How long do I have to answer a complaint in Indiana?

In a general civil case, Ind. Trial Rule 6(C) requires your responsive pleading to be served within twenty days after service of the complaint, and Ind. Trial Rule 6(E) adds three days when the summons is served by United States mail, making the period 23 days if you were served by mail. These are calendar days because the window exceeds the seven-day short-period threshold in Ind. Trial Rule 6(A). In small claims, Ind. Small Claims Rule 4 requires no written answer because all defenses are deemed at issue and you appear at the trial or return date. Missing your deadline can lead to a default judgment.

What form do I use to answer a complaint in Indiana?

Indiana has no mandatory statewide form for an answer, so you type the answer as a pleading with a caption that complies with Ind. Trial Rule 10(A), then file it with the clerk of the court named in the summons. The pleading admits or denies each allegation of the complaint and sets out any affirmative defenses you intend to rely on, such as payment, statute of limitations, fraud, or release.

Where do I file my answer in Indiana?

File your answer with the clerk of the court named in the summons. General civil cases above $10,000 are heard in the Circuit Court or Superior Court, while small claims up to $10,000, with a $6,000 cap for certain business entities represented by non-lawyers, are heard on the small claims docket. E-filing is mandatory for attorneys under Ind. Trial Rule 86(C), and unrepresented litigants may e-file or file in person or by mail with the clerk.

How much does it cost to file an answer in Indiana?

There is no statewide fee to file an answer in Indiana. If you add a counterclaim, a civil filing fee of roughly $157 to $232 applies. If you cannot afford the cost, you can file a Verified Motion for Fee Waiver based on indigency or inability to pay under Ind. Code 33-37-3-2, filed with the same court that is hearing your case.

What happens if I miss the deadline to answer in Indiana?

Under Ind. Trial Rule 55(A), when a party has failed to plead or otherwise comply with the rules and that fact is shown by affidavit or otherwise, the party may be defaulted by the court. You may be able to set the judgment aside by filing a Motion for Relief from Judgment or Order within not more than one year after the judgment under Ind. Trial Rule 60(B), by showing mistake, surprise, or excusable neglect under Ind. Trial Rule 60(B)(1).

Can I file a counterclaim with my answer in Indiana?

Yes, and you may be required to. Under Ind. Trial Rule 13, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and it should be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim. Note that adding a counterclaim carries a civil filing fee.

Indiana Answer to a Complaint

Answer an Indiana complaint within 20 days, or 23 if served by mail, under Trial Rule 6(C). DocDraft drafts it, attorney review available.

Introduction

An Indiana Answer to a Complaint is the written response you file with the clerk of the Circuit Court or Superior Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, Ind. Trial Rule 6(C) requires your responsive pleading to be served within twenty days after service of the prior pleading. What sets the Indiana deadline apart is the mail rule. Under Ind. Trial Rule 6(E), three days are added when the summons is served by United States mail, so the period is 20 days for personal service and 23 days when you were served by mail, and because that window is well over seven days, Ind. Trial Rule 6(A) does not exclude weekends or holidays, so it is counted in calendar days. Indiana has no mandatory statewide answer form, so the answer is a typed pleading on a compliant caption under Ind. Trial Rule 10(A), filed with the clerk of the court named in the summons. Miss the deadline and the plaintiff can ask the court to enter a default under Ind. Trial Rule 55(A). DocDraft drafts an Indiana-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

1
Your deadline is 20 calendar days, or 23 if served by mail. Under Ind. Trial Rule 6(C) your responsive pleading is due within twenty days after service, and Ind. Trial Rule 6(E) adds three days when the summons is served by United States mail, for a total of 23 days.
2
The days are counted on the calendar. Because the 20-day or 23-day window is longer than seven days, Ind. Trial Rule 6(A) does not exclude intermediate weekends or legal holidays, so the period runs in calendar days.
3
There is no statewide answer form. Indiana has no mandatory form for an answer, so you type the answer on a pleading with a compliant caption under Ind. Trial Rule 10(A) and file it with the clerk of the court named in the summons.
4
Small claims work differently and require no written answer. Under Ind. Small Claims Rule 4 all defenses are deemed at issue without responsive pleadings, so instead of filing a 20-day answer you appear at the trial or return date stated in the notice of claim.
5
Most evictions are filed on the small claims docket. When a residential possession case is filed in small claims, no written answer is filed and the tenant appears at the hearing date in the notice of claim, but if the landlord files a plenary civil action the 20-day or 23-day Trial Rule 6(C) answer period applies.
6
There is no fee to file an answer, and waivers exist. Indiana charges no statewide fee to file an answer, though a counterclaim carries a civil filing fee of roughly $157 to $232. If you cannot afford the cost, you can file a Verified Motion for Fee Waiver based on inability to pay under Ind. Code 33-37-3-2.
7
A related claim may be compulsory. Under Ind. Trial Rule 13 a counterclaim that arises out of the same transaction or occurrence is compulsory and should be filed with your answer, and the statute of limitations on a written contract is six years under Ind. Code 34-11-2-9.

