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NIKSICH v. COTTON

No. 48S02-0402-CV-80.

810 N.E.2d 1003 (2004)

Edward J. NIKSICH, Appellant (Plaintiff below), v. Zettie COTTON and Steve Van Cleave, Appellees (Defendants below).

Supreme Court of Indiana.

June 24, 2004.

Attorney(s) appearing for the Case

Edward J. Niksich, Pendleton, IN, Appellant Pro Se.

Steve Carter, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 48A02-0210-CV-851.

BOEHM, Justice.

We hold that a small claims notice of claim is sufficient if it states the general nature of the claim. A notice of claim need not allege facts that establish a right to recovery. However, a small claims court may grant a defendant's motion to dismiss the notice of claim if it is apparent from the face of the notice of claim that the plaintiff is precluded from...

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