The Honorable Gerald B. Coleman is the judge of the Wayne Township Division of the Marion County Small Claims Court. His job is to decide disputes between parties unable to settle their differences. Cases before Judge Coleman involve less than $8000.00, and most are heard without the parties going through complicated litigation in a court of record.
Constable Kevin Kelly is the constable of the Wayne Township Division of the Marion County Small Claims Court. The constable is making local government work for all of us by improved public safety for all Wayne Township residents with timely serving of warrants, professional and accurate completion of law enforcement duties, increased transparency to make government more accessible to local residents and common-sense reforms that result in better service for taxpayers.
Small Claims Court
The Wayne Township Division of the Marion County Small Claims Court allows its citizens to bring a lawsuit in an informal manner and does not require that a party hire an attorney. The procedures are not complex and were created to provide speedy, inexpensive and an uncomplicated means of determination of claims. In the Wayne Township Small Claims Court, the jurisdictional limit is $8,000.00, and typical cases involve, but are not limited to, auto accidents, property damage, landlord/tenant disputes, and the collection of personal debts. Court staff is available to answer questions about court procedure, practice and policy. Court staff cannot, however, provide legal advice.
Where (Location/Venue) to file your claim
Small Claims Rules state that the right place to file a small claims suit is the county:
(a) where the transaction or occurrence actually took place; or
(b) where the obligation or debt was incurred; or
(c) where the obligation is to be performed; or
(d) where the Defendant resides; or
(e) where the Defendant has his or her place of employment at the time the claim or suit is filed.
The county in which the suit is filed must meet one of the above requirements in order to be the proper county of venue. If several counties qualify under the requirements, then the Plaintiff can file suit in any one of the qualifying counties.
What to do before You file your claim
Before you fill out the forms to file your claim answer these questions:
(a) Does the Small Claims Court have the authority (jurisdiction) to hear your case?
(b) Is this county the proper location (venue) for filing your claim?
(c) Who are the parties to the action?
(d) Is it too late under the Statute of Limitations to file your claim?
Only if the answers to Questions (a) and (b) are both “yes” and the answer to (d) is “no” may you file a small claims action in this county.
What is needed to file?
Name, address and phone number for all parties, reason for lawsuit, $102.00 filing fee.
What you can and cannot sue for in small claims court
There are many times when you may sue in Small Claims Court. The following list contains some examples:
(a) Personal injury, Eight Thousand dollars ($8,000.00) or less.
(b) Damage to personal property or real estate, Eight Thousand dollars ($8,000.00) or less.
(c) Landlord and tenant disputes, if the rent due at the time of filing is Eight Thousand dollars ($8,000.00) or less.
(d) Money owed (bad checks, wages, services rendered, accounts receivable), Eight Thousand dollars ($8,000.00) or less.
(e) Return of wrongfully taken property and return of money paid for faulty work, Eight Thousand dollars ($8,000.00) or less.
(f) Emergency possessory actions between a landlord and tenant under I.C. 32-31-6.
Information needed to file
Names, addresses and phone numbers of all parties, reason for lawsuit and the $102.00 filing fee. Checks and money orders should be made payable to Wayne Township Small Claims Court.
The following forms can be downloaded, filled out and printed before arriving at the Trustee’s court office.
Notice of Claim – Summons (download)