Indiana’s small claims courts hear cases worth up to $10,000. The process is informal, the forms are free from the clerk, and you don’t need a lawyer [1]. The trade-off: by filing in small claims, you give up any part of your claim over $10,000 [1].
At a glance
- Small claims limit
- $10,000 (cases filed since July 1, 2021) [1]
- Notice to the defendant
- Served at least 10 days before court [1]
- Jury demand
- Within 10 days of service, $70 fee [1]
- Appeal
- Act within 30 days of judgment [1]
- Judgment
- Lien for 10 years; enforceable up to 20 [1]
| Item | Rule |
|---|---|
| Most you can recover | $10,000 |
| Service on the defendant | At least 10 days before the court date |
| Defendant's jury trial request | Within 10 days of service, $70 fee |
| Ask to set aside a default judgment | Within 1 year, for good cause |
| Appeal to the Court of Appeals | Act within 30 days |
| Judgment lien on real estate | 10 years, can be extended |
| Judgment can be enforced | Up to 20 years |
What small claims handles
Small claims covers money disputes of $10,000 or less, including [1]:
- personal injury and damage to property,
- landlord-tenant disputes when the rent due is $10,000 or less,
- money owed: bad checks, unpaid wages, unpaid bills for services,
- return of property, or money paid for faulty work,
- emergency possession cases between landlords and tenants.
You can’t use small claims to foreclose, or to take back real estate sold on a land contract. Those cases go to the regular civil docket [1].
Before you file
Check the deadline. Every claim has a statute of limitations . Indiana’s common ones include two years for personal injury and damage to personal property, and six years for accounts, unwritten contracts, rent and promissory notes [1].
Pick the right county. You can file where the deal or accident happened, where the debt was incurred or was to be paid, or where the defendant lives or works [1].
Name the right defendant. The person or business owed the money has to sue. After a car crash, you sue the other driver, not the insurance company [1].
How to file
- Fill out a Notice of Claim. The clerk has the form at no charge. Briefly state what happened and how much you’re claiming [1].
- Attach your paperwork. If the case is about a written contract, give the clerk a copy for the court and one for each defendant. If you’re suing on an account, include an Affidavit of Debt [1].
- Give the defendant’s correct name, address and phone number [1].
- Pay the filing and service costs. You pay up front whether the clerk mails the notice by certified mail or the sheriff delivers it. If you win, the defendant is ordered to pay you back [1].
Notice has to reach the defendant at least 10 days before the court date. If it can’t, you can dismiss or ask for a new date and try again with an “alias” notice [1].
Who can speak in court
You can represent yourself or bring a lawyer. Someone holding your power of attorney can’t act as your lawyer [1].
Businesses can appear through an owner or a lawyer. Since January 1, 2025, Indiana’s Small Claims Rule 8(C) also lets a business use a designated full-time employee, if the claim is $10,000 or less, wasn’t assigned to a collection agency, and the business files the required resolution or affidavit [1].
The trial
In many courts, the first date is used to see whether the defendant disputes the claim. If they don’t show up, or you reach an agreement, there may be no trial. If they do dispute it, the judge may set the trial for later [1]. Bring receipts, contracts, photos, repair estimates and witnesses.
Jury trials. Filing in small claims waives your own right to a jury. A defendant who wants one has to ask within 10 days of being served, with a sworn statement and a $70 fee. The case then moves to the court’s regular, more formal docket [1].
Default judgments. If you’re the defendant and miss court, the judge can rule against you. You have one year to ask the court to set it aside, and you’ll need to show good cause [1].
Appeals
Small claims judgments are appealed to the Indiana Court of Appeals. The appealing party has to act within 30 days of the judgment. The rules are technical, so the court system advises talking to a lawyer right away [1].
Collecting after you win
A judgment is recorded in the county’s judgment docket and becomes a lien on the debtor’s real estate there. To reach property in another county, record a certified copy there too [1].
The lien lasts 10 years and can be extended. The judgment itself can be enforced for up to 20 years, after which it’s presumed paid [1]. Collection tools, such as a hearing to ask the debtor about income and assets, go through the same court [1].
Other states
Indiana’s $10,000 limit is on the higher side. See small claims limits in every state on BestAmerica.
Sources
Common questions
What is the small claims limit in Indiana?
$10,000 for cases filed on or after July 1, 2021. If you file in small claims, you give up any amount over $10,000 and can't sue for the rest later.
Do I need a lawyer for small claims court in Indiana?
No. You can represent yourself. Since January 1, 2025, a business can also be represented by a designated full-time employee on claims up to $10,000 that weren't assigned to a collector, if it files the required paperwork.
How long does a small claims judgment last in Indiana?
A recorded judgment is a lien on the debtor's real estate in that county for 10 years, and it can be extended. The judgment itself can be enforced for up to 20 years.