Legal Question in Credit and Debt Law in Indiana

Judgment Enforcement

Hello,

I have recently been told by the judge that I would have to return to court with an attorney in an assisgned (Acknowledgement of Assigment, June 30th 2003) small claims case. The judge cited Indiana Small Claims Court Rule 8c as the reason.

I have complied with the rule and filed with the courts a ''Certificate of Compliance S.C. 8 - Sole Proprietorship'' August the 20th 2004.

Can you tell me why this judge is requiring me to present myself with an attorney in his court and the section of Indiana law that says that I must?

I look forward to you reply,

--name removed--Brown


Asked on 8/24/04, 10:00 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Judgment Enforcement

SCR 8c permits appearances on behalf of non-natural parties (including a sole proprietorship DBA) only in the case of UNassigned claims of LESS than $1,500.00. See the rule.

http://www.in.gov/judiciary/rules/small_claims/index.html#r8

So if, as you say, the claim is "assigned," or if it exceeds $1,500, then representation by counsel is required, and the judge is aptly telling you so.

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Answered on 8/24/04, 10:42 am


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