FILED Feb 10 2026, 9:09 am
CLERK Indiana Supreme Court Court of Appeals and Tax Court
IN THE
Court of Appeals of Indiana Denitra Jones, Appellant-Defendant
v.
Full Spectrum Property Management, Appellee-Plaintiff
February 10, 2026 Court of Appeals Case No. 25A-EV-532 Appeal from the Madison Circuit Court The Honorable Kevin M. Eads, Magistrate Trial Court Cause No. 48C05-2411-EV-1200
Opinion by Judge Kenworthy Chief Judge Tavitas and Judge Bailey concur.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 1 of 20 Kenworthy, Judge.
Case Summary [1] Denitra Jones appeals the trial court’s orders granting Full Spectrum Property
Management (“Landlord”) possession of property Landlord leased to Jones and
awarding Landlord damages, court costs, and attorney fees. Jones presents the
following restated issues:
1. Did the trial court improperly shift the burden of proof to Jones on Landlord’s claim for possession?
2. Did the trial court’s hearing procedures deny Jones due process of law?
3. Did the trial court err by prospectively declaring Jones’ personal property abandoned and disposable?
4. Did the trial court err in handling Jones’ counterclaim?
[2] We agree with Jones that this case is “marked by a series of procedural failures”
and the trial court’s conduct of the possession hearing denied Jones due process
of law, resulting in an unlawful eviction. Appellant’s Br. at 9. The trial court
also erred in its handling of Jones’ personal property and her counterclaim. We
therefore reverse the order of possession (including disposition of personal
property) and subsequent award of damages, attorney fees, and costs to
Landlord, and remand with orders to hear Jones’ counterclaim.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 2 of 20 Facts and Procedural History [3] On November 14, 2024, Landlord filed a claim of possession against Jones and
her son, Ar’monte King, for the home they rented from Landlord at 1618
Central Avenue in Anderson (“the property”). In the claim, Landlord alleged
Jones and King were in breach of contract for failing to timely pay rent and
sought back rent, court costs, and attorney fees. The complaint stated the
monthly rent for the property was $650 and Landlord “delivered notice to
vacate: October 18, 2024.” Appellant’s App. Vol. 2 at 7. With the claim,
Landlord filed an affidavit of debt signed by its full-time employee, Julie
Perkins, stating the account was opened on December 2, 2022; the last payment
was made on October 23, 2024, for $100; and the tenants were in arrears
$1,475. Landlord also filed a copy of a residential lease agreement for the
property for the term December 2, 2022, through November 30, 2023, signed by
Jones, King, and Landlord’s representative. Jones received service of the claim
on November 22.
[4] The trial court held a possession hearing on December 9, 2024. Landlord
appeared by counsel, and Jones appeared pro se. King did not appear, as he had
passed away in April 2024. Landlord’s attorney did not speak at the hearing
and introduced no testimony or documentary evidence on Landlord’s behalf.
[5] After swearing in Jones, the trial court began the hearing by asking Jones if she
received information about rental assistance and landlord-tenant mediation
programs. She said she had sought assistance through St. Vincent DePaul (a
charitable organization), had receipts, and she was “still paying the rent.” Tr. Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 3 of 20 Vol. 2 at 5. She also mentioned there was a gas leak in the house, service had
been disrupted, and she had proof to offer. In response, the trial court
questioned Jones about her occupancy:
THE COURT: Are you still living in the property, ma’am?
JONES: I’m in the house, yes, but all my stuff is getting moved out.
THE COURT: Okay, so you’re in the process of moving out, right now?
JONES: Well, they said they were taking me to Court and um.
THE COURT: But, are you moving out, did you make the decision to move out?
JONES: They told me I had to get out.
THE COURT: [A]re you moving out?
JONES: Yes.
THE COURT: Okay, when were you planning on being out?
JONES: Um, I can, um probably as soon as possible, but I, that’s what I’m saying. I went to Saint Vincents and that’s how I found out I was coming to Court, if I had known that I’d gone up to Saint Vincents.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 4 of 20 THE COURT: Okay, [Landlord is] saying that you’re behind on the rent. Do you agree that you’re behind?
JONES: I know that I might be a little bit behind, but [Landlord is] charging me a month in advance to make it look like I’m behind in my rent, I’m not that far behind.
THE COURT: Okay, take that one month out of consideration for the moment. Are you still behind, even if you do that?
JONES: Maybe, uh like three (3), two hundre[d] (200) dollars[.]
