Bill for Marion County small claims fund passes IN Senate Tax and Fiscal Policy Committee
A proposed bill that would establish a fund for Marion County’s nine small claims courts unanimously passed the Senate Tax and Fiscal Policy Committee Tuesday.
Small Claims
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178 Hoosier law firms received PPP money
Indiana law firms are included among the thousands of Hoosier businesses and nonprofits that have received money through the federal Paycheck Protection Program according to data released Monday by the U.S. Small Business Administration. We have the recipients in a searchable database.
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Coronavirus update: Indiana Supreme Court issues 5 orders giving flexibility
Cases handled by the Marion County Prosecutor’s Office continue to be rescheduled or continued as the Indianapolis courts adjust operations in response to the novel coronavirus pandemic.
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Articles
Court of Appeals to hear oral arguments for recycling facility permit, small claims cases
The Indiana Court of Appeals will hold oral arguments July 22 for cases involving a Monroe County permitting dispute and a small claims lawsuit regarding a loan-payoff statement.
Landlord showed ‘procedural bad faith’ in appeal, COA rules in remanding for award of attorney fees
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
Hoosiers gave ‘Zoom court’ high marks
For thousands of Hoosiers undergoing civil proceedings during the COVID-19 pandemic, remote hearings or “Zoom court” allowed them to attend safely and conveniently.
COA dismisses company’s appeal in default judgment case, finding it wasn’t a party of record
A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
Property management company wins reversal in bid for interest on attorney fees
A small claims court erred in excluding attorney fees from an award of post-judgment interest, the Court of Appeals of Indiana has ruled.
Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms
Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.
COA Judge Altice tapped to be liaison to small claims courts
Judge Robert Altice of the Court of Appeals of Indiana has been appointed as a liaison from the state’s appellate courts to work with and support the Marion County Small Claims Courts.
Appellate court again declines to pierce corporate veil on rehearing
An Indianapolis man who won $3,000 in a small claims dispute with a fencing company but lost in his bid to pierce the corporate veil has also lost his arguments on appellate rehearing.
COA: Moving company failed to exercise ordinary care to evictee for stolen items
A moving company failed to exercise a duty of ordinary care to a woman whose belongings were stolen after she was evicted from her home, the Court of Appeals of Indiana has ruled.
COA affirms $3K judgment against fence installation company, declines to pierce corporate veil
An Indianapolis man who was awarded $3,000 in a small claims dispute with a fence installation company has failed in convince the Court of Appeals of Indiana that the corporate veil should have been pierced in his case.
Multimillion-dollar lawsuit against Indianapolis apartment complex can proceed, COA rules
A pro se litigant who filed a $2.5 million lawsuit in Marion Superior Court using a small claims form will be able to seek damages from her landlord after the Court of Appeals of Indiana found res judicata did not bar all her claims.
COA affirms denial of $8K attorney fee award in small claims case
The Indiana Court of Appeals has affirmed the denial of a man’s request for $8,000 in attorney fees in a small claims case after roughly $350 was deducted from his paychecks for damaging a client’s property.
Feedback sought on proposed amendments to Indiana Rules of Court
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.
COA reinstates small claims case after COVID cancelation of vacation
A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.
Advocates, landlords have differing views of housing bill veto override
Legal aid providers are uncertain what will happen now that the Indiana General Assembly has enacted a law that is seen as giving more favor to landlords, but they fear it will exacerbate the growing problem of evictions in Indiana and lead to more families being put on the street.
New Indiana case code tracking evictions as data shows impact of moratoriums
A new code in Indiana’s case numbering system is enabling the courts, state agencies and other entities to track and tally the petitions filed for evictions. But fresh data tracking trends nationwide shows evictions in Indiana are far surpassing numbers of other states being studied.
Settlement program offers alternative to eviction
As the uncertainty continues over how many struggling Hoosiers could be evicted in the coming months, the Indiana Supreme Court is trying through the new Landlord and Tenant Settlement Conference Program to prevent housing loss and all the bad ramifications that can ensue by inviting landlords and tenants to first have a conversation.
Settlement program aims to reduce eviction filings
The Indiana Supreme Court is launching a new mediation program to help stem the anticipated flood of evictions by facilitating settlement agreements between tenants facing eviction and landlords trying to collect rent.
Moratorium extended as landlords, tenants encouraged to avoid evictions
As Gov. Eric Holcomb extended the moratorium on evictions and foreclosures until mid-August, Indiana state courts increased their calls for residents and property owners to start trying to work out agreements that will keep families in their homes.