Legal Question in Consumer Law in Indiana

Filed a motion in Small claim BUT

I filed a motion in Small claims court. The secretary ''Office Manager'' said that she would put it in the cause file but the judge would not look at it until the court date and only then would he see the motion. This does not make since to me at all. I did copy and paste my motion below.

Shouldn't the judge see this motion before the court date. Keep in mind this is small claims

I, the CO-Defendant in said cause file a motion to dismiss the counter claim the CO-Plaintiffs are claiming. Judgment in cause #00000 0000 SC 00000 has already been entered and signed by both parties. Both parties were present at the time this judgment was signed and filed with the court on March 30 2007. Both parties agreed to a Pre-Trial Settlement that shall have the same effect as a judgment of the court.

Defendants have not filed a counter suite in the time line stated by the court. Trial was set for April 13 2006 and the Judgment was filed March 30 2007.

Said cause can not be retried unless proper appeal has been filed with in the court time line. In addition to this a request for an appeal under this section, the appellant must specifically and succinctly set forth the factual and legal reasons why the appellant believes the


Asked on 5/01/07, 7:19 pm

1 Answer from Attorneys

Samuel Hasler Samuel Hasler

Re: Filed a motion in Small claim BUT

You are learning the first thing that every attorney learns: what the judge wants, the judge gets.

Read more
Answered on 5/02/07, 12:15 pm


Related Questions & Answers

More Consumer Law questions and answers in Indiana