Small claims court in Indiana (2026)

Indiana small claims at a glance

Most you can sue for

$10,000

Court

Small claims docket of the Circuit or Superior Court (Marion County: township Small Claims Courts)

Filing fee

Set by each court

Lawyers

Allowed

Appeal

Either side, 30 days

Ask for payment first

Not required by law

Can you sue in Indiana small claims?

Enter the amount and the date it happened. Nothing you type leaves your browser.

Where to file and how much

• Court. Small claims are heard on the small claims docket of each county's circuit or superior court; Marion County also has township small claims courts. File in the county (or Marion township) where the transaction or occurrence took place, where the obligation was incurred or is to be performed, or where a defendant lives or works.
• Limit. Civil actions for money or property worth up to $10,000. A plaintiff (or counterclaiming defendant) may waive the excess to fit within the limit and cannot sue later for the rest. Landlord-tenant possession cases with rent due up to $10,000 are also covered. In the Marion County small claims courts the $10,000 limit excludes interest and attorney fees. A business that appears through a designated employee waives any claim above the small claims limit. (in force since July 1, 2021)
• Filing fee. Fees are a set of statutory court costs that differ by county and by court (Marion County township courts have their own fee list). Example: the Randolph County Clerk charges a $125 filing fee plus $10 for each additional defendant. The winning plaintiff recovers costs.

Who can sue and who can speak in court

• A person may appear alone or with a lawyer. Sole proprietorships, partnerships, corporations, LLCs, LLPs, and trusts may appear through counsel, an owner, a designated full-time employee, or a trustee (the employee must file a certificate and affidavit). An assigned or purchased claim or debt can be presented by the third party only through a lawyer.
• Before you file. The Small Claims Rules do not require a demand before filing. Claims on a written contract must attach the contract; claims on an account must attach an Affidavit of Debt, with extra documents if the plaintiff is not the original creditor on a consumer debt.
• Jury and moving the case. The plaintiff waives a jury by filing in small claims. A defendant may request a jury trial in writing within 10 days after receiving the notice of claim and must pay the cost to move the case to the plenary docket (in the Marion County small claims courts, the filing fee for the appropriate county court); otherwise the right is waived. The rule applies 'notwithstanding any statute to the contrary,' including in Marion County, whose small claims courts hold no jury trials themselves.

How long you have to sue in Indiana

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Promissory notes and other written contracts for the payment of money (signed after Aug. 31, 1982): 6 years. Other written contracts: 10 years. Accounts and contracts not in writing: 6 years. Injury to personal property and injury to a person: 2 years. Injury to real property: 6 years. Actions on a deposit account (by a depositor or the bank): 2 years.

Law: IC 34-11-2-9 (written, payment of money); 34-11-2-11 (other written); 34-11-2-7 (oral; real property); 34-11-2-4 (personal injury, personal property); 34-11-2-9(c) (deposit accounts, P.L.77-2024)

After the hearing: appeals and collecting

Who can appeal

Either side can appeal.

Kind of appeal

Review of the record (no new trial)

Deadline

An appeal must be filed within 30 days of judgment (Madison County court guide). Judgments are reviewed under the Indiana appellate rules; since July 1, 2018, Marion County small claims court judgments are appealed to the Court of Appeals.

Collecting the money

The court may order the judgment paid in any manner and modify the order if it is not paid; the creditor may also use any other legal method, such as proceedings supplemental, wage garnishment, judgment liens, and execution. Judgments are considered satisfied after 20 years.

Good to know in Indiana

• Trials are informal and not bound by rules of evidence except privilege and offers of compromise; court-ordered ADR only if agreed and free (Ind. Small Claims Rule 8(A)).
• A small claims judgment is res judicata only as to the amount involved (Ind. Small Claims Rule 11(F)).
• No contract can waive the small claims venue rule (Ind. Small Claims Rule 12(C)).
• Some county web pages still show older limits (e.g., Lake County Superior Court County Division page says $6,000); the statutes set $10,000 since July 1, 2021.
• If suing on an account, file an Affidavit of Debt with the notice of claim; the statewide form is on the Indiana courts forms page (Small Claims Manual 2026).
• The notice of claim must be served on the defendant at least 10 days before the court date (Small Claims Manual 2026).
• The statewide Small Claims Manual does not cover Marion County Small Claims Courts (IC 33-34).

Official help and forms

• Indiana courts: small claims self-help
• Indiana small claims forms
• Write a demand letter before you file (free, stays in your browser)

Sources

• Indiana Small Claims Rules (rules.incourts.gov) (read October 18, 2026)
• Indiana Code Title 33 (2026), IGA (read October 18, 2026)
• Indiana Code Title 34 (2026), IGA (read October 18, 2026)
• Madison County Circuit Court: Small Claims step-by-step guide (read October 18, 2026)
• Randolph County Clerk: Small Claims & Evictions (read October 18, 2026)
• Indiana Small Claims Rules (PDF) (read October 18, 2026)
• Indiana Office of Court Services, Small Claims Manual (2026) (read October 18, 2026)

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.