An Indiana small claims Notice of Claim is the one-page form that opens a lawsuit for money damages of up to $10,000. You get the form from the clerk in the county where the case belongs, fill in your information, the defendant’s information, a short description of the dispute, and the dollar amount you want, then file it with a $35 fee and pick how the defendant will be served. The clerk assigns a cause number and schedules a hearing.
Before You Fill Out the Form
Two things determine whether small claims court is the right venue. First, the amount: Indiana small claims courts handle civil cases seeking up to $10,000.1Indiana General Assembly. Indiana Code 33-28-3-4 – Jurisdiction of Small Claims Docket If your claim is larger, you can waive the excess to stay within the cap, but you give up the right to recover the difference in a separate lawsuit later. The $10,000 limit is statewide.
Second, the deadline. Your claim has to fall within Indiana’s statute of limitations, and the clock started running when the dispute arose:
- Personal injury or personal property damage: 2 years (Indiana Code 34-11-2-4).
- Written contracts for payment of money, such as promissory notes: 6 years (Indiana Code 34-11-2-9).
- Oral contracts and account disputes: 6 years (Indiana Code 34-11-2-7).
- Other written contracts, including leases and deeds of trust: 10 years (Indiana Code 34-11-2-11).
File after the deadline and the court will dismiss the case, no matter how strong the evidence. If you’re close to a cutoff, file first and gather supporting documents afterward. The filing date is what counts.
Where to Get the Form
The Notice of Claim is available at any county clerk’s office, and many counties post a downloadable version on their court website. The clerk is required to provide blank forms and will help you fill one out if you ask.2Indiana Small Claims Rules. Indiana Small Claims Rule 2 – Commencement of Action There is no single statewide template you need to track down. Use the version your local clerk uses.
What Goes on the Notice of Claim
The form asks for four categories of information.
Your information. Full legal name, mailing address, email address, and phone number.
The defendant’s information. Full legal name and mailing address, plus a phone number if you have one. Getting the name exactly right matters. A judgment against the wrong legal name can be unenforceable. If you’re suing a business, use the registered business name rather than a trade name or storefront sign.
A description of the claim. A brief statement explaining what happened and why the defendant owes you money. Stick to facts: the date of the incident, what the defendant did or failed to do, and how it caused your loss. A workable example: “Defendant failed to return $2,500 security deposit after lease ended on March 1, 2025, despite no damage to the property.” That level of detail is enough.
The amount you want. A specific dollar figure, up to $10,000.
Indiana Small Claims Rule 2 describes the form as an “unverified” notice of claim, meaning you do not sign it under penalty of perjury the way you would a verified complaint in regular civil court.2Indiana Small Claims Rules. Indiana Small Claims Rule 2 – Commencement of Action You still sign it. The standard is just less formal.
Documents to Attach
If your claim arises from a written contract, attach a copy. If the claim is based on an account, such as an unpaid invoice or credit balance, attach an Affidavit of Debt using the format in Small Claims Appendix A.2Indiana Small Claims Rules. Indiana Small Claims Rule 2 – Commencement of Action Not having the original contract doesn’t stop you from filing. The rule explicitly allows the case to proceed without it. If you have a copy, include it.
Attach anything else that supports your claim: repair estimates, photographs, receipts, or written correspondence with the defendant. Make sure the dollar figure on the form matches what your documents show.
Redact Personal Information
Court filings become part of the public record. Before attaching anything, black out Social Security numbers, full financial account numbers, and dates of birth. Show only the last four digits of account numbers. The clerk will not do this for you. Protecting private information is your responsibility.
Filing Fees
The base filing fee is $35, plus a $10 service fee for each named defendant. Two defendants means $55 total. When you file electronically, the per-defendant service fee is waived and you pay only the $35 base cost.3Indiana General Assembly. Indiana Code 33-37-4-6 – Small Claims Costs Fee If you request sheriff service, add $28 per defendant served that way.4Indiana General Assembly. Court Fees Imposed in Civil, Probate, and Small Claims Cases
If you can’t afford the fee, ask the clerk for a fee waiver form. Small Claims Rule 2 specifically allows a case to be started by filing an order waiving the filing fee instead of paying it.2Indiana Small Claims Rules. Indiana Small Claims Rule 2 – Commencement of Action Be ready to show proof of income. Approval is at the court’s discretion.
How to File
Electronic Filing
Indiana courts accept electronic filing through the statewide Indiana E-Filing System. Register for a free account with one of the approved e-filing service providers listed on the Indiana Judicial Branch website.5Indiana Judicial Branch. Indiana Statewide E-filing Upload the completed Notice of Claim and any attachments, pay online, and you’ll get electronic confirmation once the clerk processes the filing. E-filing waives the per-defendant service fee, so it’s the cheaper option if you’re suing more than one person.
Filing in Person
You can also walk the form into the clerk’s office at the courthouse. Bring the original signed form plus copies. The number of copies varies by county, so call ahead or check the local court’s website before you go. Pay the filing fee at the counter. The clerk stamps your documents with a filing date, which officially starts the case and locks in your compliance with the statute of limitations.
Either way, the clerk assigns a cause number once the filing is processed. Write that number on every document and reference it in every communication with the court from then on. The clerk also generates a summons with the scheduled hearing date and time, which is sent to the defendant using whatever service method you selected on the form.
Getting the Defendant Served
Indiana Small Claims Rule 3 gives you several ways to have the Notice of Claim and summons delivered:6Indiana Rules of Court. Indiana Small Claims Rule 3 – Manner of Service
- Certified mail. The clerk sends the documents by certified mail with a return receipt. The signed receipt proves the defendant received the paperwork. This is the most common and least expensive method.
- Personal service. A sheriff’s deputy or process server hand-delivers the documents. The extra $28 buys a service record that is harder for the defendant to dispute. If you think the defendant will ignore certified mail, personal service is worth the added cost.
- Leaving at the defendant’s residence. If the defendant can’t be found in person, documents can be left at their home or usual place of residence.
You choose the service method on the Notice of Claim form itself. If the first attempt fails, such as certified mail coming back unclaimed, you may need to switch methods and pay another service fee. The case cannot move forward until the defendant is properly served, so an accurate mailing address on the form is critical.
What Happens After You File
Once the clerk processes the filing, you’ll have a cause number and a hearing date. The defendant is served with the summons and the Notice of Claim. Small claims hearings are intentionally informal, and the court is not bound by standard rules of evidence or civil procedure, aside from rules on privileged communications and settlement offers.7Delaware County, IN. Indiana Rules of Court Small Claims – Rule 8 Informality of Hearing Everyone still testifies under oath.
To win, you need to prove the defendant is legally responsible for your loss and the specific dollar amount of your damages by a preponderance of the evidence. The judge cannot guess at your damages, so bring documentation for every dollar you’re claiming.8Indiana Office of Court Services. Small Claims Manual If the defendant doesn’t appear, the court can enter a default judgment in your favor as long as you show up and present enough evidence to establish your claim.9Indiana Small Claims Rules. Indiana Small Claims Rules – Rule 10 Dismissal and Default If you don’t appear, the court dismisses your case without prejudice, and you can refile as long as the statute of limitations hasn’t run.
Before any default judgment, federal law requires an affidavit stating whether the defendant is on active military service. Under the Servicemembers Civil Relief Act, the court cannot enter default without it.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The Department of Defense maintains a free online search tool for verifying military status.