Small claims in Indiana.
Indiana's small claims courts offer a streamlined process for resolving disputes up to $10,000, with informal procedures and quick resolutions.
- Most you can sue for$10,000Same cap for individuals and businesses
- Filing fee$35-$45Varies by county and number of defendants
- CourtCircuit or Superior Court (small claims docket)
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysAppeal to Court of Appeals within 30 days
- Recent change—No major changes in the last 3 years
Find your situation.
Indiana small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Indiana allows you to file claims for breaches of contract and money owed, with a statute of limitations of 6 years for written contracts and 6 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are handled in small claims court but have specific procedures and requirements distinct from other claims.
Try instead: Small Claims Court with eviction procedures
Title to real estate
Small claims courts do not have jurisdiction over disputes involving the title to real estate.
Try instead: Circuit or Superior Court
Defamation
Claims involving defamation require complex legal procedures and are not suitable for small claims court.
Try instead: Circuit or Superior Court
Malpractice
Professional malpractice claims involve specialized legal standards and are beyond the scope of small claims court.
Try instead: Circuit or Superior Court
Family law and probate
Matters such as divorce, child custody, and probate are handled by specialized courts and are not within small claims jurisdiction.
Try instead: Family Court or Probate Court
Claims against the federal government
Small claims courts do not have jurisdiction over claims against federal agencies or the federal government.
Try instead: Federal Court
Workers' compensation
Claims for workers' compensation benefits are handled by the Indiana Workers' Compensation Board, not small claims court.
Try instead: Indiana Workers' Compensation Board
Class actions
Class action lawsuits involve multiple plaintiffs and complex legal issues, making them unsuitable for small claims court.
Try instead: Circuit or Superior Court
Injunctions and specific performance
Small claims courts cannot issue injunctions or orders for specific performance; they can only award monetary damages.
Try instead: Circuit or Superior Court
Bankruptcy
Bankruptcy proceedings are handled exclusively by federal bankruptcy courts and are not within the jurisdiction of small claims courts.
Try instead: Federal Bankruptcy Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the statute of limitations clock when the fraud is discovered.
File your case
File at the Small Claims Division of the Circuit or Superior Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Indiana: E-filing availability varies by county; check with the local court clerk for specific information.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 10 days before the hearing (in the same county) or 20 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail by clerk. The court clerk sends the summons and complaint to the defendant via certified mail.
- Personal service by sheriff. A sheriff or deputy personally delivers the summons and complaint to the defendant.
- Private process server. A licensed individual delivers the summons and complaint to the defendant.
File the proof of service () at least 3 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court permission for alternative methods.
Show up to the hearing
Bench trial with informal procedures; parties present evidence and testimony directly to the judge.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within a few days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to support the claim and amount sought.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the scheduled hearing to avoid default judgment.
Counter-suing the plaintiff: Allowed using (Counterclaim). Serve the plaintiff at least 7 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the small claims limit, the case may be transferred to a higher court. Ind. Code § 33-28-3-4
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 8% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a motion for proceedings supplemental, serve the employer with a garnishment order, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a court order, serve it on the debtor's bank, and the bank freezes and transfers funds to satisfy the judgment.
Cost: $30-50 plus bank fees
Notes: Effective if debtor has sufficient funds in the account.
What’s protected:
- Social Security and federal benefits
- Certain retirement accounts
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File the judgment with the county recorder's office to create a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
Cost: $20-40 recording fee
Notes: Effective if debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $19,300
Writ of execution
Seize and sell debtor's personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize debtor's non-exempt personal property, and sell it at public auction.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property up to $10,250
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are recorded.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $200.
- Form: Notice of Appeal.
- Type: On the record — the higher court reviews the existing trial record.
Appeals are based on the record of the small claims court; new evidence is typically not considered.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Marion
- Small claims court structure: Marion County operates separate township small claims courts with jurisdiction over cases up to $8,000.
Lake
- E-filing availability: Lake County offers e-filing for small claims cases through the Indiana E-Filing System.
Why cases get dismissed.
Incorrect venue selection
What goes wrong: Filing in the wrong venue can lead to dismissal or transfer of your case, causing delays and additional costs.
How to avoid it: Ensure you file in the correct county based on the defendant's residence, employment, or where the incident occurred.
Exceeding the monetary limit
What goes wrong: Claims exceeding $10,000 are not eligible for small claims court and must be filed in a higher court.
How to avoid it: If your claim exceeds the limit, consider waiving the excess amount or filing in the appropriate higher court.
Failure to serve defendant properly
What goes wrong: Improper service can result in delays or dismissal of your case.
How to avoid it: Follow Indiana's rules for service of process carefully, using certified mail, sheriff, or a private process server as appropriate.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your case.
How to avoid it: Be aware of the specific statute of limitations for your claim type and file within the required timeframe.
Insufficient evidence
What goes wrong: Lack of evidence can lead to losing your case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness information to support your claim before filing.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you are unprepared, you could lose and owe money.
How to avoid it: Be prepared to address any counterclaims by gathering evidence and understanding the defendant's potential arguments.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources7 citations and statutes
- Indiana Small Claims ManualIndiana Small Claims Manual
- Indiana Court Fee ScheduleIndiana Court Fee Schedule
- Ind. Code § 33-28-3-4Ind. Code § 33-28-3-4
- Ind. Code § 34-11-2-9Ind. Code § 34-11-2-9
- Ind. Code § 34-25-3Ind. Code § 34-25-3
- Ind. Code § 32-31-3-12Ind. Code § 32-31-3-12
- Ind. Code § 22-2-5-1Ind. Code § 22-2-5-1
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.