What defenses can the other party raise in small claims court?

In Indiana, parties involved in a small claims court case can raise a variety of defenses to the claims raised by the other party. Some of the common defenses raised in small claims court include: 1. Lack of standing – The party may argue that they do not have the legal standing to be part of the small claims court case. 2. Lack of jurisdiction – The party may argue that the small claims court does not have jurisdiction over the case because it is not within the court’s legal authority. 3. Failure to state a claim – The party may argue that the case has not been adequately stated either because the legal requirements for filing a claim have not been met or the claim has not been sufficiently supported with facts. 4. Limitation of liability – The party may argue that the claim has exceeded what is legally allowed in a small claims court case. 5. Wrong party sued – The party may argue that they should not have been named as a party to the lawsuit. 6. Unenforceable contract – The party may argue that the contract that is the basis for the claim is not valid or enforceable. 7. Agreement to settle – The party may argue that both parties had agreed to a settlement of the dispute before the case was filed. 8. Statute of limitations – The party may argue that the claim was brought after the applicable statute of limitations had expired. 9. Discharge in bankruptcy – The party may argue that the claim was discharged in a prior bankruptcy filing. 10. Duress or fraud - The party may argue that the agreement or action that was the basis for the claim was the result of duress or fraud. By raising the appropriate defense, in small claims court it is possible for a party to counter the claims raised by the other party.

Related FAQs

Can I get an extension on my small claims court case?
Are there any special rules for parties under the age of 18 in small claims court?
How do I file a claim in small claims court?
Can I modify or vacate a small claims court judgment?
How do I calculate the amount of interest owed on a small claims court judgment?
What is the process of obtaining a judgment in a small claims court case?
Can I withdraw my small claims court case after it has been filed?
Can I settle my small claims court dispute without going to trial?
How do I find out if a small claims court case is still active?
How do I add a defendant to a small claims court case?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023