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3 Reasons Why Small Claims Court Might Be Your Best Option

     Most people think that the legal system is for the rich. This belief has led many people to underutilize a very important legal tool – the Small Claims Court. When people think of Small Claims Court, images of a snarling Judge Judy often come to mind. To the contrary, Small Claims Courts are much different than what you see on TV. Here are 3 main reasons why Small Claims Court might be a useful option to solving your legal problem.
   
     In Indiana, filing a case in Small Claims Court is proper when your damages do not exceed $6,000. Small Claims Courts are intended to dispose of claims when the damages are not great. This makes small claims courts ideal for resolving landlord/tenant disputes or low damage claims for defective goods or services.

     In Indiana, a small claim action can be brought with relative ease without the use of a lawyer. A person may appear pro se (without a lawyer) in any small claims proceeding. A sole proprietor or partnership may appear by a designated full-time employee of the business in the presentation or defense of claims arising out of the business, if the claim does not exceed one thousand five hundred dollars ($1,500.00).  Claims exceeding one thousand five hundred dollars ($1,500.00) must either be defended or presented by counsel or pro se by the sole proprietor or a partner. All corporate entities, Limited Liability Companies (LLC's), and Limited Liability Partnerships (LLP's) may appear by a designated full-time employee of the corporate entity in the presentation or defense of claims arising out of the business if the claim does not exceed one thousand five hundred dollars ($1,500.00). However, claims exceeding one thousand five hundred dollars ($1,500.00) must be defended or presented by counsel. A party need only file an unverified notice of claim that contains a brief statement of the nature and amount of the claim. In most cases, the clerk’s office will assist you in filling out the notice of claim. By not hiring a lawyer, you avoid legal fees.    

     Due to the number of jury trials requested by litigants, the court dockets in most states are backlogged. Most cases twist and turn their way through the court system for years. This delay can be costly and mentally taxing. Indiana Small Claims Court do not have jury trials unless you request one. Also, if the defendant makes a jury trial request within ten (10) days after receiving your notice of claim, a jury trial may be granted. Most of the time, the parties in Small Claims Court choose to waive their rights to jury trials, which leads to speedy resolution of claims. Most Small Claims cases are resolved within six (6) months.

     In short, you do not have to be rich to utilize the legal system to solve your problems. Small Claims Court is a perfect tool to resolve minor problems in a cost efficient manner.  

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