THE COURT: Okay, alright, when is it, you think you’ll be done moving out?
JONES: I’ll be out by this weekend.
THE COURT: By this weekend?
JONES: Yeah.
THE COURT: So if I make [p]ossession for next Monday, that would be the [sixteenth] (16th) that would work for ya?
JONES: Will, I have to come back to Court?
THE COURT: No, no, well not then, there’s a damages hearing that would be held, that will be in February, but does having you out by Monday work then?
JONES: Well . . . I have to . . . at least have thirty (30) days . . . I got a wheelchair and stuff [c]oming to my house[.]
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 5 of 20 Id. at 5–7. Jones explained that in addition to the wheelchair delivery, her
monthly case management services would be disrupted if she vacated in a week.
The trial court suggested she file a change of address form and postpone
delivery of the wheelchair until she found another place to live. Jones
responded she wanted to countersue. The trial court directed her to the
information desk to get the form.
[6] The trial court then ordered Jones to vacate the property by 5:00 p.m. on
December 16—with an eviction order to issue to the sheriff if she failed to
vacate that day—and declared any personal property Jones left on December 16
abandoned and disposable. The trial court set a damages hearing for February
4, 2025.
[7] The same day as the possession hearing, Jones filed with the clerk a hand-
written document alleging there was no gas service at the house due to a leak; a
water leak caused an inflated water bill; she was making rental payments; she
was actively seeking rental assistance with Landlord’s knowledge; she did not
owe $1,475 in back rent; and Landlord was charging rent in advance to inflate
the arrears. The document was captioned “cou[n]ter claim” with the parties’
names and the eviction cause number written at the top. Appellant’s App. Vol. 2
at 12. In the document, Jones requested damages. The clerk docketed the
filing as “Counterclaim Filed,” noting: “Matter to be addressed at 02/04/2025
hearing.” Id. at 3.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 6 of 20 [8] The trial court held the damages hearing in February as planned. Landlord
appeared by counsel and by its employee, Perkins. Jones again appeared pro se.
Perkins testified Jones owed $1,475 in back rent at the time the case was filed in
November 2024, owed $650 for December rent, and paid a $650 security
deposit. Landlord requested damages of $1,475 (representing the rent owed less
the security deposit 1) plus $1,000 in attorney fees, court costs, and interest.
Landlord introduced no evidence of attorney fees charged.
[9] When Jones attempted to cross-examine Perkins about whether Perkins knew
she had been seeking rental assistance, the trial court explained it “wouldn’t be
getting into . . . any help you had available” because “possession is . . .
something we’ve already decided” and “this [hearing] is about the back rent
they’re requesting.” Tr. Vol. 2 at 17. Jones also attempted to raise allegations
about maintenance and repair issues, gas and water leaks, and lack of eviction
notice. The trial court reiterated, “we’ve already discussed and decided
possession” and “we’re just talking now about whether there is money owed[.]”
Id. at 18–19.
1 Perkins explained Jones owed rent of $650 for December 2024—despite being evicted on December 16— but Landlord was “giving credit” for the $650 security deposit, essentially canceling each other out. Tr. Vol. 2 at 15. But when Jones later offered a transaction sheet into evidence, the ledger did not show a rental charge for December, Perkins testified Landlord was not charging for any portion of December, and the trial court confirmed “there isn’t anything in here where they are making a claim for December, anyway.” Id. at 27. Then, on rebuttal, Landlord’s attorney asked Perkins to clarify “you are charging for December” and “the security deposit . . . covers that,” and Perkins replied, “Yes.” Id. at 31 (emphasis added). The trial court’s written damages order states Jones’ security deposit was credited to her before entry of judgment. Today, we reverse the order of possession and the resulting award of damages, but in doing so, note it is unclear from Landlord’s contradictory testimony whether Jones received credit for her security deposit.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 7 of 20 [10] The hearing continued for some time, during which Jones offered a copy of a
transaction sheet prepared by Landlord showing the 2024 rental charges and
her payments, and the trial court walked Jones through the sheet. On its own
motion, the trial court admitted the lease from December 2022 as Plaintiff’s
Exhibit 1, which Landlord had submitted with its claim. The trial court asked
Jones about the water and gas leaks, and Landlord’s attorney elicited rebuttal
testimony from Perkins about repairs Landlord had made.
