How to get copies from landlord

D

Disabled Vet

Well-Known Member
Jurisdiction
Indiana
When you file a small claims court action is there a way to get documents from the other party?
Like a copy of the move in inspection? Any video evidence ( Pictures, video ) that the other party may have? Orginal documents they have if you feel that the copies they gave you have been altered? CAn you get these items prior to the hearing date?

Thanks
 
Disabled Vet said:
When you file a small claims court action is there a way to get documents from the other party?
Like a copy of the move in inspection? Any video evidence ( Pictures, video ) that the other party may have? Orginal documents they have if you feel that the copies they gave you have been altered? CAn you get these items prior to the hearing date?

Thanks
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Two options, mate.
You can request a subpoena he issued by the judge directed to the opposing party to produce SPECIFIC documents.

You can produce YOUR documents introducing same I to evidence, then allow the opposing party to stumble by contradicting your evidencev.

Small claims judges try both fact and the law.
Thus, both options produce the same result with minimum ease.

I love setting traps.
I love to catch liars.
Good luck.
 
Disabled Vet said:
When you file a small claims court action is there a way to get documents from the other party?
Click to expand...

Yes, there is a way.

Indiana Rules of Small Claims Court:
Rule 6. Discovery
Discovery may be had in a manner generally pursuant to the rules governing any other civil action, but only upon the approval of the court and under such limitations as may be specified. The court should grant discovery only upon notice and good cause shown and should limit such action to the necessities of the case.

You would first file your lawsuit, then file a motion with the court asking for permission to engage in discovery. Upon receiving permission you would serve a Request for the Production of Documents on the Defendant. If the Defendant failed to produce the documents you would then file a Motion to Compel Production of Documents. (Subpoenas are used to obtain information from non-parties to a lawsuit.)
 
Another thing if i may... If a person has a video that will need to be played to provide evidence against claims. How does a person get a tv, dvd player in the court room? We had a date set up for the hearing. Their lawyer filed the paperwork to have it moved to a contested hearing. Which is fine as we didn't think they would be willing to settle. Now.... just need to know how to play the dvd in the court room.
 
Disabled Vet said:
just need to know how to play the dvd in the court room.
Click to expand...

On a laptop.

Make sure you bring extra copies of the DVD for the judge and the other party.

To be extra safe make stills from the DVD. You do that by playing the DVD on your computer, hitting pause at key points and saving screen shots to your computer and then printing them out. Again, make enough duplicates so you can give a set to the judge and a set to the other party.

Use Snipping Tool if you have Windows Vista, 7, 8 or 10.
 
During a small claims hearing.. The party that is suing is a young person. Is it possible to sit at the table with them. So a person can whisper and point out their next area of topic? Or to help with their progression of their case? Not speaking to the court.... Just a bug in their ear in case they get stuck.
 
Indiana small claims court rules allow representation by attorneys so I imagine that the opponents' tables each have two chairs. It's certainly possible for the plaintiff's helper to attempt to assist in the manner you describe.

However, if the defendant has even half a brain he will object to that as the unauthorized practice of law and the judge is likely to put a stop to it. Might even put a stop to it without objection because the court is on a tight schedule and needs to move things along.

If the plaintiff is not willing and able to fend for himself he has no business suing.

I have helped my friends through small claims cases but have thoroughly prepped them before going to court knowing full well that I could be shot down if I tried it during the trial..
 
