Indiana Small Claims Court: $10,000 Limit, Fees and How to File

In Indiana, small claims cases are limited to $10,000. The Indiana Small Claims Manual says that "small claims filed on or after July 1, 2021 are currently limited to cases where the amount sought to be recovered is Ten Thousand dollars ($10,000.00) or less." These cases are heard on the small claims docket of each county's circuit or superior court (Indiana Code 33-28-3-4 and 33-29-2-4) under the Indiana Small Claims Rules.

Marion County works differently, with its own township small claims courts. This guide walks through an Indiana small claims case from filing to collecting; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the small claims dockets of Indiana circuit and superior courts under Indiana Code 33-28-3-4 and 33-29-2-4 and the Indiana Small Claims Rules, with notes on Marion County's township small claims courts (Indiana Code 33-34). It does not cover evictions, foreclosures, regular civil cases on the plenary docket, or small claims in other states.

Indiana small claims limit: $10,000

Indiana's small claims cap is $10,000 for claims filed on or after July 1, 2021. That figure comes from the Small Claims Manual published by the Indiana Office of Court Services (updated December 23, 2025). Older articles online still show lower limits, so rely on the court's current manual.

If you are owed more than $10,000, you can still file in small claims, but the choice is permanent. Small Claims Rule 2(A)(2) says a plaintiff "waives the excess of the plaintiff's claim over the jurisdictional maximum" and "may not later bring a separate action for the remainder of such claim." The same waiver applies to a defendant who pursues a counterclaim worth more than the limit in small claims.

Marion County township small claims courts

Marion County's township small claims courts are a separate court system. The state manual says it "does not address the specific jurisdiction or procedures of Marion County Small Claims Court," which "is governed by Ind. Code 33-34 et seq." The Small Claims Rules still apply there (Small Claims Rule 1).

Marion County's township small claims courts have the same $10,000 limit for contract and injury (tort) claims, not counting interest or attorney fees, and hear landlord-tenant possession cases where the past-due rent is $10,000 or less (Indiana Code 33-34-3-2 and 33-34-3-3).

What you can and cannot sue for

Small claims is for modest civil disputes: an unpaid bill, damaged property, a bad repair, an unreturned loan. The manual sends foreclosures and actions for possession of real estate under a land contract to the court's plenary (regular) docket instead.

The plaintiff must be the real party in interest. The manual's example: the landlord, not a building manager, is the one who sues. If your dispute is with a landlord or tenant, our guide to Indiana landlord-tenant laws covers the underlying rules.

Every claim must also be filed within the deadline for that kind of claim. Check the Indiana statute of limitations before you file. We did not research notice requirements for claims against the state or a local government, so if you want to sue a government body, ask the clerk or a lawyer before filing.

Filing fees

House Enrolled Act 1478 (2025) restructured small claims fees effective July 1, 2025.

No service fee is charged when the case is filed through the Indiana e-filing system (Indiana Code 33-37-4-6(b), as amended by House Enrolled Act 1478). We did not find an official statewide total of everything a clerk collects at filing, so ask your county clerk for the exact amount before you go.

Marion County township courts charge a township docket fee of $5 plus 45% of the $70 infraction costs fee, rounded up to the next whole dollar (Indiana Code 33-34-8-1), and a $26 small claims service fee (Indiana Code 33-37-5-35). Service there by a bailiff using certified mail costs $15, and personal service by a bailiff or process server costs $15. Other statutory clerk fees are added, so ask the township court for the total.

If you cannot afford the fees, you can ask to file without paying by giving the court a written statement under oath that you cannot pay because of indigency, that you believe you are entitled to what you are asking for, and briefly what the case is about (Indiana Code 33-37-3-2). Ask the clerk which form your court uses.

Lawyers and who can represent a business

Lawyers are allowed in Indiana small claims court but are never required. An individual can appear alone or with a lawyer. Under Small Claims Rule 8(C), as amended effective January 1, 2025:

• A sole proprietorship or partnership can appear through the owner or a partner, a lawyer, or a designated full-time employee.
• A corporation, LLC, LLP or trust can appear through a lawyer, an owner, or a designated full-time employee (a trustee for a trust).
• An employee can appear only with a certificate of compliance and a resolution or affidavit filed in each case, only on a claim at or under the limit that is not an assignment, and only with a waiver of any excess over the limit.
• An assigned or purchased claim, such as a debt bought by a collection company, "cannot be presented or defended by said third party unless this third party is represented by counsel."
• A person holding a power of attorney cannot represent someone else.

