How to Defend Yourself in Small Claims Court in Indiana

Defendants must present evidence supporting their position and attacking the plaintiff's claim.

Indiana small claims courts handle civil matters involving sums less than $6,000. An action begins when a plaintiff files a “notice of claim” with an Indiana small claims court. The plaintiff must also send the defendant a copy of the claim along with a summons. If you have been served with a notice of claim, you are being sued. You can try to settle the case, file a counterclaim or answer the suit and defend yourself.

Instructions

1. File an answer to the notice of claim. In your answer, mirror the plaintiff’s notice of claim by admitting to facts or denying facts. For example, paragraph 1 of the plaintiff’s notice of claim might list your name and your address; if this is true, paragraph 1 in your answer would be to admit the information. For denials, provide an explanation.

2. Attend the scheduled hearing. Typically, a pre-trial conference will be held where you and the plaintiff can try and settle the claim. If you cannot reach an agreement, the matter will be set for trial.

3. Cross-examine the plaintiff’s witnesses to attack their credibility and to point out weaknesses in the plaintiff’s case. A plaintiff must prove his claim by a “preponderance” of the evidence, meaning that the plaintiff’s claims are more likely to be true than false. During the plaintiff’s case, you can cross-examine witnesses to attack the plaintiff’s case.

4. Call your own witnesses and present evidence. You want to make the judge believe that the plaintiff’s claims are more likely false than true. Note that judges hear small claims cases; there are no juries in a small claims matter.

References

• In.gov: Small Claims Handbook
• Research.lawyers.com: Filing Small Claims Suit in Indiana