Government

Legislative Update – Small claims court procedures

From the Indiana Courts – Court Services:

The Senate Judiciary Committee heard HB 1110 sponsored by Sen. Baldwin, Sen. Garten, and Sen. Messmer regarding small claims court procedures. The bill provides that on the small claims docket, if the claim does not exceed $8,000: (1) all corporate entities, limited liability companies, and limited liability partnerships may appear by a designated full-time employee of the corporate entity; and (2) all trusts may appear by a trustee; in the presentation or defense of a claim arising out of the business.

On March 24th, the Indiana Supreme Court, Office of Judicial Administration, and the Indiana State Bar Association testified in opposition of the bill.  The Indiana Apartment Association testified in support of the bill. The chair held the bill.

On March 31st, the Committee amended the bill by consent to change the claim amount on all small claims not to exceed $8,000 to $10,000.  The amendment strikes the portion that changes the ability for corporations and limited liability companies, etc. to appear by full-time employee for more than $1,500.  This will allow the Indiana Supreme Court to go through the rule amendment process it has initiated on amending the small claims rules.

The amended bill passed 9-0.

Read the bill at:  http://iga.in.gov/legislative/2021/bills/house/1110

Featured photo by Sora Shimazaki from Pexels

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