[11] After the trial court confirmed the amount of damages Landlord was
requesting, Jones asked, “And what about my countersuit?” Id. at 35. The trial
court responded, “You have a countersuit?” Id. Landlord objected to hearing
it on the basis Jones never served Landlord with a copy. Jones informed the
court, “I filed that upstairs, and they said they would give it to the right
people[.]” Id. at 36. The trial court told Jones, “Really what you did was you
really wrote a letter addressed to the court.” Id. at 37. The trial court seemed to
read through the document while on the bench, determined much of Jones’
testimony at the hearing reflected the letter’s contents, and found such
testimony did not impact its decision. The trial court entered judgment in
Landlord’s favor of $2,475 plus court costs and 8% annual interest and
concluded the damages hearing by informing Jones she could appeal. Neither
the written damages order nor the Chronological Case Summary (“CCS”)
addresses the disposition of Jones’ counterclaim.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 8 of 20 Standard of Review [12] Judgments in small claims actions are “subject to review as prescribed by
relevant Indiana rules and statutes.” Ind. Small Claims Rule 11(A). We will
not set aside the factual findings or judgment entered in a bench trial unless
clearly erroneous. Ind. Trial Rule 52(A); Trinity Homes, LLC v. Fang, 848
N.E.2d 1065, 1067 (Ind. 2006). In determining whether a judgment is clearly
erroneous, we do not reweigh the evidence or determine witness credibility.
City of Dunkirk Water & Sewage Dep’t v. Hall, 657 N.E.2d 115, 116 (Ind. 1995).
We consider only the evidence supporting the judgment and the reasonable
inferences drawn from that evidence. Id. This “deferential standard of review
is particularly important in small claims actions, where trials are ‘informal, with
the sole objective of dispensing speedy justice between the parties according to
the rules of substantive law.’” Id. (quoting S.C.R. 8(A)). We review questions
of law de novo, just as we do in appeals from a court of general jurisdiction.
Trinity Homes, 848 N.E.2d at 1068.
[13] We also note Landlord has not filed an appellate brief. When an appellee has
not filed a brief, “we need not undertake the burden of developing an argument
on the appellee’s behalf.” Id. “[W]e will reverse the trial court’s judgment if
the appellant’s brief presents a case of prima facie error.” Id. Prima facie error is
error “at first sight, on first appearance, or on the face of it.” Id. (citation
omitted). If an appellant is unable to meet this burden, we will affirm.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 9 of 20 The trial court improperly shifted the burden of proof for Landlord’s breach of contract and possession claims to Jones. [14] Jones first claims the trial court improperly shifted the burden of proof to Jones
and Landlord failed to prove its eviction claim by a preponderance of the
evidence. “Ejectment is an action to restore possession of property to the
person entitled to it.” Morton v. Ivacic, 898 N.E.2d 1196, 1199 (Ind. 2008).
Landlord claimed it was entitled to possession of the rental property because
Jones was in breach of contract for failing to timely pay rent. To recover for a
breach of contract, a plaintiff must prove: (1) a contract existed, (2) the
defendant breached the contract, and (3) the plaintiff suffered damage as a
result of the defendant’s breach. Collins v. McKinney, 871 N.E.2d 363, 370 (Ind.
Ct. App. 2007).
[15] Trials in small claims actions may be informal, but “the parties in a small
claims court bear the same burdens of proof as they would in a regular civil
action on the same issues.” LTL Truck Serv., LLC v. Safeguard, Inc., 817 N.E.2d
664, 668 (Ind. Ct. App. 2004). Although the method of proof may be informal,
relaxed evidentiary rules are “not the equivalent of relaxation of the burden of
proof.” Id. “Each party to a small claims action still has the burden of proof
for a claim or counterclaim and is responsible for bringing evidence to court
that is sufficient to sustain that burden.” Muldowney v. Lincoln Park, LLC, 83
N.E.3d 130, 132 (Ind. Ct. App. 2017).
[16] Landlord’s claim for possession asserted rent was $650 per month and Jones
owed $1,475 in rent at the time of filing. A complaint, however, is not
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 10 of 20 evidence. See Wood v. D.W. ex rel. Wood, 47 N.E.3d 12, 16 (Ind. Ct. App. 2015)
(noting “it is axiomatic that pleadings are not evidence”) (internal quotation
and citation omitted). Along with the claim, Landlord filed a residential lease
agreement signed by Jones and King. That lease was not offered or admitted
into evidence at the possession hearing. In any case, that lease terminated on
November 30, 2023, and has no renewal provisions. No person testified at the
possession hearing concerning the material lease terms, such as the duration,
monthly rental obligation, or when rent was due.2
[17] The only sworn statement submitted by Landlord was its employee Perkins’
affidavit of debt dated November 14 and filed with the complaint. In that
document, Perkins averred Jones had an unpaid balance of $1,475 on an
account associated with the property; the account was opened December 2,
2022; and the last payment was made on October 23, 2024, for $100. The
affidavit provides no material lease terms.
