Sec. 4. (a) This section applies after June 30, 2021.

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Terms Used In Indiana Code 33-28-3-4

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7. Amended by P.L.162-2020, SEC.7; P.L.125-2021, SEC.1.