Hello. Thanks for choosing Just Answer for your question. I'll try to assist. I need to know what county and township small claims court the suit is, or willl be filed in. It might take a little time to check out the rule, but I can have an answer for you today.
Hello again. I'll take a chance that you re in Marion County. Here is the Litigant's manual for the Marion County Small Claims Court. Scroll down to Par. 11 c & d. http://centergov.org/court/pdf%5CLITIGANTS%20MANUEL.pdf If you counterclaim for more than $6,000 you have to either lower your demand to the court's limits or petition to transfer the case to the Superior or Circuit Court. If I were your attorney, and no suit has been filed yet, I would advise you to file first in Superior Court where you have better control over the case. If I guessed wrong, it should be easy to call up your own county's small claims rules on line, or just call the court. I suspect that this rule is the same state wide.
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Okay. I think I get it. "Prisa P" is actually "Praecipe" , which is simply a request to the clerk to send a foreclosure judgment to the sheriff to have a sale set. What has happened as you've probably figured out is that your owner/seller is about to lose the home through the foreclosure of his mortgage. If he has breached a contract of sale with you, then you can file your suit in Hamilton Superior Court. He's not going to be able to evict you in small claims court because you are in possession under a purchase agreement, not as a tenant; however, the Hamilton Small Claims Court cases are actually docketed and heard in Superior Court 3 so you could file a damage counterclaim there in any amount and they will probably just transfer the whole case to the Superior Side of the court. I know this is somewhat confusing. In all probability unless you can bid cash for the property at the sheriff's sale, you are probably going to have to vacate within a few months. If you have the case number, you can call Cheryl in the Sheriff's office who handles the sales, and she'll tell you when it is set for. You should have been named in the foreclosure, so you might be able to buy a little time to move if you need it.
I hope this is helpful. I know it is confusing.
Yes, that is correct. You motion might not dismiss the case, but it will take it out of an eviction for non-payment of rent. BTW, sorry I was so cryptic before. If you use the 7 numbers and think droid, I can help better.
It should at least serve as an answer and require a trial on the facts. That by itself can result in a year of delay up there.
I can't answer without much more information and actually reading what has been filed so far.
We aren't permitted to contact directly on this site. The answer to your last question was actually, Yes, do you know how to do that? Remember, you said I understand ur at/t comment now. Do you?? Or do I need my crayons?
Guy: You would be better off with the invention by Mr. Bell + a seven digit no.
try five zero two two three four nine - Indy ac. I know that I can help you, but you have to make the call now.
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