[18] At the possession hearing, Jones disputed the amount of back rent owed, and
Landlord presented no additional evidence to support the arrears calculation.
In response to the trial court’s questions, Jones testified she “might be a little bit
behind” on rent and “[m]aybe” owed a few hundred dollars. Tr. Vol. 2 at 6.
Even assuming Landlord was entitled to terminate Jones’ lease for nonpayment
2 During the damages hearing two months later, the trial court admitted the December 2022 lease as Plaintiff’s Exhibit 1, and Perkins testified it converted to a month-to-month tenancy after it expired. But this information was not before the trial court when it decided possession at the first hearing, and the trial court twice stated during the damages hearing it was not rehearing the possession claim.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 11 of 20 of rent based on this equivocal testimony, there is still no evidence in the record
that Landlord provided her with statutorily required notice of termination.
Under our landlord-tenant statutes, a landlord may terminate a lease for non-
payment of rent after giving the tenant ten-day notice of termination and an
opportunity to cure. See Ind. Code § 32-31-1-6 (2002) (“If a tenant refuses or
neglects to pay rent when due, a landlord may terminate the lease with not less
than ten (10) days notice to the tenant unless: (1) the parties otherwise agreed;
or (2) the tenant pays the rent in full before the notice period expires.”); see also
I.C. § 32-31-1-7 (prescribing contents of ten-day notice). In the complaint,
Landlord claimed it delivered a “notice to vacate” on October 18, 2024.
Appellant’s App. Vol. 2 at 7. But again, statements in the complaint are not
evidence. Landlord did not testify to the procedures it followed before pursuing
eviction. And Jones’ testimony suggests she was unaware Landlord was
pursuing eviction until she received notice of the lawsuit.
[19] In sum, Landlord failed to present evidence to support its claims. The trial
court’s immediate questioning of Jones and reliance on Jones’ equivocal
testimony improperly shifted the burden to Jones to make Landlord’s case for
eviction. As a result, there are serious evidentiary gaps which undermine our
confidence in the order of possession, and Jones has made a prima facie showing
she is entitled to reversal. See, e.g., Muldowney, 83 N.E.3d at 132–33 (observing
“the trial court’s informality went too far” where “it appears to have based its
judgment [on a claim for possession] strictly upon the facts alleged in the
complaint and unsworn statements of [the tenant’s] counsel and [the
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 12 of 20 landlord]”); Harris v. Lafayette LIHTC, LP, 85 N.E.3d 871, 877 (Ind. Ct. App.
2017) (holding the trial court improperly shifted the burden of proof to the
tenant where there was no documentary evidence establishing the tenant owed
the landlord money, the trial court swore in no witnesses, and by the end of the
hearing, the landlord failed to establish the tenant owed it money).
The trial court’s conduct at the possession hearing denied Jones due process of law. [20] In addition to improper burden shifting, Jones contends the trial court’s
conduct of the hearing denied her due process. The Fourteenth Amendment to
the United States Constitution prohibits a state from depriving any person of
“life, liberty, or property, without due process of the law.” U.S. Const. amend.
XIV, § 1. Due process generally requires notice, an opportunity to be heard,
and an opportunity to confront witnesses. Morton, 898 N.E.2d at 1199. The
opportunity to be heard is a fundamental requirement of due process, and this
principle includes an opportunity to present every available defense. Id.
[21] The transcript of the possession hearing is five and one-half pages long and
takes less than five minutes to read aloud. From the outset, the hearing
proceeded as though Landlord was entitled to an order of possession: it began
not with Landlord’s attorney presenting evidence, but with the trial court
immediately questioning Jones about rental assistance. The trial court pressed
Jones regarding when she planned to vacate—before establishing Landlord’s
right to possession. The trial court then asked Jones to “agree” if she was
behind on rent; after Jones responded by alleging Landlord was charging a
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 13 of 20 month’s rent in advance to inflate the arrears calculation, the trial court asked
her to “take that one month out of consideration for the moment.” Tr. Vol. 2 at
6. This line of questioning appears designed to elicit a concession from Jones
and gives the impression of the trial court acting as an advocate for Landlord
rather than a neutral arbiter.
