How to File a Small Claims Case in Indiana: Deadlines, Fees & Hearing

To file a small claims case in Indiana, you submit a Notice of Claim to the clerk in the correct county, pay a filing fee of $87 through the Indiana E-Filing System or $97 for a paper filing with one defendant, and arrange for the defendant to be formally served with the papers.¹ The court handles disputes up to $10,000, and the process is built for people representing themselves. If your dispute is worth more than $10,000, you can still use small claims court, but you permanently waive anything over the cap, and you can’t sue separately for the remainder.²

Confirm You’re Still Within the Deadline

Every civil claim in Indiana has a filing deadline set by statute. Miss it and the court will dismiss your case regardless of how strong the facts are. The clock generally starts on the date the harm occurred, or in some cases when you discovered it. The most common deadlines under Indiana Code 34-11-2 are:

Two years for personal injury, property damage, and professional malpractice
Six years for oral contracts, unpaid debts, and fraud
Ten years for written contracts

If your deadline is close, file first and keep building your evidence afterward. You can always add preparation before the hearing. You can’t undo a missed window.

Pick the Correct County

Indiana Small Claims Rule 12 sets where you can file. You have a few options: the county where the transaction or incident happened, the county where an obligation was supposed to be performed, or the county where the defendant lives or works when you file.³ For a car accident, that could be the county of the crash or the county where the other driver lives. For an unpaid loan, it could be where the borrower lives or where the agreement was made.

Landlord-tenant cases are stricter. They must be filed in the township where the rental sits, or, if that township has no small claims division, in another township within the same county.³

A contract clause that says disputes must be resolved in a particular county doesn’t override the rule. Rule 12 explicitly voids any agreement that tries to.³ File in the wrong county and the court will either transfer or dismiss.

Prepare the Notice of Claim

The Notice of Claim is the document that starts your case. You can pick up the form at the county clerk’s office or download it from the court’s website. Small Claims Rule 2 requires the Notice to include your full name, mailing address, email, and phone number; the defendant’s full legal name, address, and phone number if you have it; a brief statement of what happened, when, and how much you are seeking; and a copy of any written contract the claim is based on.⁴

Getting the defendant’s name right matters more than people expect. If you’re suing a business, you need the legal entity name, not the trade name on the storefront. The Indiana Secretary of State’s website lets you look up registered business names. If the name is wrong, the court can’t properly serve the defendant, and your case stalls or dies.

If you’re suing on an unpaid account rather than a written contract, attach an Affidavit of Debt instead. When you purchased the debt from someone else, Rule 2 requires more: the original signed agreement, a chain-of-title listing every prior owner of the debt, and a certified copy of the document that transferred the debt to you.⁴ Courts enforce these strictly.

Pay the Fee and Serve the Defendant

The base filing fee is $87. For paper filings, add $10 in service costs per defendant named, which brings a single-defendant paper filing to $97. Cases filed through the Indiana E-Filing System skip the per-defendant service fee and stay at $87 regardless of how many defendants you name.¹ E-filing is mandatory for attorneys and optional for self-represented individuals.⁵

Once you file, the defendant has to be formally notified through service of process. The Notice of Claim itself acts as the summons. Under Small Claims Rule 3, the usual methods are certified mail with return receipt, personal delivery, or leaving a copy at the defendant’s home with a first-class mail follow-up.⁶ The clerk handles certified mail, and that cost is built into your filing fee. Sheriff service is available for an added $28, collected once for the pre-judgment phase.¹

If certified mail comes back unclaimed, you aren’t stuck. Rule 3 allows any service method under Indiana Trial Rules 4.1 through 4.16, which includes hiring a private process server.⁶ Private servers typically charge between $50 and $150 depending on your area and how hard the defendant is to find.

Who Can File for a Business

Individuals always represent themselves. For a business, Small Claims Rule 8(C) is more flexible than regular civil court. Sole proprietors, partners, and owners of corporations, LLCs, and LLPs can all appear on behalf of the business without a lawyer, and a business can designate a full-time employee to represent it.⁷

Two catches to know. If you designate an employee, the business is bound by anything that employee agrees to, and the company waives any future claim above the small claims cap. A third party that bought or was assigned a claim cannot present it without an attorney.⁷

What Happens After You File

The clerk assigns a case number and sets a hearing date. Both you and the defendant get notice of the date, time, and location. From there, several things can happen.

