Ind. Elkhart Cnty. Local Rule LR20-SC10-511

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 LR20-

TR4-505.

2. Affidavit of Non-Military Service including the Service members 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 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 Small Claims Rule

2(B)(4)(b) Affidavit of Debt If the plaintiff is not the original creditor, then the Affidavit of Debt

shall include additional information required by 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 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 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 is 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 is consistent with the requirements of 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 the plaintiff or the

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 other damages.

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 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 LR20-SC10-511(A) through LR20-SC-10- 511(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.