How does small claims court work in Indiana?
1. Jurisdictional Limit
Indiana Small Claims Rule 1 and Ind. Code § 33-29-2-4 cap Small Claims Docket jurisdiction at $10,000 in most counties. Marion County township small claims courts have the same $10,000 limit (Ind. Code § 33-34-3-2).
2. Court Name
Small Claims Docket of the Circuit, Superior, or County Court, or — in Marion County only — the Township Small Claims Court.
3. Filing Fee
Filing fees range $35-$96 depending on the county, plus $13-$28 service fees per defendant. Indigent filers may petition under Ind. Code § 33-37-3-2 to proceed in forma pauperis.
4. Filing the Claim
File a Notice of Claim in the county where the defendant resides, is doing business, or where the events occurred (Sm. Cl. R. 12). In Marion County, file in the township where the defendant resides or the obligation was incurred. Service is by certified mail by the clerk, or by sheriff/private process server (Sm. Cl. R. 3).
5. Defendant's Response
No written answer is required; defendants need only appear on the hearing date set in the Notice (typically 20-60 days after filing). Counterclaims may be filed at any time before judgment, within the small claims limit. Failure to appear results in default judgment.
6. Attorney Representation
Attorneys are permitted on both sides (Sm. Cl. R. 8(C)). Corporations and LLCs may appear through a full-time employee in small claims under Ind. Code § 34-9-1-1 — an exception to the usual rule requiring corporate representation by counsel.
7. Hearing
Hearings are informal; the Indiana Rules of Evidence do not strictly apply (Sm. Cl. R. 8(A)). The judge actively develops the record. Many courts offer mediation referrals.
8. Judgment & Collection
Either party may appeal to the Court of Appeals on the record within 30 days (Ind. App. R. 9), but only after the small claims judgment is entered. Small claims rules limit relief from judgment to TR 60(B) motions filed within 1 year. Collection tools include garnishment under Ind. Code § 34-25-3, proceedings supplemental under Trial Rule 69(E), and judgment liens recorded under Ind. Code § 34-55-9.
9. Statute of Limitations
Standard SOLs apply: 10 years for written contracts (Ind. Code § 34-11-2-11), 6 years for oral contracts (§ 34-11-2-7), 2 years for personal injury and property damage (§ 34-11-2-4), and 6 years for fraud (§ 34-11-2-7).
This is legal information, not legal advice.
- Your claim exceeds $10,000 and must be filed on the plenary civil docket
- You need to appeal a small claims judgment on the record, requiring preservation of objections
- The defendant is a business entity refusing to send a knowledgeable employee, complicating proof
- Ind. Code § 33-29-2-4
- Indiana Small Claims Rules
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.