Is there a deadline for filing a claim in small claims court?
Yes, there is a deadline for filing a claim in Small Claims Court in Indiana. All claims must be filed within two years from the date the cause of action arose, unless it is an eviction action, in which case it must be filed within one year. Cases must also be filed within two years after the date of the last prior payment, or the date of the last voluntary acknowledgment of the obligation by the defendant. In Indiana, small claims court is a way for people, businesses, or organizations to resolve disputes without legal representation. It is not a forum for criminal cases and the parties involved represent themselves. A claim can be filed for a certain amount of money, up to $15,000. People filing a small claims case must fill out a form and pay a filing fee. If a claim is not filed within the two-year period, Indiana law states that the claim is barred, meaning the court cannot hear it. This rule may also apply to any other legally enforceable claims, such as property damage, eviction, consumer loan, or contract disputes. If someone has waited more than two years and would like to pursue a claim, they may be required to file a laches defense that would exempt them from the deadline. However, it is highly recommended that claimants file their claim as soon as possible to increase their chances of a successful outcome.
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