How do I file a small claims case in Indiana to recover money owed?
In Indiana, people commonly use the small claims docket to try to recover money owed when the amount is within the court's limit. The small claims process is meant to be simplified and informal so individuals may present their own cases without an attorney. The court sets filing requirements, fees, and basic procedural rules that govern notices, counterclaims, and trials.
The small claims docket generally handles disputes up to the jurisdictional limit and includes streamlined filing and trial procedures. Clerks collect specific filing and service fees, and courts follow rules about what must be included in a notice of claim and how counterclaims and defaults are handled. Many counties provide forms and checklists to help people assemble their claim and evidence before filing.
Current Indiana law
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The deadline that matters
A counterclaim must be received by the court and mailed to the plaintiff at least seven calendar days before the trial under Ind. S.C. R. 5.
What Indiana law says
The small claims docket typically has jurisdiction over civil claims seeking not more than $10,000 under Ind. Code § 33-31-2-3 and Ind. Code § 33-28-3-4. The rules require commencing an action by filing an unverified notice of claim and paying the prescribed filing fee under Ind. S.C. R. 2. Clerks collect prescribed small claims fees, including costs and service fees, as set out in Ind. Code § 33-37-4-6 and a township docket fee where applicable under Ind. Code § 33-37-5-35. The rules provide simplified procedures so persons may present or defend a small claim without an attorney, and trials are to be informal and focused on speedy justice under Ind. Code § 33-34-3-7 and Ind. Code § 33-34-3-9. Rules also govern counterclaims, timing for filing counterclaims, dismissal, default, and setting aside defaults, for example in Ind. S.C. R. 5 and Ind. S.C. R. 10.
What to do
A common first step is to confirm the amount sought fits the small claims limit under Ind. Code § 33-31-2-3.
A common next step is to complete the court's notice of claim form and assemble the filled claim form and an evidence checklist (for example, written contracts, receipts, and communications).
A common step is to file the unverified notice of claim and pay the required filing and service fees as set out in Ind. S.C. R. 2 and Ind. Code § 33-37-4-6.
A common step is to watch deadlines, including the requirement that any counterclaim be received at least seven calendar days before trial under Ind. S.C. R. 5.
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Common questions
How much can I sue for in Indiana small claims court?
The statutes provide a simplified procedure so any person may file and present a small claim without consulting or being represented by an attorney under Ind. Code § 33-34-3-7.
What fees will the court charge to file a claim?
Clerks collect prescribed small claims costs and service fees. The specific fees and who pays them are described in Ind. Code § 33-37-4-6 and a small claims service fee under certain township rules appears in Ind. Code § 33-37-5-35.
What happens if the defendant does not show up?
If the defendant fails to appear, the court may enter a default judgment after making certain inquiries, and may assess court costs, as explained in Ind. S.C. R. 10.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
