Ind. Allen Cnty. Small Cl. Local Rule LR-02-SC10-211

(A) General Requirements. The following documents or information shall

generally be a part of the chronological case summary at the time that a

request for default judgment is filed. The documents or information may be

filed prior to the request for default judgment, or as part of the Affidavit for

Judgment by Default:

1. Proof of service of the Notice of Claim or Notice of Counterclaim in

compliance with LR02-TR4-205.

2. Affidavit of Non-Military Service including the Servicemembers Civil

Relief Act Status Report from the Department of Defense.

3. If the claim includes prejudgment interest, a written calculation of the

amount of interest. The calculation shall include the time period and

interest rate. If the interest rate is higher than the statutory rate for

prejudgment interest, documentation shall be included that supports

the use of a higher interest rate.

4. If the claim includes attorney fees, an attorney fee affidavit shall be

filed along with documentation or legal authority (statute or case law)

to support an award of attorney fees.

5. An Affidavit of Debt in a form that complies with the requirements of

Ind. Small Claims Rule 2(B)(4)(b)(Appendix A). If the plaintiff is not

the original creditor, then the Affidavit of Debt shall include additional

information required by Ind. Small Claims Rule 2(B)(4)(c).

6. Any agreement, contract, lease, invoice, receipt, bill or other written

documentation that serves as a basis for the claim.

7. Copies of all assignments/transfers of the debt.

8. A proposed order for default judgment in a form approved by the

Court.

(B) Accounts. In cases involving accounts, the following additional

documentation or information shall be a part of the chronological case

summary at the time that a request for default judgment is filed:

1. An Affidavit of Debt in a form that complies with the requirements of

Ind. Small Claims Rule 2(B)(4)(b).

2. If the plaintiff is not the original creditor, then the Affidavit of Debt

shall include the additional information required by Ind. Small Claims

Rule 2(B)(4)(c).

3. If the plaintiff is not the original creditor, then a sworn statement by

plaintiff or plaintiff’s attorney that the statute of limitations on the claim

has not expired.

4. Any agreement, contract, lease, invoice, receipt, bill or other written

document that serves as a basis for the claim.

(C) Medical Bills. In cases involving medical bills, the following additional

documentation or information shall be a part of the chronological case

summary at the time that a request for default judgment is filed:

1. An account statement or other documentation from the medical

provider which includes:

a. The name of the medical provider, and name of the patient

or responsible party.

b. The unpaid account balance.

c. The account number consistent with the requirements of

Indiana Access to Court Records Rule 5.

d. A detailed summary of the dates of service, charges for

medical care and treatment, payments received by the

medical provider, and any write-offs on the account.

(D) Credit Cards. In cases involving credit cards, the following additional

documentation or information shall be a part of the chronological case

summary at the time that a request for default judgment is filed:

1. The name of the original credit card company.

2. The unpaid account balance and charge off date.

3. Date and amount of the last payment.

4. The account number consistent with the requirements of Indiana

Access to Court Records Rule 5.

5. Date the defendant defaulted on the account.

6. Interest rates(s) for the account.

7. Summary of fees assessed to the account, including but not limited

to late fees and over limit fees.

8. Monthly billing statement for the last payment or last purchase,

whichever is later. The statement should include the following

information:

a. Defendant’s name and address.

b. Date of last payment or purchase.

c. Interest rate and any fees.

9. An itemized statement for the amount requested as a judgment. The

itemization shall include the amount charged to the account by the

debtor, interest, and fees.

10. If the plaintiff is not the original creditor, then a sworn statement by

plaintiff or plaintiff’s attorney that the statute of limitations on the claim

has not expired.

(E) Landlord/Tenant Cases. In cases involving unpaid rent and/or damages to

rental property, the following additional documentation or information shall

be a part of the chronological case summary at the time that a request for

default judgment is filed:

1. Lease agreement.

2. Ledger or other summary of charges and payments.

3. Itemization of unpaid rent, late fees, and otherdamages.

4. A copy of the written notice to the defendant regarding disposition

of the security deposit and itemization of damages.

(F) Installment Loan Contract/Repossession. In cases involving installment

loan contracts or repossession, the following additional documentation or

information shall be a part of the chronological case summary at the time

that a request for default judgment is filed:

1. A copy of the original contract with the defendant’s signature.

2. An itemization of all amounts paid on the contract by the defendant.

3. If the personal property was repossessed:

a. The date of repossession.

b. The current location of the property.

4. If the personal property has been sold:

a. The date and location of the sale.

b. The gross amount of the sale proceeds.

c. An itemization of all deductions/charges from the gross sale

proceeds.

d. The amount of the gross sale proceeds applied to the account

balance.

5. Copies of all notices to the defendant regarding repossession and/or

sale of the vehicle.

(G) Motor Vehicle Collision Cases. In cases involving property damage or

personal injury arising out of a motor vehicle collision, the following

additional documentation or information shall be a part of the chronological

case summary at the time that a request for default judgment is filed:

1. Any accident report by a law enforcement agency.

2. Medical bills for treatment of injuries consistent with Indiana Access to

Court Records Rule 5.

3. An itemization of any claim for lost wages with supporting

documentation.

4. An itemization of all claimed damages.

5. If the defendant was not the operator of the motor vehicle,

documentation and legal authority to support a claim against that

person.

(H) Unavailable Information or Documentation. If any of the information or

documentation required by LR-02-SC10-211(A) through LR-02-SC-10-

211(G) is unavailable, the party requesting a default judgment shall file an

affidavit that identifies the unavailable information or documentation and

states why the information or documentation is unavailable.

Adopted effective June 1, 2020.