what should i do to file a case in small claims court in indiana?

Answer 1

Generally, before you file a claim in small claims court you are required to send a demand letter to the person(s) who you are trying to seek remedy from. You must give them 10 days from the receipt of the letter to comply with your demand. Let them know that if they don't comply they may be liable for your court fees.

You should first contact your county courthouse to find out who's court you would need to file with. You will file in the area where the incident occured. Next, you will file your "law suit" with the judges office with a check, usually for around $50-60. In a couple of months they will contact you to go to court. They may ask if you will go into mediation (where both sides try to come to a solution) but you may/may not have to agree to do that.

Be sure you have all your paperwork in order, including any evidence and especially a copy of the demand letter you sent. Be sure to send the letter certified, return receipt requested. Also, another trick is to send the letter through regular mail. If they suspect that they are being sued they may not go through the trouble of signing for a certified letter, however, they will always bring all mail delivered to their mail box indoors. And, they will always read the letter. Make sure when you send the letter that it is a copy of the registered letter with the words "COPY" printed in big letters on the bottom. Make a copy of it so the judge knows that you sent two copies to them. That way they can't deny that they knew anything about the case.