How to File a Small Claims Lawsuit in Indiana (2026)
Reviewed by DocDraft Legal Team · Indiana · Last updated May 12, 2026
Indiana small claims court handles money disputes up to $10,000 in most counties and $8,000 in Marion County under IC 33-29-2-4 and IC 33-34-3-2. Filing fees range from $35 to $85 by county and court level. The statute of limitations is 10 years for written contracts and 6 years for oral contracts.
What is small claims court in Indiana?
Indiana small claims is heard in Marion County's township-based Small Claims Courts under IC 33-34 ($8,000 cap) or in other counties' circuit or superior court small claims dockets under IC 33-29-2 ($10,000 cap). Procedure follows Indiana Small Claims Rules 1-13. Filing fees run $35 to $85. The written-contract SOL is 10 years.
How much does it cost to file a small claims lawsuit in Indiana?
Filing fees range from $35 to $85 depending on county and court level under IC 33-37. Marion County township small claims courts typically charge around $45. Sheriff service typically adds $20 to $40, or the clerk can serve by certified mail. Indigent filers can request a fee waiver under IC 33-37-3 by petitioning the court.
Do I need a lawyer for small claims court in Indiana?
No. Indiana small claims is designed for self-represented parties under Indiana Small Claims Rule 8. Attorneys are permitted on either side, but most plaintiffs appear pro se. Corporations may be represented by a non-attorney officer or employee for claims up to $1,500 under Ind. S.C. R. 8(C). Above that, an attorney is required for corporate parties.
How long do I have to sue someone in Indiana small claims court?
Indiana's statute of limitations is 10 years for written contracts under IC 34-11-2-11, 6 years for oral contracts under IC 34-11-2-7, and 2 years for property damage and personal injury under IC 34-11-2-4. The 10-year written-contract period is among the longest in the United States. Filing tolls the SOL from the filing date.
Indiana small claims at a glance
Indiana has a uniquely bifurcated small claims system. Marion County (Indianapolis) operates nine separate township-based Small Claims Courts under IC 33-34, each with its own elected judge and procedures, while the other 91 counties handle small claims as a docket of the circuit or superior court under IC 33-29-2. After years of criticism over forum-shopping and uneven justice, the Indiana General Assembly enacted Public Law 226 in 2014 to consolidate Marion County small claims standards. Indiana's 10-year written-contract SOL under IC 34-11-2-11 ties with Illinois and Missouri as the longest in the United States. The 8% statutory judgment interest rate under IC 24-4.6-1-101 is among the higher midwestern rates. Marion township courts cap at $8,000; the rest of the state caps at $10,000.
Filing cost example: $7,500 unpaid contract claim
Suppose a client owes you $7,500 on a written services contract executed five years ago. The statute of limitations for written contracts in Indiana is 10 years under IC 34-11-2-11, so you still have plenty of time to file. In Marion County, you would file in a township small claims court (cap $8,000), so you can sue for the full $7,500. Filing fee is around $45 plus a $20 to $40 sheriff service fee. The trial date typically falls 30 to 60 days after filing. After winning, post-judgment interest accrues at 8% per year under IC 24-4.6-1-101. If the defendant pays in 30 days, you collect $7,500 plus filing and service. If unpaid for 1 year, you are owed roughly $8,100.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Marion County Small Claims Court (Wayne Township)
5556 W Raymond St, Indianapolis, IN 46241
Marion County Small Claims Court (Center Township)
300 E Fall Creek Pkwy N Dr Ste 100, Indianapolis, IN 46205
Lake County Superior Court Civil Division (Crown Point)
2293 N Main St, Crown Point, IN 46307
Allen County Superior Court Small Claims (Fort Wayne)
715 S Calhoun St, Fort Wayne, IN 46802
Hamilton County Superior Court (Noblesville)
1 Hamilton County Sq, Noblesville, IN 46060
Relevant Laws
IC 33-29-2 (Small Claims Docket of Circuit and Superior Courts)
Establishes the small claims docket of circuit and superior courts outside Marion County and sets the $10,000 jurisdictional limit.
IC 33-34 (Marion County Small Claims Courts)
Governs the nine township-based Small Claims Courts in Marion County and sets the $8,000 jurisdictional limit.
IC 34-11-2-11 (Statute of Limitations: Written Contracts)
Sets the 10-year limitations period for actions on written contracts for the payment of money in Indiana.
IC 24-4.6-1-101 (Post-Judgment Interest Rate)
Sets the post-judgment interest rate at 8% per year on Indiana court judgments where no contract rate applies.
Indiana Courts: Small Claims Forms
Official Indiana Office of Judicial Administration portal for Small Claims Notice of Claim forms, fee waivers, and court directory.
Regional Variances
Statute of Limitations for Common Claims in Indiana
Written contract
10 years (IC 34-11-2-11)
Oral contract
6 years (IC 34-11-2-7)
Property damage
2 years (IC 34-11-2-4)
Personal injury
2 years (IC 34-11-2-4)
Debt collection
6 years open account, 10 years promissory note
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a written demand by certified mail with return receipt. Indiana does not require a demand letter, but small claims judges expect to see one. Keep a copy and proof of mailing.
