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How to File a Small Claims Suit

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Clerk's Office
Clerk: Debra Berry


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SMALL CLAIMS / TRAFFIC

Traffic fines

For information on the Wayne County Prosecutor's Infraction Deferral Program call (765) 973-9406.

Use only Cashier's Check or Money Order Payable to Clerk of Wayne County Courts
(No personal Checks) (Cash allowed if paying at office) or Pay your traffic fines online
at Doxpop Fine Payment Website

At the Doxpop fine payment website, you are able to view your payment amount as well as pay the fine online. If you choose another form of payment (such as paying at the Courthouse or through the mail) simply close out of the website

Adult Seat Belt Violations: $ 25.00 Speeding
1-15 over limit:: $ 125.00 total
16-25 over limit: $ 130.00 total
26 or + over limit: $ 140.00 total
Any other traffic infraction: $125.00 total

Construction Zone or Work Site Area:
1st Offense-add $300.00
1 Prior w/in last 3 yrs-add $500.00
2 or more Priors w/in last 3 yrs-add $1,000.00
Littering: $125.00 total
Any other non-traffic infraction: $125.00

Please Note: For Driving While Suspended, and No Insurance, the BMV will suspend your license or right to drive in Indiana.

If you wish to plead "not guilty" then you must appear on the date on your ticket.

If you wish to plead "guilty", you do not need to appear in court, simply enclose your signed ticket and payment and deliver to Clerk's office, on or before the date on your ticket.

How to File a Small Claims Suit

Small Claims can be filed up to $6,000.00. The forms will be sent out by the Sheriff's Office unless specifically requesting service by Certified mail. (If service by the Sheriff's Office, 4 Summons must accompany the complaint for each defendant.) The filing fee is $81.00 cash or money order for 1 defendant, an additional $10.00 for each added defendant. Also, an additional $13.00 fee for Service by Sheriff of Wayne County. NO CHECKS. (Money orders must be made payable to the Clerk of Wayne County.)

If you are a Corporation, we must have a Resolution on file. (These may be obtained in Small Claims office.) The person named on your resolution form may appear for your corporation for any claim up to $1,500.00. Any claim over $1,500.00 must be handled by your attorney.

The filing fees, etc. are in addition to the amount sued for. The person who signs the claim is the person who will be expected to appear in Court, if the claim goes to a hearing, unless you have an attorney. The forms enclosed are for suing for amounts of money owed. If you are seeking rent and possession of real estate, or the return of some specific property, (furniture, etc.) those require different forms. Since you did not specify those, we are sending the Small Claims forms.

When filing your claim, we need a copy of the claim for the Court and one for each defendant you are suing. (If you sue two people, we need three copies made out exactly alike.) You may make copies. Any information to be attached to the claim should also have copies made and a set must accompany each claim form.

Please sign a Petition for Entry of Default form for your claim.

Once the papers are filed, and we know we have good service (we know they received their papers), the defendant is given 23 days to come in and say whether they owe the bill or not. If they do, they can sign a Confessed Judgment and set up payment arrangements. If they do not feel they owe it, they can ask for a hearing, and a hearing date will be set and you will receive a notice of hearing and you should come on that date with whatever evidence you have to prove your claim. If the defendant does not come in at all, and we know he received his papers, you will receive a Default Judgment.

Once you receive a Judgment and have not received payment, you garnishee his wages. To do this you must know his current address. If you know defendants place of employment you must have employer's address. Or, if you do not wish to garnishee his wage, the only other way to collect the amount owed is to file an Execution. That is when the Sheriff takes paperwork we supply, after you have signed our Execution Book, and checks to see if the Defendant owns anything free and clear over a certain amount. If they do, he is to take it and sell it to satisfy the Judgment. This is not always successful. Your Judgment is good for 10 years, but you are responsible for keeping track of the defendant, if you want to collect. The Court does not go out and collect for you.

NUMBER OF COPIES NEEDED PER CLAIM:

Form
1 Person
2 Persons
Each Additional Person
Summons
(Only if you wish Sheriff to deliver)
4
8
+4
Small Claims Appendix A
(Affidavit of Debt)
1
1
-
Small Claims Form
2
3
+1
Petition for Default
1
-
-
Copies of bills, etc.
2
3
+1 set
Motion for Pro Sup
2
4
-
Ans. to Interrog
2
4
-
Order to Appear
3
6
-
Notice of Hearing
3
4
-
Affidavit For Immediate Possession
2
3
-
Complaint Possession for Non Payment of Rent
2
3
-
Copies of Lease or Agreement
2
3
-
Order to Appear-Replevin
3
4
-

Action in Replevin

2
3
-
Affidavit for Delivery-Replevin
2
3
-

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Revised 11/06/2013 11:49 Copyright Wayne County Government