Attorney fees are generally not recoverable unless a contract or statute allows them.

Where to file

Under Small Claims Rule 12, you file in the county where the transaction or occurrence took place, where the obligation was incurred or was to be performed, or where a defendant lives or works.

In Marion County, the rule points to the township where the transaction occurred, the obligation was incurred or was to be performed, or a defendant lives or works, and landlord-tenant claims go to the township where the property is. Indiana Code 33-34-3-1 also allows a case to be filed in any township court in the county, and a defendant can ask to change venue within 10 days after being served.

Serving the defendant

The notice of claim also serves as the summons. It can be served by certified mail with return receipt, by personal delivery, by leaving a copy at the defendant's home plus mailing a copy first class, or by any method allowed under Trial Rules 4.1 through 4.16 (Small Claims Rule 3). In Marion County, you choose on the notice of claim between personal service by the township constable and certified mail; if you do not choose, the clerk sends it for service by certified mail (Small Claims Rule 3(C)).

The defendant must be served "at least ten (10) days before the parties are to appear in court." If service fails in time, the case can be dismissed, or you can ask for a continuance and file an Alias Notice of Claim to try again.

Settling or mediating

Small Claims Rule 8(A) allows the court to order alternative dispute resolution only if it is lawful, consistent with the informal nature of small claims, agreed to by the parties, and free of cost to them.

If you are the defendant

Indiana does not require a written answer. All defenses are treated as raised (Small Claims Rule 4(A)). Your options and deadlines:

• Counterclaim: it must reach the plaintiff at least 7 days before trial. If yours is worth more than the limit, pursuing it in small claims waives the excess, or you can ask to transfer the case to another division or court.
• Jury trial: the plaintiff waives a jury by filing. A defendant can demand one within 10 days of receiving the notice of claim, and the case moves to the plenary docket once the $70 fee is paid. In Marion County, the fee is the filing fee of the court the case moves to. The fee must be paid within 10 days after the request is granted, or the jury demand is waived, and once granted it cannot be withdrawn without the other side's consent.
• Change of judge: a written request is due within 10 days of service (Small Claims Rule 12.1).

If you are being sued by a debt buyer, remember that it must appear through a lawyer (Small Claims Rule 8(C)).

The hearing

Small claims trials are informal. The court is not bound by the rules of evidence, except those on privileged communications and offers of compromise, and testimony is taken under oath (Small Claims Rule 8(A) and (B)). The court will issue subpoenas for witnesses without an added fee, and a circuit court judge may appoint a referee to hear the case and find the facts (Small Claims Rule 14).

The court sets the hearing date on the notice of claim. The manual notes that the first date is often used only to find out whether the defendant disputes the claim. Bring your contract, receipts, photos, texts and any witnesses.

Default judgments and how to set one aside

If the defendant does not appear, the court may enter a default judgment only after looking into whether service was made, whether the defendant is under a legal disability, the defendant's military status, and whether the plaintiff has made a prima facie case (Small Claims Rule 10(B)). Federal law also requires a plaintiff to file an affidavit stating whether the defendant is in military service before a default judgment is entered (50 U.S.C. 3931).

A default judgment can be set aside within one year of its entry for good cause, followed by a new hearing (Small Claims Rule 10(C)). After one year, the only route is an independent action under Trial Rule 60(B).

Appealing an Indiana small claims judgment

According to the 2026 manual, "an appeal of the decision may be taken to the Indiana Court of Appeals," and "the appealing party must take certain action within thirty (30) days." Under Indiana Appellate Rule 9(A), you start the appeal by filing a Notice of Appeal with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court within 30 days after the judgment is noted on the court's docket (the Chronological Case Summary), and a late notice forfeits the appeal. Because the deadline is short, contact the clerk or a lawyer as soon as the judgment is entered.

Marion County township small claims courts have been courts of record since July 1, 2018, and their judgments are appealed to the Indiana Court of Appeals the same way as a circuit or superior court judgment (Indiana Code 33-34-1-3 and 33-34-3-15.1).

