NOTICE OF SMALL CLAIMS EVICTION
CLARK
COUNTY COURTS
501 E. Court Avenue, Jeffersonville, Indiana
Service
by:
□
sheriff
□
certified Mail
CASE NO: ________________________________
________________________________________ ____________________________________________
NAME (PLAINTIFF) NAME (DEFENDANT)
__________________________________________________________ _______________________________________________________________
STREET ADDRESS STREET ADDRESS
__________________________________________________________ _______________________________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________ ___________________________________ _______________________ ______________________________________
TELEPHONE EMAIL ADDRESS TELEPHONE EMAIL ADDRESS
IF FILED BY PLAINTIFF’S ATTORNEY
ATTORNEY NAME: ________________________________________ ________________________________________________________________
NAME (DEFENDANT)
STREET ADDRESS: ________________________________________
________________________________________________________________
CITY, STATE, ZIP: _________________________________________ STREET ADDRESS
TELEPHONE NUMBER: _____________________________________ ________________________________________________________________
CITY, STATE, ZIP
ATTORNEY BAR NUMBER: _________________________________
______________________ _________________________________________
EMAIL ADDRESS: __________________________________________ TELEPHONE EMAIL ADDRESS
NOTICE: A copy of the Lease MUST be attached to all copies of your claim.
STATEMENT OF CLAIM
_______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
The Plaintiff seeks Judgment against the Defendant(s) for $______________, plus additional accrued rent, utilities and attorney fees, plus
court costs and sheriff service fee and Eviction from the rental property.
_________________________________________________________
PLAINTIFF
NOTICE: READ THE FOLLOWING INFORMATION AND THE INFORMATION ON THE BACK OF THIS FORM
YOUR HEARING IS SCHEDULED FOR _______________ AT __________ ____. M. IN MAGISTRATE “B” COURTROOM, ROOM 249.
If you fail to appear in Court on the date and at the time set for trial, the Plaintiff can receive a judgment for the amount claimed, plus costs. If you do
not wish to dispute the claim, you may nonetheless appear for the purpose of allowing the Court to establish a method of payment. If this matter is not
settled and dismissed before the trial date, you will at the time of trial be required to appear with your witnesses and any documents required to prove
your side of the case.
By filing a Small Claim, the Plaintiff has waived the right to a jury trial. You have ten (10) days from receipt of this notice to file a motion
requesting a jury trial. Once a jury trial request has been granted, it may not be withdrawn without the consent of the other party or parties. Within
ten (10) days after the jury trial request has been granted, the party requesting a jury trial shall pay the clerk the additional amount required by statute
to transfer the claim to the plenary docket otherwise the party requesting the jury trial shall be deemed to have waived the request.
An individual,
sole
proprietor,
or a
partner
may appear
in
person
or by an
attorney.
In any claim not exceeding $6,000.00 any Sole Proprietorship, Partnership, Corporate Entities, Limited Liability Company (LLC), Limited
Liability Partnership (LLP) or Trust may be represented by a full-time employee or trustee. However, before a full time employee or trustee may
appear, the Sole Proprietorship, Partnership, Corporate Entity, LLC, LLP or Trust must file a Certificate of Compliance duly adopted in accordance
with Small Claims Rule 8 (C). Additionally, the designated employee or trustee must file an Affidavit in accordance with Small Claims Rule 8 (C).
The Certificate of Compliance and Affidavit MUST be filed in EACH case prior to appearing in Court.
HOWEVER, CLAIMS EXCEEDING $6,000.00 MUST BE DEFENDED OR REPRESENTED BY AN ATTORNEY.
If you
have questions
concerning
this matter
you should
call
812/258-2593.
(1/2022)
If
you are not the original creditor, and the claim arises from a debt that is primarily for personal, family, or household purposes, the plaintiff
shall provide an Affidavit of Debt that shall have attached as one or more Exhibits which shall include: 1)
a copy of the contract or other writing
evidencing the original debt, which shall contain a signature of the defendant.
If
a claim is based on credit card or other debt and no such signed
writing evidencing the original debt ever existed, then copies of documents generated when the debt was incurred or the credit card was actually used
shall be attached; and 2)
a chronological listing of the names of all prior owners of the debt and the date of each transfer of ownership of the debt,
beginning with the name of the original creditor; and 3) a certified or other properly authenticated copy of the bill of sale or other document that
transferred ownership of the debt to the plaintiff.
PLEASE READ CAREFULLY
(This information is not intended as legal advice)
IF YOU ARE THE PLAINTIFF
The Plaintiff must know the correct name and address of the Defendant(s). Also, the Plaintiff should make sure
that you are suing the proper entity or person. In most cases, the Defendant must either live or do business in the State of
Indiana, or the claim must have arisen in Indiana before this Court will have jurisdiction over the Defendant.
The maximum judgment amount allowed in Small Claims Court is $10,000.00. You may file an action in
Small Claims Court when you are owed more than $10,000.00. However,
$10,000.00 is the maximum recovery
allowed.
You may also recover your filing fee.
REQUIREMENTS AT TRIAL FOR PLAINTIFF AND DEFENDANT
Although the Small Claims Rules provide for flexibility in presenting evidence, the Plaintiff will be required to
provide all relevant evidence necessary to prove that you are entitled to a recovery, as well as proving the amount to
which you are entitled.
As a Defendant, you should be prepared to defend your case in Court. The Plaintiff and Defendant
should, therefore, bring all witnesses, receipts, photos and documents which you believe are necessary to
prove or defend your case.
The Court will not consider documents which are not presented at the trial. The Court will not telephone
witnesses who are not present, and will give only limited attention or weight to the statements of
persons not present.
ALL RECEIPTS, PHOTOS AND DOCUMENTS PRESENTED AS EVIDENCE
WILL BE KEPT IN
THE COURT FILE.
You should review/print the Small Claims Manual at:
http:/
/www:
in.gov/courts/publications/small-claims-manual
PROPER ATTIRE FOR COURT IS REQUIRED. SHORTS OR ATTIRE THAT IS
OFFENSIVE OR VULGAR WILL NOT BE ALLOWED IN THE COURTROOM.
(1/2022)