Key decisions before you file

Before you file a Answer to a Complaint in Indiana, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.

Open the Answer to a Complaint guide

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT COURT / SUPERIOR COURT] OF [COUNTY] COUNTY, INDIANA

[PLAINTIFF NAME], Plaintiff, v. Cause No. [CAUSE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME], responding to the Complaint of Plaintiff [PLAINTIFF NAME], states as follows.

I. RESPONSES TO ALLEGATIONS

Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on under Ind. Trial Rule 8(C), for example: the claim is barred by the six-year statute of limitations on a written contract under Ind. Code 34-11-2-9; payment; release; fraud; statute of frauds; accord and satisfaction; res judicata.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Ind. Trial Rule 13 a counterclaim arising out of the same transaction or occurrence is compulsory and should be filed with this answer. A counterclaim requires a civil filing fee.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court deny the relief sought in the Complaint, enter judgment in Defendant's favor, award Defendant's costs, and grant all other relief the Court deems just and proper.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Ind. Trial Rule 5, by [e-service / United States mail / personal delivery]. [SIGNATURE]

Indiana Requirements for Answer to a Complaint

20-Day Answer Deadline, 23 If by Mail
In a general civil case your responsive pleading is due within twenty days after service of the complaint under Ind. Trial Rule 6(C), and Ind. Trial Rule 6(E) adds three days when the summons is served by United States mail, for a total of 23 days. Because the window exceeds seven days, Ind. Trial Rule 6(A) counts it in calendar days without excluding weekends or holidays.
No Statewide Form, Typed Pleading
Indiana has no mandatory statewide form for an answer, so you type the answer as a pleading and file it with the clerk of the court named in the summons. The answer admits or denies each allegation of the complaint and sets out any affirmative defenses you intend to rely on.
Court Caption
Caption the answer under Ind. Trial Rule 10(A) for the court named in the summons, which for general civil cases above $10,000 is the Circuit Court or Superior Court. Include the cause number, the parties' names, and the title Defendant's Answer to Complaint.
File With the Court Clerk
File your answer with the clerk of the court named in the summons. E-filing is mandatory for attorneys under Ind. Trial Rule 86(C), and unrepresented litigants may e-file or file in person or by mail with the clerk.
Serve a Copy on the Plaintiff
Under Ind. Trial Rule 5, serve a copy of your answer on the plaintiff or their attorney by mail, e-service, or personal delivery, and file a certificate of service showing how and when service was made.
No Answer Fee, Waiver Available
There is no statewide fee to file an answer in Indiana, though adding a counterclaim carries a civil filing fee of roughly $157 to $232. If you cannot afford the cost, file a Verified Motion for Fee Waiver based on indigency or inability to pay under Ind. Code 33-37-3-2.
Affirmative Defenses
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, discharge in bankruptcy, or res judicata. The statute of limitations on a written contract is six years under Ind. Code 34-11-2-9.
Compulsory Counterclaim If Any
Under Ind. Trial Rule 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.

Introduction

Key Things to Know

Key decisions before you file

Customize your Answer to a Complaint Template with DocDraft

Indiana Requirements for Answer to a Complaint

20-Day Answer Deadline, 23 If by Mail

No Statewide Form, Typed Pleading

Court Caption

File With the Court Clerk

Serve a Copy on the Plaintiff

No Answer Fee, Waiver Available

Affirmative Defenses

Compulsory Counterclaim If Any

Frequently Asked Questions