Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
Which Courts Hear Small Claims Cases in Indiana?
In Indiana, the state's circuit and superior courts hear most small claims cases. However, Marion County has its own system of dedicated small claims courts, which is where you would file a claim in that county. (See below for more specific information on where to file a small claims action.)
What Is the Dollar Limit in Indiana Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much in small claims court as you would in other courts. You can recover up to $10,000 in an Indiana small claims court action.
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the cost of hiring an attorney.
What Type of Claim Can I Bring in an Indiana Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
And, in Indiana, landlords can bring eviction lawsuits in small claims court, as long as the total unpaid rent is less than $10,000.
"Defendants" or those sued can include mechanics, dry cleaners, or caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
On the other hand, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in Indiana?
The first step is filling out the necessary form, called a "notice of claim," filing it with the clerk of court, and paying the required fees. The claim would be called a “complaint” in a higher court. You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in Indiana’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
How Much Time Do I Have to File a Small Claims Action in Indiana?
You have only a limited amount of time to file a lawsuit because you must bring it within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action. (Here are the statutes of limitations for some common causes of action in Indiana.)
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily, or “toll,” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which Indiana Court Should I File In?
In Indiana, you’ll file your small claims matter in the Indiana Circuit, Superior, or Marion County Small Claims Court. If you choose the wrong location or "venue," the defendant can ask the court to move or dismiss the action.
The general Indiana venue rules require you to file in the following county:
- where any defendant resides or is employed
- where the transaction or occurrence took place
- where the obligation arose or was to be performed by the defendant, or,
- for landlord-tenant disputes, in the county or town where the rental property is located.
Caution: The venue rules might be different in Marion County Small Claims Court; check with the clerk of your local court to make sure you're filing in the right court.
If the defendant is not a resident of Indiana, or if the defendant's residence is unknown, other rules will apply—and there might be other exceptions. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
You can find information about a business location on the Indiana Secretary of State business search database.
How Do I Serve My Small Claims Action in Indiana?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In Indiana, you’ll complete service of process by providing the defendant with the court paperwork using one of the following methods:
- certified mail with return receipt requested
- by delivering a copy to the defendant personally, or
- by leaving a copy at the defendant's residence or usual place of abode and by sending a copy of the claim to the defendant's last known address by first-class mail.
In Marion County, you’ll personally serve the defendant or use registered or certified mail. The procedures can vary depending on the court, so check the local rules.
Be sure to confirm with the court clerk that you’re filing in the right court and using the appropriate form of service. Also, don’t leave without knowing how much time you have to serve the paperwork and when you must file the proof of service, the document that tells the court that the defendant received notice of the hearing and claim.
Does the Defendant Need to Respond to a Small Claims Action in Indiana?
The defendant isn't required to file a written answer to avoid a default judgment (an automatic loss) but will need to attend the trial. Find out more about defending a small claims action.
Can I Hire a Lawyer to Represent Me in Small Claims Court in Indiana?
Any party may be represented by an attorney in Indiana small claims court, so if you’re uncomfortable representing yourself, you can hire a lawyer. Friends and family are typically good referral sources when you need a lawyer, or you can try an online directory.
How Do I Get Ready for Trial in Small Claims Court?
You’ll present your small claims action in front of the judge. However, a defendant can request a jury trial within ten days following service of the claim and deposit jury fees. Once requested, the court will transfer the case from small claims to formal court. But if the defendant fails to make the request—and pay the jury fee—in time, the right to a jury trial will be waived.
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- preparing a compelling statement
- gathering documents and evidence, such as contracts, credit card statements, and photographs
- selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- deciding on the order in which you will present your evidence, and
- preparing what you will say in court.
Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages,” or the amount you've lost, can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My Indiana Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
Can I Appeal an Indiana Small Claims Court Case?
Either side can request an appeal. But you have to move fast: You’ll lose your rights if you don’t file an appeal on time.
Calculating how much time you have can be tricky. Indiana law requires an appeal to be filed within 30 days after entry of final judgment. The entry of judgment date is when the clerk enters the judgment into the official records—not when the judge announces or writes the decision. Be sure to begin counting from the correct date and contact the court clerk if you have difficulty ascertaining it.
Caution: Check the dates carefully. You must comply with all appeal requirements explicitly. If you're unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof,” or someone with no collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse under oath in the hallway. The judge doesn’t get involved unless the defendant refuses to answer a valid question.
Where Can I Find More Information on Indiana Small Claims Court?
You can also find Indiana law online on the Indiana General Assembly's website. See, especially, Ind. Code §§ 33-28-3-2 to 33-28-3-10 (circuit court); 33-29-2-1 to 33-29-2-10 (superior court); 33-34-3-1 to 33-34-3-15.1 (Marion County Small Claims Court). You'll find Indiana's Small Claims Court Rules at the Indiana Small Claims Rules, Rules 1 to 16, and the Indiana Rules for Appellate Procedure, Rule 9.
Most small claims courts have some self-help service available, and that's usually a good place to start. See, for example, the Indiana Office of Court Services' Small Claims Manual.
You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.