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Indiana · Filing guide · Small Claims Docket of the Circuit or Superior Court (Township Small Claims Courts in Marion County)

How to file a small claims case in Indiana, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Indiana doesn't require a demand before you file, but a written request for payment is good evidence and may settle the matter.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Indiana you can sue for up to $10,000 in the Small Claims Docket of the Circuit or Superior Court (Township Small Claims Courts in Marion County).

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened
  • A copy of any written contract or account statement

Use the company's exact legal name and serve its registered agent.

Search: Indiana Secretary of State INBiz business search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Notice of Claim: Small Claims Notice of Claim (also serves as the summons). Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the Notice of Claim; the clerk will tell you if your county requires it to be sworn.

Bring the original and one copy for each defendant, plus one for yourself. Attach any written contract, or an affidavit of debt if you're suing on an account.

File and pay

Filing day

Choose how you'll file:

OnlineStatewideLawyers must e-file. People without lawyers are exempt and can file on paper at the clerk's office, by mail, or by fax where the county allows. Indiana E-Filing System (through an approved e-filing service provider)
In personFile the Notice of Claim with the clerk of the county court (or the township small claims court in Marion County) and pay the filing and service costs.
By mailYes. People without lawyers may file by mail; call the clerk first to confirm the total cost and how to pay.

The county where the transaction or incident happened, where the obligation was made or to be performed, or where the defendant lives or works. In Marion County, file in the right township small claims court; rent and eviction cases go to the township where the property is.

Costs are set by county and include the filing fee and service. For example, Hancock County charges $97 with certified-mail service or $125 with sheriff service for one defendant, plus $10 for each extra defendant. Can't afford it? Ask for a fee waiver: Ask the court to let you file without paying costs (indigency or fee waiver request); the clerk can tell you the local form..

The clerk assigns a case number and trial date and sends the Notice of Claim to the defendant by certified mail or the sheriff, as you choose.

Serve the defendant

Right after filing

The clerk can send the Notice of Claim by certified mail, or the sheriff can deliver it. It can also be left at the defendant's home with a copy mailed first-class. In Marion County you can also use a constable.

The defendant should be served at least 10 days before the trial date.

Return of Notice of Claim, or the certified-mail return receipt

If the sheriff serves, the sheriff files the return. If you used another server, file the completed Return of Notice of Claim with the clerk before trial.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant doesn't have to file a written answer. A counterclaim must reach you at least 7 days before trial. A defendant can ask for a jury within 10 days of being served, which moves the case out of small claims.

If you settle, file a dismissal. If you're paid after a judgment, file a satisfaction or release of judgment.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk to issue a subpoena for a witness or documents; it must be served before trial.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Expect a full trial at the first setting, so come ready
  • Arrive early and check in with the clerk or bailiff
  • Bring copies of every document for the judge and the other side
  • Bring your witnesses, or ask the clerk for a subpoena
  • A business representative must have filed the Rule 8 certificate

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant was served and doesn't come, the judge can enter a default judgment after checking your proof. If you don't come, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal to the Indiana Court of Appeals by filing a notice of appeal within 30 days of the judgment. The appeal reviews the record; it isn't a new trial. Most people hire a lawyer for this.

The court doesn't collect for you. If they don't pay, file proceedings supplemental to make the debtor come to court and answer about their income and property. That can lead to wage garnishment or a bank levy.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

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