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IMPORTANT INFORMATION ABOUT THIS CLAIM
1. INDIANA HAS A FREE LANDLORD/TENANT SETTLEMENT PROGRAM. Landlords and
Tenants can request to use the settlement program at https://www.in.gov/courts/selfservice/facilitate/
.
If a settlement is made out of court, it should be in writing and signed by the Plaintiff and Defendant. The
written settlement needs to be given to the court and it will have the same effect as a judgment given by
the court.
2. You can represent yourself in court, or you can have an attorney represent you.
3. A small claims manual and court rules can be found at:
https://www.in.gov/courts/publications/small-
claims-manual/
4. Bring all documents and witnesses that you want the court to see to the hearing with you.
5. If the Defendant does not show up for a court date, a decision may be made against them (default
judgment). If a Petitioner does not show up, the case may be dismissed. However, the Petitioner may be
able to file it again.
6. Even if a Defendant agrees that what the Petitioner has said is true, a Defendant may still want to show
up for hearing to help decide on how payment will be made.
7. If you cannot go to court on a hearing date you will need to ask the court for a new date by filing a
Motion to Continue. You should file the motion as soon as possible. The court may or may not grant the
motion.
8. If the Defendant has a claim against the Plaintiff, the Defendant may want to file a counterclaim. It has
to be filed with the court early enough so that the Plaintiff receives it at least seven (7) days before the
hearing.
RETURN OF SUMMONS CERTIFICATE OF MAILING (If applicable)
I hereby certify that on ________________________________________ I mailed a copy of this Notice of
Claim to each of the defendants
______________________________________________________________________________ by certified mail
requesting a return receipt signed by the addressee only, addressed to each of said defendants
________________________________________________________
at the addresses furnished by the Plaintiff.
Date: ________________________________ ____________________________________
Clerk
RETURN BY SHERIFF OR OTHER PERSON OF SUMMONS (If applicable)
I hereby certify that on the below date:
☐ I served this Notice of Claim for Possession, Rent Due and Damages by delivering a copy to the
Defendant;
☐ I served this Notice of Claim for Possession, Rent Due and Damages by leaving a copy:
☐ at the dwelling or usual place of abode of Defendant;
☐ with a person of suitable age and discretion residing therein, namely
____________________________________________________;
☐ and by mailing a copy of this Notice of Claim for Possession, Rent Due and Damages to the Defendant,
by first class mail, to the address listed on the Notice of Claim for Possession, Rent Due and Damages
(date copy mailed if different from below: ____________________________________________________)
☐ I was unable to serve this Notice of Claim for Possession, Rent Due and Damages because
_____________________________________________________________________.
Date: ________________________________ ____________________________________
Sheriff of _________________ County
By: ________________________________