[22] Jones also attempted to raise a defense related to the condition of the property.
She mentioned she had “proof” regarding a gas leak and indicated gas service
was disrupted. Id. at 5. In Indiana, a landlord has a statutory obligation to
deliver rental premises in a safe, clean, and habitable condition, and provide
and maintain certain safe, working systems in the rental premises, including a
heating system sufficient to adequately supply heat at all times. See I.C. § 32-
31-8-5 (2002). In addition, “Indiana courts have recognized the contractual
nature of leases and the applicability of the law of contracts to leases.” King v.
Conley, 87 N.E.3d 1146, 1152 (Ind. Ct. App. 2017), trans. denied. Under general
principles of contract law, a “party first guilty of a material breach of contract
may not maintain an action against or recover damages from the other party to
the contract.” Ream v. Yankee Park Homeowner’s Ass’n, 915 N.E.2d 536, 547
(Ind. Ct. App. 2009), trans. denied. Accordingly, a tenant’s allegation that a
landlord failed to deliver or maintain a rental property in safe, habitable
condition may be a defense to a breach of contract claim brought for
nonpayment of rent. See, e.g., Wang v. Sun, 212 N.E.3d 1252, 1260 (Ind. Ct.
App. 2023) (Tavitas, J., concurring in part, dissenting in part) (observing a
tenant “should not be on the hook for failing to pay rent” after her landlord first
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 14 of 20 breached the lease by failing to deliver the property in a safe, clean, and
habitable condition, so long as tenant gave landlord notice and sufficient time
to repair it). Jones’ claim of a gas leak was relevant to Landlord’s breach of
contract and possession claims, and Jones should have been given an
opportunity to present her defense. The trial court, however, did not even
acknowledge her argument during the possession hearing. 3
[23] In addition to her complaints about the property, Jones also claimed she did not
have notice of eviction. She disputed the amount of back rent owed, insisted
she was making payments and actively seeking assistance, and claimed she had
“receipts” showing payments. Tr. Vol. 2 at 5. Despite these disputed facts,
Landlord offered no evidence it delivered the ten-day notice to terminate for
nonpayment of rent and failed to submit an accounting to support its arrears
calculation. And because no representative of Landlord appeared, much less
testified, Jones was denied an opportunity to confront witnesses against her.
[24] In Morton, our Supreme Court reviewed a tenant’s claim that a trial court
denied him an adequate opportunity to present a defense to his landlord’s
ejectment claim and therefore violated his due process rights. 898 N.E.2d at
1199. The Court held that where the transcript indicated “the hearing
proceeded from the onset under the expectation that [the landlord] was entitled
3 The trial court heard some of Jones’ arguments about the property condition during the damages hearing, and Landlord offered rebuttal through Perkins’ testimony. But again, the trial court was clear during the second hearing it was not permitting the parties to relitigate possession, and Jones had already been evicted at that time.
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 15 of 20 to an order of immediate possession,” the trial court informed the tenant the
parties “would have to agree on a move-out date before [the tenant] was
afforded an opportunity to present a defense,” and the court’s statements
indicated “inattention to [the tenant’s] defenses,” the court’s conduct of the
hearing denied the tenant due process. Id. at 1200. We find the same factors
are present here and conclude the trial court’s conduct of the possession hearing
denied Jones due process of law, resulting in an unlawful eviction.
The trial court erred by prospectively declaring Jones’ personal property abandoned and disposable. [25] Jones next argues the trial court erred by declaring her personal property
abandoned and disposable when it entered the order of possession. Under the
landlord-tenant statutes, “a tenant’s personal property is considered abandoned
if a reasonable person would conclude that the tenant has vacated the premises
and has surrendered possession of the personal property.” I.C. § 32-31-4-2
(2007). Further, if a landlord is awarded possession, “the landlord may seek an
order from the court allowing removal of a tenant’s personal property.” Id.
(emphasis added). Read together, the statutes do not contemplate
abandonment to be determined prospectively, that is, before a tenant has
vacated the premises. And as Jones points out, her testimony cannot
reasonably be read to indicate an intent to surrender possession of her personal
property. Jones testified she expected a wheelchair to be delivered to the rental
house in the next month and was not sure if she could redirect the delivery
without substantial delay in receiving necessary medical equipment. We
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 16 of 20 therefore hold the trial court erred in declaring Jones’ personal property
abandoned and disposable at a future date.
