Indiana Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Indiana: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Indiana
- Small claims limit
- $10,000 (claims filed on or after July 1, 2021). Landlord-tenant disputes qualify if the rent due at filing is $10,000 or less. A plaintiff who files in small claims gives up any amount over the limit. IC 33-29-2-4; Indiana Small Claims Manual (2026, updated 12/23/2025); S.C. 2(A)(2)
- Filing fee
- A filing fee must be paid when the notice of claim is filed, unless the court enters an order waiving it. Fees paid for filing and service are not refunded if the claim is dismissed. Ind. Small Claims Rule 2(A)(1); Indiana Small Claims Manual
- Are lawyers allowed?
- Yes. A person may appear alone or with a lawyer. Sole proprietorships, partnerships, corporations, LLCs, LLPs and trusts may appear through a lawyer, owner, or a designated full-time employee (or trustee), who must file a certificate of compliance and affidavit in each case; using a designated employee waives any claim over the small claims limit. Ind. Small Claims Rule 8(C)
- Appeals
- A party may appeal to the Indiana Court of Appeals, and must take the required steps within 30 days of the judgment. A default judgment may be set aside for good cause within one year. Indiana Small Claims Manual; Ind. Small Claims Rule 10(C)
Court: Small claims docket of the Circuit or Superior Court (Marion County township small claims courts in Indianapolis). Last verified: 2026-10-24.
How to file a small claims case in Indiana
- Confirm your claim is $10,000 or less (for landlord-tenant cases, rent due of $10,000 or less) and that you are filing in a proper county or township.
- Fill out a notice of claim (the clerk provides forms and can help), attaching any written contract or lease, and file it with the fee or a fee-waiver order.
- The notice of claim is served on the defendant by certified mail, personal service or at the defendant's home at least 10 days before the appearance date.
- The defendant does not have to file a written answer but must appear; any counterclaim must reach the plaintiff at least 7 days before trial, and a jury request must be made within 10 days.
- Attend the hearing with documents and witnesses; a written, signed settlement can be filed and becomes the judgment.
- A party may appeal to the Indiana Court of Appeals within 30 days.
- If you win and are not paid, file a Proceedings Supplemental to seek garnishment or execution.
Can you use small claims court?
| Small claims limit | $10,000 (claims filed on or after July 1, 2021). Landlord-tenant disputes qualify if the rent due at filing is $10,000 or less. A plaintiff who files in small claims gives up any amount over the limit. |
|---|---|
| Who can file | Individuals and businesses may file. A third party that bought or was assigned a claim or debt (such as a debt buyer) must be represented by a lawyer. A debt buyer suing on a consumer debt must attach an Affidavit of Debt with the signed original contract, the chain of ownership and the bill of sale. |
| Are lawyers allowed? | Yes. A person may appear alone or with a lawyer. Sole proprietorships, partnerships, corporations, LLCs, LLPs and trusts may appear through a lawyer, owner, or a designated full-time employee (or trustee), who must file a certificate of compliance and affidavit in each case; using a designated employee waives any claim over the small claims limit. Source: Ind. Small Claims Rule 8(C) |
Filing your case
| Where to file | In the county where the transaction or occurrence took place, where the obligation was incurred or is to be performed, or where a defendant lives or works. In Marion County township small claims courts, the same rule applies by township, and landlord-tenant claims must be filed in the township where the rental property is located (if it has a small claims court). A contract cannot waive these venue rules. Source: Ind. Small Claims Rule 12 |
|---|---|
| Official forms | An Indiana small claims case starts with a Notice of Claim, a brief written statement of the nature and amount of the claim, filed in several copies with the clerk; Notice of Claim forms are available from the clerk's office free of charge. Claims on an account must also include an Affidavit of Debt (a statewide form). The small claims limit is $10,000. |
| Filing fee | A filing fee must be paid when the notice of claim is filed, unless the court enters an order waiving it. Fees paid for filing and service are not refunded if the claim is dismissed. The fee amount is set by statute and local charges; check with the county clerk. |
| Serving the defendant | The notice of claim serves as the summons. It may be served by certified mail with return receipt, by personal delivery, by leaving a copy at the defendant's home (with a follow-up first-class mailing), or by other methods under Trial Rules 4.1-4.16. In Marion County, the township constable may serve in person. Notice must be served at least 10 days before the appearance date. |
Before and at the hearing
| When the hearing happens | The court sets the appearance date on the notice of claim with the aim of speedy justice. In many courts the first date is used to find out whether the defendant disputes the claim, and a contested case may be set for trial later. |
|---|---|
| Does the defendant file an answer? | No. All defenses are considered at issue without a written answer. The court may ask the defendant to enter an appearance (in person, by phone or by mail), but not doing so is not grounds for default; failing to appear at the hearing is. |
| Counterclaims | A defendant may bring or mail a counterclaim to the court in time for the plaintiff to receive it at least 7 calendar days before trial (otherwise the plaintiff may ask for a continuance). A defendant who pursues a counterclaim to decision gives up any amount over the small claims limit. Source: Ind. Small Claims Rule 5 |
| Mediation | The court may order alternative dispute resolution only if it is not prohibited by law, consistent with speedy informal justice, agreed to by the parties, and provided at no cost. Written, signed settlements filed with the court have the effect of a judgment. Source: Ind. Small Claims Rules 7, 8(A) |
| Jury trial | The plaintiff waives a jury by filing in small claims. The defendant may request a jury trial in writing within 10 days after receiving the notice of claim and must pay the statutory transfer fee within 10 days after the request is granted; the case then moves to the court's plenary (regular) docket with formal rules. The Small Claims Manual lists the transfer fee as $70. |
After the decision
| Appeals | A party may appeal to the Indiana Court of Appeals, and must take the required steps within 30 days of the judgment. A default judgment may be set aside for good cause within one year. |
|---|---|
| Collecting your judgment | The judgment becomes a lien on the debtor's real property in the county for 10 years and can be enforced for up to 20 years. If the debtor does not pay, file a Proceedings Supplemental; the debtor must answer questions under oath, and the court may order installment payments, wage garnishment (within legal limits) or execution against personal property. The winner also recovers court costs. |
Deadline to sue
Indiana has several overlapping periods. 6 years for actions 'for use, rents, and profits of real property' and for contracts not in writing (IC 34-11-2-7). 6 years for written contracts for the payment of money executed after Aug. 31, 1982 (IC 34-11-2-9). 10 years for other written contracts (IC 34-11-2-11). An unpaid-rent claim generally falls in a 6-year category; a claim on other written lease terms (e.g., property damage under the lease) may fall under the 10-year rule. IC 34-11-2-7, 34-11-2-9, 34-11-2-11
Official forms and help
Suing a landlord or tenant in Indiana
Small claims hears landlord-tenant cases where rent due is $10,000 or less, including claims for rent, damages, return of a security deposit and possession of the rental (an order of possession must be requested within 30 days of judgment under S.C. 16). In Marion County township courts, landlord-tenant cases are filed in the township where the property is located.
