Fill and Sign the Indiana Possession Order Form

Name ______________________________________ ___________________________________________ Address _____________________________________ City _________________ State _____ Zip __________ Telephone __________________________________ Plaintiff AGAINST Name _______________________________________ ___________________________________________ Address _____________________________________ City ________________ State ______ Zip __________ Telephone __________________________________ _________ SUPERIOR NO. _____ ______________________________ ______________________________ ______________________________ CAUSE NO. ___________ Attorney (optional )________________________________ Address ________________________________________ City ___________________ State ______ Zip ___________ Telephone ______________________________________ Attorney No._________________________________________ Service by:  Sheriff of __________________ County  Certified Mail Defendant TO THE DEFENDANT(S): You have been sued by the Plaintiff as set out below. You must appear in the ________________ Superior Court No. ______ in person or with your attorney on __________________________________ to contest the claim for eviction, past-due rent, and damages. NOTICE OF CLAIM FOR POSSESSION AND RENT DUE On or about _______________________________, the plaintiff rented to the said defendant(s), property 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: ____________________________________________________________________ ______________________________________________________________________________________________. WHEREFORE, plaintiff demands judgment for the immediate possession of said premises and $_____________________________ and court costs of this action. __________________________ __________________________________________ Date Plaintiff NOTICE This claim is a demand for the possession of the above property. If any past-due rent remains unpaid ten (10) days after your receipt of this claim, you will be subject to immediate eviction. Payment of all past-due rent within this period may be a defense to eviction in some cases. 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 f or 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 usually does not conduct a contested trial on the first hearing date except in a request for eviction or, if time permits and both parties are prepared to go forward. 2. A default judgment may be entered against the Defendant if he or she fails to appear for the first hearing or the 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 requesting a continuance are available at the Court’s office. The party requesting a continuance must contact the other party regarding the request. 5. The Defendant must file with the Clerk and provide the Plaintiff with a written statement of any Counterclaim against the Plaintiff at least 7 calendar days before the trial. Forms are available for this purpose. 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 may be obtained from the Court. 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, in accordance with Indiana Code 33-5-2-7. If 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: ____________________); ____ I was unable to serve this Notice of Claim because ____________________________________________ Date: ______________________________ __________________________________________ Sheriff of ___________________ County, Indiana By:_______________________________________