* With any judgment, the court will generally order the losing party to pay the court costs (filing fees) of the party who wins a monetary judgment. The losing party is also responsible for any interest accrued since the date of judgment. Interest on a judgment is set by law at 8% per annum. When partial payments are made toward a judgment, they are first applied to any accrued interest and then to the judgment amount.

Vacating a Default Judgment

1. The party against whom a default judgment has been entered may file a written request with the court to have the default judgment vacated or set aside. Such a request must be filed with the court within one year of the date the judgment was entered. If the request is properly filed, the judge will hold a hearing where the parties must appear. The party requesting the judgment be overturned must show “good cause” for vacating the default judgment. If the judge vacates the judgment, the case will be reset for a new trial on the original claim.
2. If the one year period has expired, the party seeking to set aside judgment must file an action to reverse the original judgment by following the guidelines of Trial Rule 60(B) of the Indiana Rules of Trial Procedure. This would be best accomplished with the help of an attorney. There are no standard forms available in the Self Help Legal Center or the Clerk’s and Courts’ websites for this procedure.

Appeal

If one or both parties are not satisfied with the court’s decision and judgment, an appeal of the decision may be taken to the Indiana Court of Appeals. To qualify for an appeal, the appealing party must take certain action within thirty (30) days of the Small Claims Court judgment. Because of the complicated and strict rules for appeals, the party seeking an appeal should consult with an attorney as soon as possible after the judgment. However, the link for the appellate court clerk’s office is www.in.gov/judiciary/cofc where you can find some information regarding appeals.