The defendant may contact you to settle. That saves time on both sides. The defendant can also file a counterclaim arguing that you owe them money. Counterclaims must be filed early enough for the court to mail you a copy at least seven calendar days before the hearing. If yours arrives late, ask for a continuance.⁸

By filing in small claims, you waive your own right to a jury trial. The defendant can request one within ten days of being served by filing an affidavit stating there is a genuine factual dispute requiring a jury, and by paying a $70 transfer fee within ten days of the request being granted. Once granted, the jury request cannot be withdrawn without your consent, and the case moves to a more formal court docket.⁹

Either side can request one continuance for good cause. Courts rarely grant more than one per side.¹⁰

If the defendant ignores the lawsuit and doesn’t appear, you can ask for a default judgment, but it isn’t automatic. Under Indiana Trial Rule 55 and the federal Servicemembers Civil Relief Act, you must first file an affidavit telling the court whether the defendant is on active military duty.¹¹ The Department of Defense Manpower Data Center offers a free online search if you don’t know. Skipping this step can void the default judgment later.

Come to the Hearing Prepared

Indiana small claims hearings are informal by design. The court is not bound by the formal rules of evidence, though testimony is still given under oath.⁷ That informality cuts both ways. The judge has broad discretion, so strong documentation helps you and weak preparation hurts.

You present first. You testify, call any witnesses, and show your physical evidence. Then the defendant does the same. The judge decides based solely on what’s presented at the hearing, so anything you leave at home might as well not exist.⁹

Bring every document that supports your case: contracts, receipts, invoices, text messages, photos, and written estimates. Print everything. Most courts won’t accept evidence displayed only on a phone or tablet. Bring extra copies so the judge and the defendant can each have one, and hold onto photocopies of any irreplaceable originals, because the court keeps whatever you submit as part of the record.⁹

For landlord-tenant disputes, before-and-after photos of the property carry weight. Repair estimates and actual repair receipts establish the dollar value of damages. Keep every text, email, and letter between landlord and tenant organized in chronological order.⁹

If a witness won’t come voluntarily, ask the clerk to issue a subpoena at no extra charge.⁷ Request subpoenas as early as possible so there’s time to serve them.

If You Win

A judgment isn’t a check. The court doesn’t collect for you. If the defendant doesn’t pay voluntarily, you file for proceedings supplemental, a follow-up hearing where the court examines the defendant’s income and assets to see what can be applied to your judgment. Wage garnishment and bank account garnishment are the main tools, though Indiana law generally protects the first $450 in a bank account, and federal benefits like Social Security and VA payments have additional protections.

Your judgment accrues interest at 8% per year from the date of decision until it is paid in full. If the original dispute involved a contract with an agreed interest rate, the judgment can carry that contract rate, capped at 8% regardless of what the contract said.¹²

1
State of Indiana. 2025 Court Costs and Fees by Case Type
2
Indiana General Assembly. Indiana Code 33-28-3-4 – Jurisdiction of Small Claims Docket
3
Indiana Judicial Branch. Indiana Rules of Court Small Claims – Rule 12 Venue
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Indiana Judicial Branch. Indiana Small Claims Rule 2 – Commencement of Action
5
State of Indiana. Where E-Filing Is Available, Mandatory, or Coming Soon
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Indiana Judicial Branch. Indiana Small Claims Rule 3 – Manner of Service
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Indiana Judicial Branch. Indiana Small Claims Rule 8 – Informality of Hearing
8
Indiana Judicial Branch. Indiana Small Claims Rule 5 – Counterclaims
9
State of Indiana. Small Claims Manual 2026
10
Indiana Judicial Branch. Indiana Rules of Court Small Claims – Rule 9 Continuances
11
Indiana Judicial Branch. Indiana Trial Rule 55 – Default
12
Indiana General Assembly. Indiana Code 24-4.6-1-101 – Money Judgments