Indiana’s small claims court rules let you sue for up to $10,000 in an informal proceeding designed for people without lawyers.1Indiana General Assembly. Indiana Code 33-28-3-4 – Jurisdiction of Small Claims Docket Filing fees, venue, service, hearing procedures, and enforcement all follow specific statutes and the Indiana Small Claims Rules. Knowing what those rules require before you file, or before you respond to a claim someone has filed against you, saves time and avoids dismissals on technicalities.
What Small Claims Court Covers
The dollar cap is $10,000. If your claim is larger, you can voluntarily waive the excess to keep the case in small claims, but you permanently give up the difference.1Indiana General Assembly. Indiana Code 33-28-3-4 – Jurisdiction of Small Claims Docket The court also hears landlord-tenant possessory actions where unpaid rent at filing does not exceed $10,000, along with emergency possessory actions under Indiana’s landlord-tenant statutes.
Typical cases include breach of contract, property damage, unpaid debts, and security deposit disputes. Two things small claims cannot do: foreclosures and actions to take possession of real estate under a land contract. Those belong in circuit or superior court as civil cases.2Indiana Office of Court Services. Indiana Small Claims Manual
Where to File
You can file in any county where the transaction took place, where the debt was incurred, where the obligation was supposed to be performed, where the defendant lives, or where the defendant works when you file. If several counties qualify, pick the one that works best for you.3Indiana Office of Court Services. Indiana Small Claims Manual Filing in the wrong county gives the defendant grounds to have the case dismissed or transferred.
Deadlines to File
Each type of claim has a statute of limitations. Miss it and the court will dismiss the case regardless of the merits.
- Written contracts: 10 years from the date of the breach.4Indiana General Assembly. Indiana Code 34-11-2-11 – Written Contract Actions
- Oral contracts and accounts: 6 years from the date of breach.5Indiana General Assembly. Indiana Code 34-11-2-7 – Six Year Limitation
- Personal injury and property damage: 2 years from the date of injury or damage.
If a deadline is close and you are still negotiating, file first. A pending case does not stop you from settling; a missed deadline ends your options.
Filing the Claim and Serving the Defendant
You start by filing a Notice of Claim, which also functions as the summons, with the small claims court in the appropriate county. The notice describes the dispute, identifies the defendant, and states the amount you are seeking. Court staff can usually help with the form.
As of 2025, base court costs and fees total $87 for a small claims case. If the sheriff serves the defendant, add $28 for service of process, bringing the total to $115, plus a $10 per-defendant service fee on top of that.6Indiana State Board of Accounts. 2025 Court Costs and Fees by Case Type If you win, you can ask the court to add these costs to the judgment.
Under Small Claims Rule 3, the defendant must be formally notified. Options include certified mail with return receipt requested, personal delivery, or leaving a copy at the defendant’s residence. If the notice is left at the residence rather than handed to the defendant, a copy must also be mailed first-class to the defendant’s last known address.7Indiana Court Rules. Rule 3 – Manner of Service Sheriff service and the methods available under Indiana’s Trial Rules also work.
Certified mail is the cheapest route but only works if the defendant signs the return receipt. If the mail comes back unclaimed, arrange personal service instead. A failed service attempt can push your hearing date back considerably.
How the Hearing Works
Small claims hearings are intentionally informal. The rules state that the trial’s sole objective is “dispensing speedy justice” and that it is not bound by the usual rules of practice, procedure, or evidence, except for rules on privileged communications and settlement offers.8Indiana Court Rules. Rule 8 – Informality of Hearing Judges typically ask their own questions, redirect witnesses, and drive the proceeding rather than waiting for each side to conduct a formal examination.
Testimony is given under oath. You can subpoena witnesses, and the court issues subpoenas at no extra charge.8Indiana Court Rules. Rule 8 – Informality of Hearing There is no formal discovery. You appear, present your evidence, tell your side, and the judge decides. Most hearings finish in under 30 minutes.
Relaxed evidence rules cut both ways. The judge has wide discretion to consider material that might be excluded in a higher court, but the evidence still has to be relevant, and the judge can refuse to consider anything unreliable.
Filing in small claims automatically waives the plaintiff’s right to a jury trial. The defendant waives it too, unless they request a jury trial at least three calendar days before the scheduled hearing.9Indiana General Assembly. Indiana Code 33-34-3-11 – Waiver of Trial by Jury; Transfer of Claim If the defendant does request one, the case transfers to the county’s superior court and the defendant pays the filing costs that would have applied if the case had been filed there originally. The Notice of Claim served on the defendant must include a statement explaining this right.
If You Are the Defendant
If you believe the plaintiff owes you money from the same dispute, you can file a counterclaim. It must be in writing, and you have to give the plaintiff a copy. You can file any time up to the day of trial, though filing earlier reduces the chance the judge grants a continuance.10Indiana Court Rules. Indiana Small Claims Rules – Rule 5 Counterclaims A counterclaim over $10,000 can be filed in a higher court with a request to transfer the original claim there. A counterclaim from an entirely different transaction has to be filed as a separate case.
Failing to appear has real consequences. If the plaintiff does not show up, the court can dismiss the case. If the defendant fails to appear after being properly served, the court can enter a default judgment for the full amount claimed.11Indiana Court Rules. Rule 10 – Dismissal and Default A default judgment is as enforceable as one entered after a full hearing, but it can be challenged if service was defective, so keep proof of service.
Representing a Business
Individuals can always represent themselves. Businesses face tighter rules. A corporation, partnership, or sole proprietorship can send a full-time non-attorney employee to represent it, but only when the claim is $1,500 or less. For a corporation, the employee must be appointed through a formal board resolution, and a Certificate of Compliance must be filed with the court. The employee also has to submit an affidavit confirming they are a full-time employee, they have been designated to appear, and they have not been disbarred or suspended from practicing law.
Sole proprietors and partners can represent the business regardless of the amount. LLCs have more flexibility: a manager named in the articles of organization, or a member if no manager is designated, can represent the LLC in all cases. For a corporation with anything over $1,500, you need an attorney.
After the Judgment
The judgment states how much the losing party owes, including any court costs awarded to the winner. Interest accrues from the date of entry. If the dispute involved a written contract with an agreed interest rate, that rate applies up to a maximum of 8% per year. Without a contract, the rate is 8%.12Indiana General Assembly. Indiana Code 24-4.6-1-101 – Money Judgments
The court does not collect for you. If the defendant does not pay, you pursue enforcement yourself. Options include garnishing wages or bank accounts and placing liens on property. Indiana garnishment is governed by statutes under Title 34, and it requires additional paperwork and additional fees.6Indiana State Board of Accounts. 2025 Court Costs and Fees by Case Type A judgment is only valid for a set period, so track the deadline for renewing or executing on it.
Appeals
Either party can appeal to the circuit or superior court. The notice of appeal must generally be filed within 30 days of the judgment. A small claims appeal in Indiana usually results in a trial de novo, meaning the higher court hears the case fresh with new testimony and evidence, as if the small claims hearing never happened.
If you lost and want to prevent the winner from collecting during the appeal, you have to post an appeal bond. Under Indiana’s Trial Rules, the bond must cover the full unpaid judgment plus anticipated costs, interest, and damages for delay. Post-judgment interest runs at up to 8% per year.12Indiana General Assembly. Indiana Code 24-4.6-1-101 – Money Judgments Without a bond, the winner can begin enforcement while the appeal is pending. If the other side then requests a jury on appeal, you may end up in a more formal proceeding than the one you chose to avoid.