JUDGEMENT

After the trial, the Court may immediately enter judgement or take the matter under advisement and later mail a written judgement to the parties. The judgement will also be entered into the Court record.

The Court will also order the losing party to pay the Court costs (filing fees) of the party who wins a monetary judgement. Interest on a judgement is set by law at 8% and will begin to accrue from the date of the judgement. When partial payments are made toward a judgement, they are applied first to any accrued interest and then to the judgement amount.

Default Judgment

• If the Court has entered a default judgement against the Defendant, the Defendant may file a written request to have the Court set aside the default judgement. The Defendant must file the written request within one year from the date of the default judgement. If properly files, the Court will schedule a hearing and the Defendant must show “good cause” for setting aside the judgement. If the Court sets aside the default judgement, the Court will schedule the claim for a new trial for both parties.
• If the one-year period has passed, the Defendant may sue to attack the judgement, but the Defendant should consult an attorney to properly do so.

Appeal

• If either party is not satisfied with the Court’s decision, he or she may appeal the decision to the Indiana Marion Superior Court. In order to appeal, the party must take certain action within 60 days of the Court’s judgement. Because of the complicated and strict rules for appeals, the party seeking an appeal should consult with an attorney as soon as possible.