My question involves small claims court in the state of: Indiana (Allen County)
I am suing my ex-roommate for his half of rent and utilities I paid. His name is on the lease and he refused to pay. At the first hearing, I had a witness as to the things of his I had to clean up. The defendant did not show and our hearing was scheduled for 9am. He came the next day and filed a Motion to Set Aside the Default Judgment that was granted to me when he did not show. He said he was moving out of state and on his way to the courtroom his car broke down. I'm wondering if there is a way to fight his claim (there is no form to do so). Does he have to show receipts to prove his car broke down (from the tow truck or garage he took it to)? Does it matter that he didn't call or show up later that same day? His defense is that he did pay the rent, but I have a statement from the property management company, receipts, and my cashed checks to say otherwise. Is there any way to fight this without going to court for another hearing? I don't want to have to use another of my vacation days to go to court, as I am in my first 90 days on the job and I had already asked for vacation time that I won't be able to take if I use that day for this. I already took a day off and played by the rules, is there a way I can plead that in court? It seems unfair that I have to pay for his mistake, and I'm pretty sure he's lying about his reason for not being there since he lied in his defense statement on the form.