How do I obtain a default judgment in a small claims court case?
In Indiana, obtaining a default judgment in a small claims court case is a two-step process. The first step is to provide the court with a properly completed “Request for Default Judgment” form. This form must include a statement of the amount of money that the plaintiff is requesting to be repaid and must also be signed and properly notarized. The second step is to provide the court with an affidavit that details the plaintiff’s damages, which must include the amount of money that the plaintiff is seeking and how it was calculated. This affidavit must also be signed and properly notarized. Once these forms have been filed with the court, the defendant will have the opportunity to respond and argue their case. If they fail to respond, the court will move to grant the plaintiff a default judgment. The court will then order the defendant to pay the plaintiff the amount requested in the original Request for Default Judgment form. If the defendant does respond, the court will typically hold a hearing. At this time, the plaintiff and the defendant will have the opportunity to present their case to the judge and the judge will decide whether a default judgment should be granted. If the judge grants the default judgment, they will issue an order outlining the amount of money that the defendant must pay to the plaintiff. In either case, if the defendant fails to pay the amount due, the plaintiff may request to have the debt enforced through collection proceedings. This may include wage garnishment or other court-ordered procedures.
Related FAQs
How do I find out the status of my small claims court case?How do I file an answer to a complaint filed in small claims court?
How do I write an answer to a summons in a small claims court case?
What happens if a judgment is not paid in small claims court?
When is the plaintiff's evidence due in a small claims court hearing?
What is the difference between a motion for judgment and a motion for new trial in small claims court?
Is there a limit on the amount of money I can collect in a small claims court case?
Who can testify in a small claims court case?
Are there any restrictions on the type of evidence I can submit in a small claims court case?
What is the maximum claim amount in small claims court?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing 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