Collecting your judgment

Winning a judgment does not mean you will be paid, and the court does not collect for you. Indiana's manual describes these tools:

• Proceedings supplemental: the debtor is ordered to court and examined under oath about income and assets.
• Interrogatories to an employer to find out what the debtor earns.
• Wage garnishment. For ordinary debts, federal law limits garnishment to the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum hourly wage each week (15 U.S.C. 1673(a)). Try our wage garnishment calculator.
• Execution on the debtor's personal property, and court-ordered installment payments.
• Judgment lien: a judgment recorded in the county judgment docket is a lien on the debtor's real estate in that county; record a certified copy in any other county. The lien lasts 10 years and can be extended by an action on the judgment.

A judgment can be enforced for up to 20 years, after which it is presumed satisfied, as the manual explains citing Indiana Code 34-11-2-11 and 34-11-2-12. Money judgments earn interest at "an annual rate of eight percent (8%) if there was no contract by the parties" (Indiana Code 24-4.6-1-101), or the contract rate if it is lower, from the judgment until it is paid.

Some property and income are protected. Social Security benefits cannot be reached by garnishment or levy (42 U.S.C. 407(a)), and Indiana sets its own exemptions; see our guide to Indiana debt collection laws for those. Once the judgment is paid in full, the creditor must file a release; if not, the clerk can send notice, and the creditor has 30 days to object before the judgment is deemed satisfied (Small Claims Rule 11(D)).

Official forms and self-help

• Indiana Small Claims Manual (Indiana Office of Court Services, updated December 23, 2025)
• Indiana Small Claims Rules (as amended effective January 1, 2025)

Related

• Small claims court by state
• Indiana statute of limitations
• Indiana debt collection laws
• Indiana landlord-tenant laws
• Kentucky small claims court
• Ohio small claims court

Disclaimer: This article provides general legal information about Indiana small claims cases under Indiana Code 33-28-3-4, 33-29-2-4 and 33-34 and the Indiana Small Claims Rules, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your county clerk or court's self-help resources, a legal aid office, or a lawyer licensed in Indiana.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Indiana?

For claims filed on or after July 1, 2021, the limit is $10,000, according to the Indiana Small Claims Manual. Marion County township small claims courts run under a separate statute, Indiana Code 33-34, which sets the same $10,000 limit for contract and tort claims (Indiana Code 33-34-3-2).

Can I sue for more than $10,000 in small claims in Indiana?

No. You can file a larger claim in small claims only by giving up the amount over $10,000, and Small Claims Rule 2(A)(2) says you may not later bring a separate action for the remainder.

How much does it cost to file small claims in Indiana?

Since July 1, 2025, the small claims costs fee is $35 plus a $10 service fee for each named defendant, with no service fee when you e-file (House Enrolled Act 1478). Ask your county clerk for the full total due at filing.

Can a lawyer represent me in small claims court in Indiana?

Yes. Lawyers are allowed but not required, and an individual can always represent themselves. A holder of a power of attorney cannot appear for you (Small Claims Rule 8(C)).

Does a business need a lawyer in Indiana small claims court?

Not since January 1, 2025. Under Small Claims Rule 8(C), an owner or a designated full-time employee can appear if the rule's conditions are met, but an assigned or purchased claim must be presented by a lawyer.

Can I get a jury trial in Indiana small claims court?

The plaintiff gives up a jury by filing. A defendant can demand a jury within 10 days of receiving the notice of claim, and the case then moves to the regular (plenary) docket once the defendant pays the $70 fee. The fee must be paid within 10 days after the request is granted, or the jury demand is waived.

How long do I have to appeal an Indiana small claims judgment?

The appeal goes to the Indiana Court of Appeals. Under Indiana Appellate Rule 9(A), you must file a Notice of Appeal with the appellate Clerk within 30 days after the judgment is noted on the Chronological Case Summary, and a late notice forfeits the appeal.

How long does an Indiana small claims judgment last?

The manual says a judgment can be enforced for up to 20 years, and a judgment lien on real estate lasts 10 years in each county where it is recorded.

What happens if the defendant does not show up?

The court may enter a default judgment after checking that the defendant was served, is not under a legal disability or in military service, and that you have a prima facie case (Small Claims Rule 10(B)).