What is the small claims limit in Indiana?

Indiana small claims is a division of the County Circuit Court (or Marion County Small Claims Courts), governed by Indiana Small Claims Rules and IC Title 33.

1. Monetary Limit — IC 33-29-2-4 sets the limit at $10,000 for most counties' small claims dockets. Marion County's unique small claims courts have a $8,000 limit under IC 33-34-3-2.

2. Filing Fee — $35-$110 depending on county and claim amount (IC 33-37-4-6). Service of process by sheriff is approximately $28-$39 per defendant. Indigent fee waivers available.

3. Lawyers — Permitted at all stages. Corporations may be represented by a full-time employee in small claims (Ind. Small Claims Rule 8). Sole proprietors may represent themselves.

4. Statute of Limitations — Standard Indiana SOLs: 10 years for written contracts (IC 34-11-2-11), 6 years for oral contracts (IC 34-11-2-7), 2 years for personal injury and property damage (IC 34-11-2-4), 6 years for fraud (IC 34-11-2-7).

5. Where to File — County circuit, superior, or county court small claims docket where (a) defendant resides, (b) the contract was performed, or (c) the cause of action accrued (Ind. Small Claims Rule 12).

6. Service — By certified mail (court clerk), sheriff, or designated private process server. Defendant must be served at least 20 days before the trial date (Ind. Small Claims Rule 4).

7. Hearing — Informal trial before judge or magistrate. Rules of evidence relaxed. Hearing typically held 30-60 days after filing.

8. Appeal Rights — Either party may appeal within 30 days of judgment to the Indiana Court of Appeals (Ind. App. R. 9). Appeal is on the record, not de novo. Marion County small claims appeals go to a special appellate panel under IC 33-34-3-15.

This is legal information, not legal advice.