Veteran's Day 2007
We are fast approaching the end of 2007. I was elected judge in the Center Township Small Claims Court in Indianapolis, Indiana in November last year. I have been on the bench for almost a year. The Center Township Small Claims Court is one of the busiest courts in the state. I consider myself a "veteran" of small claims court legal ssues. One of the lessons I have learned from being in my position is: people deserve to be heard-- they need their "day in court". If a litigant complains that he did not receive a notice to come to court (was not served with a summons), he will still have an opportunity to defend against the lawsuit. In most circumstances, I will grant them a chance to be heard, even if they received the notice, but could not come to court for another reason (could not take off work, sick child home from school, etc.) I want to allow every litigant their opportunity to come to court and give their "side of the story". Every person deserves to be heard, even if it means that the court process is "slowed down" by the defendant's motion to set aside a default judgment and part of the process is repeated.
Some types of cases need a faster approach. In Fall 2007, I modified the court's calendar and landlord-tenant eviction cases can now be filed and heard in less than two weeks. In most landlord-tenant eviction cases, if the tenant is behind on rent, I will give the landlord possession of the property, but set a second hearing (known as a damage hearing) to determine how much rent is owed or if there is any damage to the property. If the tenant has a claim against the landlord, the claim needs to be filed before the damage hearing so that it can be heard at the same time.
In all types of cases, each litigant has an opportunity to be heard and present their case. The first step is they must be prepared. Every litigant should have their witnesses and evidence ready to present at the trial. The simplest rule is: be able to tell the judge what you want as the outcome in the case: "I want the driver to pay my car repair bill because he hit my car"; "I want the tenant to pay the 3 months rent he owes"; etc. Also, bring receipts, pictures, or anything else that supports your case. If you are prepared to come to court, you can expect a fair and expedient trial.
In summary, the first year lesson that I learned is: every person who comes to Center Township Small Claims Court wants to be heard and expects the judge to make a fair, expedient decision to resolve their dispute.
Let's see what lessons are learned in 2008!
If you would like to resolve a dispute at the Center Township Small Claims Court, you may file a claim by mail or in person at the Center Township Small Claims Court, City-County Building, 200 E. Washington St., G-5, Indianapolis, Indiana, 46204, (317) 327-5060. For more information, go to www.centergov.org/court
Have a great day!
Judge Michelle Smith Scott
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