As of October 1, 2012, the civil department of the Merrillville Town Court will no longer accept new filings.  All existing judgements will be enforced.

 

Instructions for Filing a Small Clam

When filing for a small claim in the Small Claims Division of the Merrillville Town Court, remember:

1. Although it is not required that you have an attorney with you when filing your claim or at trial, you may hire an attorney to represent you if you wish. If the claim of the counterclaim against a corporation exceeds $1500.00 the corporation must be represented by an attorney.
   
   
2. You must file your claim in the county where the transaction or the occurrence took place, where the obligation incurred or is to be performed of where the defendant resides of has his/her place of employment.
   
   
3. At the time you file your claim, you will be required to pay court cost in advance. The defendant may be ordered to repay this money to you if you win the case, but not if you lose.
   
   
4. The Claim must be filed with the Clerk of Merrillville Civil Court, at the Merrillville Municipal Complex, between the hours of 8:30-12:00 AM and 1:00-4:00 PM Monday through Friday.
   
   Please be aware, however, that the court is not available for questions of scheduling before 9:00 AM of after 4:00 PM Monday through Friday.
   
   
5. You must know the correct name, address and telephone number of the defendant. Be sure you are suing the person responsible for your claim.
   
   
6. You cannot request more than three thousand dollars ($3000.00). If you are entitled to more than three thousand dollars ($3000.00) you automatically give up your right to the amount over three thousand dollars ($3000.00) if you file your claim in Merrillville Civil Court.
   
   
7. If you are suing on an account of contract, you must give the Clerk one copy for the courts records and, also, one copy for each defendant. Keep the original for yourself. If you do not have a copy of the contract, it will not prevent you from filing a claim.
   
   If this claim is an eviction and a lease is not filed with the Clerk at the time of filing it will not be allowed to be presented during court proceedings. Do not file the claim if you need to "find the lease" it needs to be reviewed by the judge before court begins not during court.
   
   
8. State your claim clearly and briefly. You will have an opportunity to explain your claim more fully in court.
   
   
9. Claim only those precise money damages that you believe you can prove in court.
   
   
10. If, after you have filed your claim but before trial, you and the defendant agree to settle the claim, the settlement should be in writing and signed by you and the defendant. The settlement agreement should be filed with the court. Settlement forms are available at the court upon request.
    
    
11. If the defendant requests and is granted a jury trial, all formal rules will apply. In such case, it would be advisable that you contact an attorney.
    
    
12. The defendant may believe he/she has a claim against you and may file a counterclaim with the court. Both claims will be decided at the same trial only if the counterclaim does not exceed three thousand dollars ($3000.00). You will be notified of the counterclaim at lease seven (7) days before trial. If you do not receive this notice at least seven (7) days before trial you may ask for a continuance.
    
    
13. You will be notified of the date, time, and place of the trial. Be sure to arrive on time, if you are not there when your case is called it may be dismissed.
    
    
14. Be prepared to prove your case and bring all of your evidence and witnesses with you when you come to court. There are no technical or formal rules to follow. The judge may ask questions to you of the defendant.
    
    
15. You will be notified of the judge's ruling in your case either immediately after your trial of within ninety (90) days after the trial.
    
    
16. The decision of the court may be appealed to the Indiana Courts of Appeals. However, you will lose your right to appeal unless you take specific written action in the court within thirty (30) days after the judgment is entered. Consultation with an attorney is highly recommended if an appeal is desired, as the rules governing such appeals are complicated and strictly enforced, unlike trials in Small Claims Court.
    
    If you do not consult an attorney, you may ask the court only for procedural assistance, as the court cannot provide legal assistance.
    
    
17. If you have questions about the procedure for filing of resolving your claim, ask the Clerk for assistance.
    
    However, if you need legal advice, you must consult an attorney.