What are Indiana Small Claims Cases and Class Action Lawsuits?

In Indiana, small claims lawsuits are cases of civil litigation concerning contract breaches or legal obligations. In the state, the offended person can demand up to $8,000. Similar to most states in the country, these cases are handled by a county small claims court in Indiana. Small claims lawsuits are filed based on the contract type. These are written & oral contracts, injury damage, and property damage. The Small Claims Court enables all residents to present a lawsuit informally. These courts were generally established to have a speedy, uncomplicated, and inexpensive means of determining the claim. Court proceedings concerning small claims in Indiana are disclosed in the Indiana small claims rules.

On the other hand, class action lawsuits are small claims or trials filed by a group of individuals led by a class action attorney. This type of case is fileable at any federal or state court in Indiana. The litigants have to prove that the defendant broke the law, while the court is responsible for certifying the class and evaluating the proposed claim’s legality. Any person is entitled to file a class action so long as the fundamental requirements are met.

What is a Class Action Lawsuit in Indiana?

In Indiana, class action lawsuits are legal methods that enable many individuals with small claims to pool resources and bring civil actions against a company. This is a case where multiple plaintiffs present similar injury claims against a company believed to have perpetrated pervasive or systemic abuse. This type of lawsuit is covered under US federal law. Therefore, class action suits are filed in the state’s federal courts. The laws that guide class action court proceedings are stated in the Federal Rules of Civil Procedure Rule 23.

The following are some common class action suits in Indiana:

• Consumer fraud and deception
• Identity theft
• Consumer protection act (telephone)
• Insurance bad faith practices
• Hidden fees
• Antitrust violations and price-fixing
• Predatory lending
• Defective or harmful products
• Investment & securities fraud
• Environmental disasters

How do I File a Claim in an Indiana Small Claims Court?

To file a small claims action in Indiana, the litigant is typically required to adhere to the following rules:

• The litigant is expected to obtain and complete multiple Notice of Claim forms. Interested persons can get these forms from the clerk's office at no cost. The party should clearly and briefly state the amount and nature of the claim. Once a trial date is set, additional evidence may be presented in court. 
• In some cases, the plaintiff is expected to provide the defendant’s name, phone number, and address to the court clerk. For example, if the dispute arises from an automobile accident, the claim should be filed against the other vehicle's driver rather than the insurance company.
• Interested parties should also be aware that they will need to cover the filing fee at the initial stage. However, if the plaintiff prevails, the defendant is generally required to reimburse these costs.

Interested parties should be aware that they have to choose the correct courthouse or venue to file the suit. Otherwise, the defense party can ask the court to dismiss the claim. The appropriate county location to file a lawsuit in Indiana can be any of the following:

• Where the accused works or lives
• The area where the incident or transaction took place
• Where the obligation was to be executed by the other party or where it was made
• In the region or county where the property is (for landlord and tenant cases)

Other documents needed when filing a suit include leases, canceled checks, photos of destroyed goods, any signed contracts, warranties, and more. Pursuant to The Indiana Statute of Limitation (IN Code sect. 35–41–4–2), written contract suits have a deadline of 10 years.

Do I Need a Small Claims Lawyer?

In Indiana, the small claims court does not require an individual to employ an attorney. However, the petitioner may hire a lawyer if desired; it is unlikely that the litigant will get the defendant to pay the legal fees even after winning. This is usually the case if there is an agreement to that effect. 

How do Class Action Lawsuits Work in Indiana?

The following are the basic steps to take when filing a class-action lawsuit in Indiana:

• The legal advisors of the plaintiffs are expected to complete and submit a complaint to the court.
• A class certification is usually required from all the involved plaintiffs. Deciding to join the class action means the members no longer have the right to file a single-party action against the accused. For the class certification, the plaintiffs are expected to meet certain requirements. This typically includes (1) the number of the plaintiffs, (2) the commonality & legality of the claim (3) the lead plaintiffs or representatives should protect the interests of the entire group.
• After the class is certified, the litigation process begins. Following the discovery and pretrial motions, both parties usually start settlement negotiations. The settlement may then be shared among the plaintiffs and representatives.

Is a Class Action Better Than a Single Party Suit?

Yes, class action lawsuits are more successful in Indiana than private suits. However, both have their advantages and disadvantages. One significant disadvantage of class action lawsuits is that not all the plaintiffs have a say over the situation. The lead plaintiffs and the representatives are the ones who make most of the decisions. However, below are some of the advantages of class action lawsuits:

• Cheaper to Litigate
• The odds for financial recovery are higher
• A better level of uniformity, hence a more convincing case
• Litigation opportunity for everyone
• Representation by a more credible lawyer
• Greater Efficiency in terms of verdict consistency

Indiana public records may also be accessed through third-party websites. These sites generally expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Indiana?

Indiana County small claims courts are constitutionally empowered to hear and resolve small civil cases. Per the Indiana small claims manual these cases typically have a dollar limit of $8,000. Some examples of cases heard in Indiana small claims courts generally include:

• Eviction cases
• Damage to personal property
• Breach of contract
• Landlord & tenant emergency possessory actions (Indiana code 32–31–6)
• When a tenant breaches a lease agreement
• Return of money paid for poor work or a property obtained illegally
• Work valued at eight thousand dollars ($8,000.00) or less
• When an individual fails to pay for services rendered by another person