may be filed in any of the townships of the county.
PLEASE
PRINT!
(ALWAYS
KEEP YOUR CAUSE NUMBER WITH YOU)
IN ORDER TO
FILE, YOU MUST PROVIDE THE FOLLOWING:
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Your
name, address, zip code and telephone number
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The
defendant’s (s) manes, address, zip code, and telephone number
-
If you
choose to have the defendant served at their place of employment,
they must be served
personally
or you will not
obtain judgment if the defendant fails to appear
FOR
CORPORATIONS ONLY
-
You
may file up to $1,500.00 without an attorney
-
Your attorney must file anything over $1,500.00
NO PERSONAL CHECKS OR CREDIT
CARDS ACCEPTED
When filing by mail, please
remember to include a self-addressed, stamped envelope so that we can
return your copies.
To begin the filing process,
please download this form.
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HELPFUL HINTS:
t
Both Landlords and Tenants can file a
Notice of Claim for Emergency Possession
Example:
Landlord may file if the Tenant is physically destroying the
property. However, a Landlord is NOT ENTITLED to emergency
possession if the only reason is that the Tenant owes rent.
t
Tenant may file if Landlord illegally
locks Tenant out of the Property.
t
When filing, make sure that the specific
reason for request for emergency possession is put on the Notice of
Claim.
CHANGING NAMES OF
PARTIES
t
Neither party can add or delete a
name on the Notice of Claim once it is filed
(WITHOUT COURT PERMISSION).
COMPLETE THE ADDRESS
ON NOTICE OF CLAIM
t
The Judge types her own orders and
envelopes to mail out the orders. She does not like it when the
Plaintiff does not include all the requested information on the Notice
of Claim: Name, Address (including zip code) of Plaintiff and
Defendant.
NEW ADDRESSES
t
If either the Defendant or
Plaintiff moves during the case, each must write the court a letter
giving the court the new address. If a party moves and does not
inform the court of the new address, action can be taken without
Notifying that party. YOU WON’T KNOW WHAT IS
HAPPENING ON YOUR LAWSUIT IF YOU DO NOT TELL THE COURT YOUR NEW
ADDRESS.
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