How do I file a motion in small claims court?

In Indiana, filing a motion in small claims court is done through either the county clerk or the court clerk. Before filing, the individual must obtain the relevant forms from the county or court clerk’s office and fill them out accurately. Fees may apply to file the motion and the county or court clerk can provide information pertaining to fees. The motion should include specific details, such as when and where the event occurred, how much money is being requested, and other evidence to support the claim made. Once the motion is signed and has all the pertinent information, the individual can file the motion. The individual can then serve the papers to the opposing party. This can either be done personally or through a third-party delivery company or the sheriff’s office. The defendant must then be given time to properly prepare for the case before a hearing is scheduled. Once the motion is filed and delivered, the individual must wait for a hearing date to be set. The court will issue a summons to the defendant, and notify the individual that the motion has been accepted. If the defendant fails to appear at the hearing, the individual can request a default judgment. Before the hearing, the individual should prepare evidence and witnesses to support their claim. This includes gathering documents, witnesses, and other relevant evidence. At the hearing, the individual will present their case, witnesses will be heard, and the court will make a decision. The court’s decision is final and binding.

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