Fill and Sign the Indiana Damages Form

SMALL CLAIMS EVICTION COMPLAINT Plaintiff _____________________________ Address _____________________________ City ____________ State ___ Zip ________ Telephone ___________________________ Plaintiff, AGAINST Defendant 1 _________________________ Defendant 2 _________________________ Address ____________________________ City ___________ State _____ Zip _______ Telephone ___________________________ Defendant(s). __________ SUPERIOR COURT NO. ___ ___________________________ ___________________________ ___________________________ CAUSE NO. ___________________ Attorney (optional)_________________________ Address _________________________________ City ________________ State ____ Zip _______ Telephone _______________________________ Attorney No. ___________________ Requested Service by:  Sheriff of __________________ County  Certified Mail CLERK’S NOTICE OF CLAIM TO DEFENDANT FOR EVICTION, RENT DUE, AND DAMAGES You (The Defendant) have been sued by the Plaintiff whose name appears above. You must appear in the _____________ Superior Court No. _____ in person or with your attorney for hearings on BOTH the following dates and times: first hearing: _____________________________________________ to contest the claim for eviction and/or back rent; and second hearing: _____________________________________________ to contest the claim for damages. The Plaintiff’s Claim is that on or about ______________________, the Plaintiff rented to the Defendant(s) property located at __________________________________________________________________________ for a term of ________________days/months/years. The Defendant(s) agreed to pay rent at $____________ per _____________, payable in advance on the ______ day of each __________. Rent is now past due in the amount of $______________ and the Defendant(s) remain in possession. Defendant(s) have otherwise violated the lease as follows: ________________________________________________________________________________________________ ________________________________________________________________________________________________. The Plaintiff(s) demand(s) immediate possession of said premises and demands judgment against the Defendant(s) for $__________________, plus other damages to be determined, plus interest from ______________________, 200__, at the rate of ____%, plus the Court costs of this action. Dated: ____________________, 200__ ______________________________________ Signature of Plaintiff (or attorney) IMPORTANT INFORMATION CONCERNING THIS CLAIM 1. The Plaintiff or the Defendant may represent themselves individually or be represented by an attorney. A Small Claims Litigant’s Handbook is available at the offices of the Clerk or Court for each party’s benefit. The Plaintiff and Defendant should bring to trial all documents in their possession or under their control concerning this claim. The Court will usually hear the eviction and decide possession and back rent on the first hearing date, but may decide damages at the later damage hearing date. 2. A default judgment may be entered against the Defendant if he or she fails to appear for the first hearing or trial, and if the Plaintiff fails to appear, the case will be dismissed (but may be refiled once more). 3. If the Defendant does not wish to dispute the Plaintiff’s claim, the Defendant still may wish to appear to allow the Court to establish the method for paying the judgment.4. Any request for a continuance of the first hearing or trial date by either party should be filed with the Court at least 5 days before the hearing date. Forms for requesting a continuance are available at the Court’s office. The party requesting a continuance must contact the other party regarding the request. 5. If the Defendant wishes to file a Counterclaim against the Plaintiff, the Defendant must file the Counterclaim with the Clerk and provide the Plaintiff with a copy of it at least 7 calendar days before the trial. 6. If a settlement of this claim is made out of Court, it should be in writing and signed by the Plaintiff and Defendant. Settlement forms are available at the Court’s office. The settlement shall be filed with the Court and will be entered in the Small Claims Docket and shall have the same effect as a judgment of the Court. 7. The filing of a Small Claim waives the Plaintiff’s right to trial by jury. The Defendant may, no later than 10 days following service of the Notice of Claim, make a demand for a trial by jury in writing, specifying that the demand is made in good faith, and supplying the affidavit required by Indiana Code 33-5-2-7. Once a jury trial request has been granted, it may not be withdrawn without consent of both parties. Both parties should then obtain attorneys. The Defendant must pay a $70 fee at the Clerk’s office within 10 days after the jury request has been granted; otherwise, the Defendant gives up the right to a jury trial. SHERIFF’S RETURN OF NOTICE OF CLAIM I hereby certify that on the below date: ____ I served this Notice of Claim by delivering a copy to the Defendant. ____ I served this Notice of Claim by leaving a copy: ____ at the dwelling or usual place of abode of Defendant; ____ with a person of suitable age and discretion residing therein, namely ____________________________________; ____ and by mailing a copy of the Notice of Claim to the Defendant, by first class mail, to the address listed on the Notice of Claim (date copy mailed if different from below: __________________________, ________).