Determine Marion township vs other county
Before filing days after startingIf the defendant is in Marion County, file in the township small claims court ($8,000 cap). Otherwise file in the circuit or superior court small claims docket ($10,000 cap).
Verify claim is within the applicable limit
Before filing days after startingConfirm your claim is at or below $8,000 (Marion township) or $10,000 (other counties). If above, file on the regular circuit or superior court civil docket.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Notice of Claim at correct court
Within 10-year SOL (written) or 6-year SOL (oral) days after startingFile the Notice of Claim with the small claims court clerk. Most non-Marion counties require e-filing through Indiana eFile; Marion township courts typically use paper filing.
Pay filing fee (or petition for waiver)
At filing days after startingPay the $35 to $85 filing fee under IC 33-37. Indigent filers can petition for a waiver under IC 33-37-3 by submitting an affidavit of indigency.
Serve the defendant
At least 7 days before trial days after startingService under Ind. T.R. 4 and Ind. S.C. R. 3 is by sheriff, certified mail, or registered mail. File proof of service before the trial date.
Attend the trial with all evidence
30 to 60 days after filing days after startingTrials are public and informal under Ind. S.C. R. 8. Attorneys permitted; corporations need an attorney above $1,500. Bring three copies of every document and all witnesses.
Collect the judgment
After 30-day appeal window closes days after startingUse executions under IC 34-55-1 and proceedings supplemental under IC 34-25-3. Post-judgment interest accrues at 8% per year under IC 24-4.6-1-101.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a written demand by certified mail with return receipt. Indiana does not require a demand letter, but small claims judges expect to see one. Keep a copy and proof of mailing. | demand-letter | 30 days before filing |
| Determine Marion township vs other county | If the defendant is in Marion County, file in the township small claims court ($8,000 cap). Otherwise file in the circuit or superior court small claims docket ($10,000 cap). | - | Before filing |
| Verify claim is within the applicable limit | Confirm your claim is at or below $8,000 (Marion township) or $10,000 (other counties). If above, file on the regular circuit or superior court civil docket. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Notice of Claim at correct court | File the Notice of Claim with the small claims court clerk. Most non-Marion counties require e-filing through Indiana eFile; Marion township courts typically use paper filing. | - | Within 10-year SOL (written) or 6-year SOL (oral) |
| Pay filing fee (or petition for waiver) | Pay the $35 to $85 filing fee under IC 33-37. Indigent filers can petition for a waiver under IC 33-37-3 by submitting an affidavit of indigency. | - | At filing |
| Serve the defendant | Service under Ind. T.R. 4 and Ind. S.C. R. 3 is by sheriff, certified mail, or registered mail. File proof of service before the trial date. | - | At least 7 days before trial |
| Attend the trial with all evidence | Trials are public and informal under Ind. S.C. R. 8. Attorneys permitted; corporations need an attorney above $1,500. Bring three copies of every document and all witnesses. | - | 30 to 60 days after filing |
| Collect the judgment | Use executions under IC 34-55-1 and proceedings supplemental under IC 34-25-3. Post-judgment interest accrues at 8% per year under IC 24-4.6-1-101. | - | After 30-day appeal window closes |
Frequently Asked Questions
Indiana's cap is $10,000 in 91 counties under IC 33-29-2-4 and $8,000 in Marion County township small claims courts under IC 33-34-3-2. Claims above these caps go on the regular circuit or superior court civil docket. The Marion vs. non-Marion split reflects the unique township structure of Indianapolis small claims litigation.
Marion County operates nine separate township-based Small Claims Courts under IC 33-34, each with an elected judge serving Center, Decatur, Franklin, Lawrence, Perry, Pike, Warren, Washington, and Wayne townships. The other 91 counties consolidated their small claims into circuit or superior court dockets. Public Law 226 of 2014 added uniform standards across the Marion townships.
Yes. Under Ind. S.C. R. 5, a defendant may file a counterclaim that must reach the plaintiff at least 7 days before trial, or the plaintiff can request a continuance. Counterclaims are capped at the same $10,000 limit ($8,000 in Marion township courts). A defendant pursuing a counterclaim to decision waives any excess above the cap.
Yes. Under Ind. S.C. R. 8(C), corporations and other entities can sue or be sued in small claims, but representation rules vary by amount. For claims up to $1,500, a corporation can appear through a non-attorney officer or employee. Above $1,500, a corporation must be represented by an attorney admitted in Indiana.
Yes. Either party can appeal an Indiana small claims judgment to the Court of Appeals under Ind. App. R. 9. Marion township court appeals first go to the Superior Court for review on the record under Ind. S.C. R. 11. The Notice of Appeal must be filed within 30 days. Appeals are typically on the record, not de novo.
After judgment, you can collect using executions under IC 34-55-1 and proceedings supplemental under IC 34-25-3, which compel the defendant to disclose income and assets. Judgments docketed in circuit court create a real-property lien for 10 years under IC 34-55-9. Post-judgment interest accrues at 8% per year under IC 24-4.6-1-101.
Indiana mandates e-filing through the Indiana eFile portal for most civil cases in circuit and superior courts under the statewide rollout completed in 2018. Marion County township small claims courts have not all migrated to e-filing and many still require in-person paper filing. Check the township court's website for current filing options.