Hamilton County Superior Court Small Claims

What We Do

The Hamilton County Superior Court 4 uses online dispute resolution (ODR) in certain small claims cases. Your case qualifies for ODR. ODR is a method to negotiate and resolve dispute outside of court. This service is free for participants.ODR gives case parties an opportunity to negotiate their disputes outside of the court and potentially avoid a court date with the judge. Instead of going to trial at the courthouse at a specific date and time, you and the other party will use an online chat to negotiate and potentially reach a solution to your case. If an agreement is reached, an agreement form can be completed and signed by the parties. This agreement can then be filed with the court. If the agreement is appropriate, it is signed by the judge and you could avoid having a court hearing. The agreement becomes a binding contract between the parties.

Court dates vary by county but using ODR could move your case to resolution faster than traditional court hearings. The ODR system is available 24/7 every day of the week, meaning it can be accessed whenever you have time to negotiate your case. Messages sent between you and the other party will not be visible to the court or judge.

Potential solutions include:

• If the defendant agrees they owe the money and all parties agree on the amount owed, you could agree on a payment plan.
• If the defendant agrees they owe money, but the parties disagree on the amount owed, you could come to an agreement on the amount owed and a payment plan.
• If you cannot come to an agreement on any terms, you still have the right to go to court.
• If you already have a court judgment against you, you may be able to negotiate a payment plan for that judgment.

Opting out: If you are unable to participate in ODR, you can opt out and your case will take a traditional court path, including a court date and potentially a trial. Opting out can be achieved by:

• Filing a motion with the court stating the reason for non-participation.
• Registering for the ODR system but clicking on the ?Opt Out? selection at any time during negotiations.

Trial: If you and the other party cannot come to an agreement, or one party opts out, the case will be scheduled for an initial court date and a trial. The court will notify you of the date, time and place of the court dates by sending email or mail correspondence to the address you gave the court clerk. If you do not attend the hearings, the court may rule against you.

Finding Help: Legal help can be found by visiting the self service legal center webpage or by contacting your local bar association. Self-service court forms can be found here indianalegalhelp.org.