Small Claims Courts and How They Work

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To start a case in Small Claims Court, you must file an Affidavit and Claim in the Small Claims Court. Use our Do-It-Yourself Small Claims Suit tool get these forms. This prepares the forms you need to file. You can also get the forms by going to the district court and telling the clerk you want to file a small claims case.

How Does Small Claims Court Work? Small claims court claims are brought upon a party by filing a claim at the local courthouse. The filing will require the name of the defendant, a description of the incident, any proof that exists, and other pertinent information demanded by your respective court. A relatively close court date will be supplied, and papers will be served to the defendant. Moderation. Most courthouses will require that both parties sit in a room together with a legal.

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So you’ve decided to go down to the courthouse and go to the Small Claims Division. What now you ask. Let’s take a look at the how and why regarding small claims courts. How did they come about and why are they used so extensively. The first small claims court was created in Cleveland in 1913.

Magistrate court, also called small claims court, is an informal court that handles money claims of less than $15,000. This court offers a quick and inexpensive process to resolve complaints. Examples of problems often taken to magistrate court include: A tenant refusing to pay for damages in excess of the security deposit.

(3) Proper venue of any claim between landlord and tenant, including but not limited to a claim for rent, possession of real estate, return of property, return of security deposit or for damages, filed in a small claims court created pursuant to IC 33-34-1-2 shall be in the township where the real estate is located, unless there is no small.