Notice Of Claim For Possession And Rent Due

HAMILTON SUPERIOR COURT 5 One Hamilton County Square, Suite 297 Noblesville, Indiana 46060-2231 Telephone: (317) 776-8260 website: www.state.in.us/hcc/ Plaintiff 1 ___________________________________ Plaintiff 2 ___________________________________ Address line 1 ________________________________ Address line 2 ________________________________ City _____________________State ____ Zip________ Telephone ( ) CAUSE NO. 29D05-_____________-SC-______________ Plaintiff requests service by: ___ Sheriff of _____________________________ County ___ Certified mail vs. Defendant 1 ________________________ ____________ Address line 1____________________________________ Address line 2 ___________________________________ City ______________________State _____ Zip_________ If Plaintiff is represented by an attorney: Attorney _____________________________________ Attorney number ______________________________ Address line 1 ________________________________ Address line 2 ________________________________ City _____________________State ____ Zip________ Telephone ( ) Defendant 2 ____________________________________ Address line 1 ___________________________________ Address line 2 ___________________________________ City ______________________State _____ Zip_________ Telephone ( ) TO THE DEFENDANT(S): You have been sued by the Plaintiff as set out below. You must appear in the Hamilton Superior Court No. 5 in person or with your attorney on ____________________ to contest the claim for eviction, past-due rent, and damages. NOTICE OF CLAIM FOR POSSESSION AND RENT DUE On or about ___________________, the plaintiff rented to the said defendant(s) property at __________________ ____________________________________________ for a term of _________ days/months/years. The defendant(s) agreed to pay rent at $_____________ per _________________, payable in advance on the __________ day of each ___________________. Rent is now past due in the amount of $_____________________, and the defendant(s) remain in possession. Defendant(s) have otherwise violated the lease as follows: ____________________________ ______________________________________________________________________________________________ WHEREFORE, plaintiff demands judgment for the immediate possession of said premises and $___________ and court costs of this action. Date: ____________________ NOTICE This claim is a demand for the possession of the above property. If any past-due rent remains unpaid 10 days after your receipt of this claim, you will be subject to immediate eviction. Payment of all past-due rent within this period may be a defense to eviction in some cases. (See important information on reverse side) Rev. 11/05 word.evictcomp American LegalNet, Inc. www.USCourtForms.com ___________________________________(Plaintiff) IMPORTANT INFORMATION CONCERNING THIS CLAIM 1. The Plaintiff or the Defendant may represent themselves individually or be represented by an attorney. A Small Claims Litigant's Handbook is available at the offices of the Clerk or Court (or at the website at www.state.in.us/hcc/) for each party's benefit. The Plaintiff and Defendant should bring to trial all documents in their possession or under their control concerning this claim. Time does not permit trials in every case set on the first trial setting. Therefore, trials will be held as needed in eviction cases and such other cases where both parties are prepared for trial and time allows. 2. A default judgment may be entered against the Defendant if he or she fails to appear for a trial date, and if the Plaintiff fails to appear, the case will be dismissed (but may be refiled once more). 3. If the Defendant does not wish to dispute the Plaintiff's claim, the Defendant still may wish to appear to allow the Court to establish the method for paying the judgment. 4. Any request for a continuance of a trial date by either party should be filed with the Court at least five days before the hearing date. Forms requesting a continuance are available at the Court's office or on the website. The party requesting a continuance must contact the other party regarding the request. 5. Any counterclaim against the Plaintiff must be filed with the Clerk in time to be mailed to and received by the Plaintiff at least seven calendar days before the trial. Forms are available for this purpose. 6. If a settlement of this claim is made out of Court, it should be in writing and signed by the Plaintiff and Defendant. Settlement forms may be obtained from the Court or from the website. The settlement shall be filed with the Court and will be entered in the Small Claims Docket and shall have the same effect as a judgment of the Court. 7. The filing of a Small Claim waives the Plaintiff's right to trial by jury. The Defendant may, no later than 10 days following service of the Notice of Claim, make a demand for a trial by jury in writing, in accordance with Indiana Code 33-29-2-7. If a jury trial request has been granted, it may not be withdrawn without consent of both parties. Both parties should then obtain attorneys. The Defendant must pay a $70 fee at the Clerk' s Office within 10 days after the jury request has been granted; otherwise, the Defendant gives up the right to a jury trial. SHERIFF'S RETURN OF NOTICE OF CLAIM I hereby certify that on the below date: ____ ____ I served this Notice of Claim by delivering a copy to the Defendant. I served this Notice of Claim by leaving a copy: ____ ____ ____ ____ at the dwelling or usual place of abode of Defendant; with a person of suitable age and discretion residing therein, namely__________________________; and by mailing a copy of the Notice of Claim to the Defendant, by first class mail, to the address listed on the Notice of Claim (date copy mailed if different from below: ______________________, 200___). I was unable to serve this Notice of Claim because _______________________________________________ _______________________________________________________________________________________. Dated: _________________________ _________________________________________________ Sheriff of Hamilton/_____________________ County By: _______________________________________ American LegalNet, Inc. www.USCourtForms.com