Legal Question in Civil Litigation in Indiana

Small Claims (Confused)

I filed a suite and the Defendant did not want to go to court they wanted to meet at the court and settle before the court date. We did settle the case and we BOTH signed the judgement they we aggreed on. Now they do not want to follow through with the judgement they want to go in front on the judge they also counter sued me 45 days after my suite was file and after we both signed the judgement we agreed to.

Can they do this? What are my rights. I'm very confused

Please advise


Asked on 4/29/07, 5:44 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Small Claims (Confused)

Generally speaking, the judgment is good unless set aside. If the complaint that htey have filed is related to the original complaint that you filed, you should be able to dismiss their claim.

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Answered on 4/29/07, 11:48 pm
Samuel Hasler Samuel Hasler

Re: Small Claims (Confused)

You are thinking that just because there is a judgment, then that is end of it all. I suggest you read this article at my Civil and Business Law blog: http://haslerlaw.blogspot.com/2007/02/collections-why-not-to-do-it-yourself.html

As for their claim - not sure if you are in small claims but I am assuming that you are. If it is a counterclaim - that is filed under the same cause number - then read this rule here: http://www.in.gov/judiciary/rules/small_claims/index.html#r5

If it is not a counterclaim, then nothing to do but fight it. I suggest that you hire an attorney.

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Answered on 4/29/07, 6:28 pm


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