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ABOUT THE COURT

Before you File a Claim
Where to File a Claim
Landlord and Tenant Information
Preparing your Case for Trial
Filing a Small Claims Action
Time Limits for Filing a Claim
Judgment, Settlement, and Appeals
Court Location

Before You File a Claim

Center Township Small Claims Court of Marion County, Indiana has the authority to hear cases within its jurisdiction.  Citizens may file a small claims action without an attorney.  Center Township Court provides an informal setting for individuals and businesses to resolve their legal disputes.  If a party wishes to hire an attorney, please note that legal fees may not be recoverable unless there is a written agreement between the parties addressing legal fees.

The procedures of Center Township Court are not complex and are designed to encourage speedy and reasonable results of legal disputes.  Typically, judgments are issued the same day as evidence and testimony are presented to the court. Some judgments are taken under advisement for a decision to be issued within a sensible time period.

Where to File a Claim

The proper venue (or location) for a case filed in the small claims court shall be in the county:

  1. Where the transaction or occurrence took place.
  2. Where the obligation was incurred or is to be performed.
  3. Where a defendant resides or is employed at the time the complaint is filed.

In manners involving landlord and tenant matters, the claim must be filed in the township where the real estate is located, unless there is no small claims court in that township.

For case information, please visit mycase.in.gov and select Marion County – Center Township as your location. You must then select the “Civil, Family & Probate Case Records” option.

  Time Limits for Filing a Claim

Before filing your lawsuit, you must make sure that you are within the time period in which to file your action. Please note the following time limits:

    • 2 years – personal Injury and damage to personal property
    • 4 years – contract for the sale of goods (written or oral)
    • 6 years – accounts as well as oral contracts  other than the  sell of goods; rents and other real estate, recovery of personal property and promissory.

Judgment, Settlement, and Appeals

The Judge will make a decision at the end of a hearing or take the matter under advisement for a reasonable amount of time.  Settlement between the parties is strongly encouraged by the Court.  The parties should reduce their agreement to writing; all parties must sign the agreement; and file the document with the court.

Continuances, or postponement, of legal matters will only be granted if good cause for the continuance can be shown.  Typically, no party shall be granted no more than one (1) continuance each case and (2) requires the approval of the Center Township court Judge. Unless advised by the Judge or court staff that the matter has been continued, parties should appear at all hearings or trials.

If either party is not satisfied with the Court’s judgment, an appeal of the judgment must be within sixty (60) days of the decision to the Marion County Superior Court.  The party may contact the Center Township Court staff, or an attorney, about procedures for appealing a court judgment.   Due to the strict rules for appeals, the party seeking an appeal should consult with an attorney as soon as possible.

If the Defendant fails to appear at the time specified by the Notice of Claim, the court may enter a default Judgment against the defendant.  If the Plaintiff fails to appear at the time specified, the court may dismiss the cause of action without prejudice.

For more detailed information about Small Claims Courts in Indiana, you can visit
Indiana Small Claims Manual

Small Claims Litigants’ Manual – English
Small Claims Litigants’ Manual – Spanish

 

Court Location

CENTER TOWNSHIP of MARION COUNTY
SMALL CLAIMS COURT
Julia M. Carson Government Center
300 E. Fall Creek Parkway N. Drive, Suite 130
Indianapolis, IN 46205
Pho: (317) 920-4530
Fax:  (317) 920-4534