The trial court erred in its handling of Jones’ counterclaim. [26] We turn now to Jones’ final issue: the trial court’s handling of her
counterclaim. Our review of the record raises numerous concerns, leading us to
conclude the trial court mishandled the claim.
[27] First, the trial court questioned whether Jones even filed a counterclaim,
observing she “really wrote a letter addressed to the court” even though it was
captioned and docketed as a counterclaim to be heard at the February 4
hearing. Tr. Vol. 2 at 37. A counterclaim in small claims court must contain a
“brief statement of the nature and amount of the claim[.]” S.C.R. 2(B)(4); see
S.C.R. 5 (providing a “counterclaim must conform with the requirements of
S.C. 2(B)(4).”). This is an even “more relaxed standard” than would be
required to state a claim in an ordinary civil action governed by the Indiana
Trial Rules, and “may be met by setting forth facts sufficient to identify the
dispute, even if facts essential to recovery are not alleged.” Niksich v. Cotton,
810 N.E.2d 1003, 1006 (Ind. 2004). In her filing, Jones alleged facts related to
habitability of the property (disruptions to gas and water service), that she
incurred inflated utility bills caused by maintenance issues, and Landlord’s
accounting was erroneous. Jones also requested monetary damages. 4 Jones’
4 It appears Jones requested more than the small claims court jurisdictional limit, currently $10,000. See I.C. § 33-28-3-4 (2021) (jurisdiction of small claims docket in circuit courts). We remind Jones that “[a]ny
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 17 of 20 filing set forth sufficient facts to identify a dispute and therefore to state a
counterclaim under the small claims rules.
[28] Landlord then objected to the trial court hearing the counterclaim for lack of
notice. The trial court made a few statements indicating Jones did not properly
serve her counterclaim on Landlord. The small claims rules about
counterclaims provide:
If the defendant has any claim against the plaintiff, the defendant may bring or mail a statement of such claim to the small claims court within such time as will allow the court to mail a copy to the plaintiff and be received by the plaintiff at least seven (7) calendar days prior to the trial. If such counterclaim is not received within this time the plaintiff may request a continuance pursuant to [Small Claims Rule] 9.
S.C.R. 5. It was therefore the trial court’s responsibility to mail a copy of
Jones’ counterclaim to Landlord, and Landlord’s remedy for lack of notice was
to request a continuance. See id.
[29] Finally, after telling Jones her claim was insufficient and not properly served,
the trial court explained, “as I read through your letter[, m]uch of what . . . you
have said today, your testimony is reflected in your letter, and I’ve kinda heard
what the circumstances are . . . and I don’t know that that’s going to impact my
decision today in any regard.” Tr. Vol. 2 at 37. This statement gave the
defendant pursuing a counterclaim to decision waives the excess of the defendant’s claim over the jurisdictional maximum of the small claims docket and may not later bring a separate action for the remainder of such claim.” S.C.R. 5(B).
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 18 of 20 impression the trial court was hearing the counterclaim but found Jones’
arguments unpersuasive. The trial court then pronounced judgment in
Landlord’s favor, although no written order or entry on the CCS indicates a
disposition on the counterclaim. We agree with Jones the trial court
“functionally dismissed” or denied her claim—without a meaningful hearing.
Appellant’s Br. at 26. We therefore remand with instructions to reinstate Jones’
counterclaim.
Conclusion [30] Landlord failed to carry its burden to establish its right to possession, and the
trial court improperly shifted the burden to Jones to prove Landlord’s claim. In
addition, the trial court’s hearing procedures denied Jones due process of law.
The trial court erred in prospectively declaring Jones’ personal property
abandoned and in its handling of Jones’ counterclaim. Accordingly, we reverse
the trial court’s order of possession (including disposition of Jones’ personal
property) and the subsequent award of damages, costs, and attorney fees to
Landlord, and remand with orders to reinstate Jones’ counterclaim.
[31] Reversed and remanded.
Tavitas, C.J., and Bailey, J., concur.
ATTORNEYS FOR APPELLANT Megan Stuart Jennifer W. Terry Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 19 of 20 Renee Skeete Berrien Springs, Michigan
Court of Appeals of Indiana | Opinion 25A-EV-532 | February 10, 2026 Page 20 of 20