Well court was yesterday... I was really proud of the way this young lady presented her case. The judge was AWESOME as he was very professional. The defendants (huge apartment complex) had a lawyer. When this young lady got her final account statement in the mail 75 days after move out. They kept her 500.00 deposit plus stated she owned another 127.00. I had taken video of the apartment prior to turning in the keys. After meeting with the apartment complex they removed some of the charges. They still stated that there was multiple nail holes in the walls that required painting. Which was over 250.00 charges... That was the reason of filing the small claims case to get that part back as well. Their lawyer stated at the start that the paint charges were the only dispute and that is all that she should cover. Which I told her at the table. Tell the judge you wish to dispute just talking about the painting. That she wanted to show proof that the inspection wasn't done proper. They refused to allow someone to be there during the inspection. The judge agreed. So i was called up to witness the contents of the video i had taken. I stated that I was a veteran and use to military inspections. That the video would show this apartment would of passed a military inspection. I think the judge could see how the video showed that all the charges they first wanted was not right. Even though they removed the charges for various things. It showed that their inspection wasn't done proper and in my opinion wasn't done honestly. My comment was simple. If the inspection was done proper and honest why remove the charges? The judge asked the defendants two questions at the end. If their paint policy was in the lease and if their move out policy was in the lease. Their answer was NO... We don't know the result yet but i think this young lady did a really great job in presenting her case to the court. Oh...... here is what really got me. So the defendant at the start stated the only dispute was the paint charges. We had asked 3 times prior to court to review their pictures of reason of painting the whole wall. Guess what the defendant didn't bring the court? PICTURES of the reason why they had to paint the walls... Really? Their only proof (which they did state to the court that they did have pictures) they didn't bring them to court. So that this young lady would have a chance to review them. Cross check them against the video. Thanks for your comments prior to the hearing. I hope it goes great for this young lady but you never know. I do know that this judge has my respect no matter which it goes.
 
Nail holes and touch up paint are not normal things to take from a security deposit in the first place.
Just based on the description here, they late refund, and the failure of the landlord to provide any evidence of the damage, I'd expect her to get a full refund.
 
Drum Roll............................ She won 100% of what she was asking for plus court costs. That was a very quick reply from the court for sure. Monday hearing, received ruling on wed from a town 35 miles away. Quick questions. She had a roommate during the lease but she has moved to another state. The small claims hearing was only in her name as her roommate wasn't a active party. Can she ask the apartment complex to issue a check only in her name? So it can be cashed easy and mail her roommate her part.
 
Disabled Vet said:
Drum Roll............................ She won 100% of what she was asking for plus court costs. That was a very quick reply from the court for sure. Monday hearing, received ruling on wed from a town 35 miles away. Quick questions. She had a roommate during the lease but she has moved to another state. The small claims hearing was only in her name as her roommate wasn't a active party. Can she ask the apartment complex to issue a check only in her name? So it can be cashed easy and mail her roommate her part.
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She can ask for two checks, one for herself, one sent to the other party.
 
Agree... they did half and half back when they moved in. But the apartment complex refused to provide two checks. So she couldn't cash the check until she mailed it to her roommate to sign. Just wondering now since the small claims action was only in her name and they found in her favor if that could be used as a tool to get them to issue two checks or one check. It would make it easy if they would provide two checks for her. The check that the apartment complex provided her for had her named listed twice, then the roomate. She will figure it out. Just happy this judge seen how they were robbing them of their security deposit. Sadly i bet they do this to a lot of college kids. I could go over and provide move out help and how to recover more of your security deposit back. Just hate when people blink young adults that don't know better. 500 units X 100.00 of their 500.00 security deposit adds up for big profits. Thanks guys.
 
Disabled Vet said:
Agree... they did half and half back when they moved in. But the apartment complex refused to provide two checks. So she couldn't cash the check until she mailed it to her roommate to sign. Just wondering now since the small claims action was only in her name and they found in her favor if that could be used as a tool to get them to issue two checks or one check. It would make it easy if they would provide two checks for her. The check that the apartment complex provided her for had her named listed twice, then the roomate. She will figure it out. Just happy this judge seen how they were robbing them of their security deposit. Sadly i bet they do this to a lot of college kids. I could go over and provide move out help and how to recover more of your security deposit back. Just hate when people blink young adults that don't know better. 500 units X 100.00 of their 500.00 security deposit adds up for big profits. Thanks guys.
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When people see a court case didn't go their way, they tend to be contrite and amenable to suggestions.

It can't hurt to ask if the LL would send one check to Party A. and give one check to your friend.

A polite question tends to yield a polite answer.
 

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