- Indiana security deposit demand letter (send before you sue)
- Indiana security deposit law
- Tenant lawyers and free legal aid in Indiana
Indiana small claims FAQ
What is the small claims limit in Indiana?
$10,000 (claims filed on or after July 1, 2021). Landlord-tenant disputes qualify if the rent due at filing is $10,000 or less. A plaintiff who files in small claims gives up any amount over the limit.
Who can file a small claims case in Indiana?
Individuals and businesses may file. A third party that bought or was assigned a claim or debt (such as a debt buyer) must be represented by a lawyer. A debt buyer suing on a consumer debt must attach an Affidavit of Debt with the signed original contract, the chain of ownership and the bill of sale.
Can you bring a lawyer to small claims court in Indiana?
Yes. A person may appear alone or with a lawyer. Sole proprietorships, partnerships, corporations, LLCs, LLPs and trusts may appear through a lawyer, owner, or a designated full-time employee (or trustee), who must file a certificate of compliance and affidavit in each case; using a designated employee waives any claim over the small claims limit.
Where do I file a small claims case in Indiana?
In the county where the transaction or occurrence took place, where the obligation was incurred or is to be performed, or where a defendant lives or works. In Marion County township small claims courts, the same rule applies by township, and landlord-tenant claims must be filed in the township where the rental property is located (if it has a small claims court). A contract cannot waive these venue rules.
How much does it cost to file in small claims court in Indiana?
A filing fee must be paid when the notice of claim is filed, unless the court enters an order waiving it. Fees paid for filing and service are not refunded if the claim is dismissed.
How do I serve the other side in a Indiana small claims case?
The notice of claim serves as the summons. It may be served by certified mail with return receipt, by personal delivery, by leaving a copy at the defendant's home (with a follow-up first-class mailing), or by other methods under Trial Rules 4.1-4.16. In Marion County, the township constable may serve in person. Notice must be served at least 10 days before the appearance date.
How long does a small claims case take in Indiana?
The court sets the appearance date on the notice of claim with the aim of speedy justice. In many courts the first date is used to find out whether the defendant disputes the claim, and a contested case may be set for trial later.
Does a defendant have to file an answer in Indiana small claims court?
No. All defenses are considered at issue without a written answer. The court may ask the defendant to enter an appearance (in person, by phone or by mail), but not doing so is not grounds for default; failing to appear at the hearing is.
Can the defendant file a counterclaim in Indiana small claims court?
A defendant may bring or mail a counterclaim to the court in time for the plaintiff to receive it at least 7 calendar days before trial (otherwise the plaintiff may ask for a continuance). A defendant who pursues a counterclaim to decision gives up any amount over the small claims limit.
Is there a jury in Indiana small claims court?
The plaintiff waives a jury by filing in small claims. The defendant may request a jury trial in writing within 10 days after receiving the notice of claim and must pay the statutory transfer fee within 10 days after the request is granted; the case then moves to the court's plenary (regular) docket with formal rules.
Can you appeal a small claims decision in Indiana?
A party may appeal to the Indiana Court of Appeals, and must take the required steps within 30 days of the judgment. A default judgment may be set aside for good cause within one year.
How do I collect a small claims judgment in Indiana?
The judgment becomes a lien on the debtor's real property in the county for 10 years and can be enforced for up to 20 years. If the debtor does not pay, file a Proceedings Supplemental; the debtor must answer questions under oath, and the court may order installment payments, wage garnishment (within legal limits) or execution against personal property. The winner also recovers court costs.
Is mediation required in Indiana small claims court?
The court may order alternative dispute resolution only if it is not prohibited by law, consistent with speedy informal justice, agreed to by the parties, and provided at no cost. Written, signed settlements filed with the court have the effect of a judgment.
Where can I get small claims court forms in Indiana?
An Indiana small claims case starts with a Notice of Claim, a brief written statement of the nature and amount of the claim, filed in several copies with the clerk; Notice of Claim forms are available from the clerk's office free of charge. Claims on an account must also include an Affidavit of Debt (a statewide form). The small claims limit is $10,000.
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