New Albany, IN asked in Small Claims for Indiana

Q: I received a small claims order from an eviction 13 years ago. Do I settle? I live 200+ miles away and cannot appear.

I thought statute of limitations was well expired. I haven't recieved a single notice for YEARS. Kid in college now. Really cannot afford even a dime. As a tipped employee, my actual pay isn't on a check to be garnished. When I read BBB reviews for Sentry Management, it makes me nervous to even engage.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: Statute of limitations of limitations for back rent is 6 years. You absolutely need to respond, because even if the charges are past the statute of limitations, you need to respond to point this out, otherwise they could obtain a default judgment against you regardless of the statute of limitations. Best course of action would be to have an attorney in the area the small claims proceeding is being held and contact them on your behalf to either appear on your behalf or resolve this issue.

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