Indiana > Local County > Hendricks > Small Claims
Notice Of Claim 1-SCE - Indiana
| Notice Of Claim Form. This is a Indiana form and can be used in Small Claims Hendricks Local County . |
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Plaintiff: Name_____________________________________ Address___________________________________ City/State______________________Zip_________ Are you Incorporated:_______ _________ Yes No Against SMALL CLAIMS HENDRICKS SUPERIOR COURT NO. _____ MAIL CLAIM TO: CLERKS OFFICE 51 West Main Street, Suite 104 DANVILLE, IN 46122 Clerk-Telephone No. (317) 745-9231 Case No. 32D05-________-SC-___________ Defendant: Name_____________________________________ Address___________________________________ City/State______________________Zip_________ TO THE DEFENDANT: Service By: Sheriff of ________________County Certified Mail NOTICE OF CLAIM You have been sued by the Plaintiff whose name appears above. You must appear in the Hendricks Superior Court No. _____ in person or with your lawyer on ________________________, 20____, at __________o'clock ____.m. for a Small Claims Trial. The Plaintiff may be given default judgment against you if you fail to appear at that time. The Plaintiff's Claim is for: ______ Account, Note or Contract (a copy must be attached) ______ Wages ______ Rent ______ Other (Specify) A brief Statement of the nature of the Plaintiff's claim against you is as follows: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________. The Plaintiff demands judgment against the Defendant for $_______________, plus interest from _____________________, 20____, at the rate of ________%, and the court costs (filing fee). I affirm under the penalties of perjury that the foregoing representations are true and correct to the best of my knowledge and belief. _____________________________________________ IF FILED BY A LAWYER: Signature of Plaintiff (or lawyer) Name:___________________________________ Firm:____________________________________ Address:_________________________________ ________________________________________ Phone: (_____) ___________________________ IMPORTANT INFORMATION CONCERNING THIS CLAIM 1) Either the Plaintiff or the Defendant may represent themselves individually or be represented by a lawyer. The Plaintiff should and the Defendant must bring to the trial all documents in their possession or under their control concerning this claim., plus copies for opposing party. 2) If the Defendant does not wish to dispute the Plaintiff's claim, he may still appear for the purpose of allowing the Court to establish the method by which the judgment shall be paid. 3) Any request for a change of the trial date by either party should be directed, in writing, to the Court listed above at the address listed. 4) A default judgment may be entered against the Defendant if he fails to appear at the trial, and if the Plaintiff fails to appear, the case may be dismissed subject to being once re-filed. 5) The Defendant must provide the Court and the Plaintiff with a written statement of any Counter-Claim arising out of the Plaintiff's claim at least seven (7) calendar days before the trial. 6) If a settlement of this claim is made out of court, it shall be in writing and signed by the Plaintiff and Defendant. Forms for settlement may be obtained from the Court or the Self-Help Office on the first floor of the Hendricks County Courthouse. The settlement shall be filed with the Clerk, and, upon approval of the Court, it shall be entered in the Small Claims Judgment Docket and shall have the same effect as a judgment of the Court. American LegalNet, Inc. www.FormsWorkFlow.com 7) The filing of a Small Claim is deemed a waiver of trial by jury. The Defendant may, not later than ten (10) days following service of the Notice of Claim, demand a jury trial by filing an affidavit stating that there are questions of fact requiring a jury trial, specifying those questions of fact, and stating that the demand is made in good faith. Upon Defendant depositing the statutory transfer fee with the County Clerk, the case will be transferred to the Plenary Docket. It may then be necessary for both parties to obtain lawyers. CERTIFICATE OF MAILING I certify that on the ______day of ____________________, 20____, I mailed a copy of this Notice of Claim to each of the Defendant(s) by (registered or certified) mail requesting a return receipt signed by the addressee only, addressed to each of said Defendant(s), at the address furnished by the Plaintiff. Dated this _____day of ___________________, 20___. _________________________________________________ CLERK, HENDRICKS COUNTY RETURN OF SERVICE OF NOTICE OF CLAIM BY MAIL I hereby certify that service of Notice of Claim with return receipt was mailed on the _____day of _______________________, 20___, and that a copy of the return receipt was received by me on the ____day of _______________________, 20___, which copy is attached herewith. Dated this _____day of _____________________, 20___. _________________________________________________ CLERK, HENDRICKS COUNTY CERTIFICATE OF CLERK OF NOTICE OF CLAIM NOT ACCEPTED BY MAIL I hereby certify that on the _____day of ________________________, 20___, I mailed a copy of this Notice of Claim to each of the Defendant(s) by (registered or certified) mail, and the same was returned without acceptance this _____day of ____________________, 20___, and I did deliver said Notice of Claim to the Sheriff of ___________________County, Indiana. Dated this _____day of _____________________, 20___. _________________________________________________ CLERK, HENDRICKS COUNTY SHERIFF'S RETURN ON NOTICE OF CLAIM This Notice of Claim came to hand on the _____day of ___________________, 20___, and I served the same on the _____day of _____________________, 20___. By delivering a copy of Notice of Claim personally to:______________________________ , By leaving a copy of the Notice of Claim at ___________________________________ the dwelling or usual place of abode of Defendant:__________________________________________. And by sending a copy by First Class Mail to Defendant's address. By serving Defendant's agent as provided by rule, statute, or valid agreement, to-wit:_______________________________________________________________________________. Defendant cannot be found in my bailiwick and Notice of Claim was not served. And now I return this writ this _
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