Small claims filed on or after July 1, of 2005 are defined as claims in the amount of $6000.00 or less.
The Small Claims Court allows every citizen to bring a lawsuit in an informal manner and does not require that a party hire an attorney. You may hire an attorney if you choose but it is not required.
The Small Claims Courts were created so that you would have a speedy, reasonably inexpensive, uncomplicated means of determination of your claim. It is for your benefit. It is your right. Do not be afraid to use it. The court’s staff and the clerk’s staff will assist you but they cannot give you legal advice.
The procedures are not complex. The Plaintiff fills out a simple form stating why the Defendant owes him or her money or that the Defendant has property which should be returned to the Plaintiff. Each party will explain his or her side of the story to the judge at trial. The judge may ask questions of each party to determine the complete facts of the case. 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 facts.
The State of Indiana has prepared the following Handbook to help you better understand the small claims processes in Indiana as well as guidelines and fees involved.
Small Claims Rules state that the right place to file a small claims suit is 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.
Small claims actions in Randolph County are usually conducted in the Superior Court each Monday morning. Cases need to be filed in the Clerk's office.