Indiana small claims court handles disputes up to $10,000 in 91 of the state’s 92 counties, where cases are heard as a docket of the regular Circuit or Superior Court under IC 33-29-2-4. Marion County — Indianapolis — is the singular exception, and it is genuinely unlike anything else in this guide series: rather than one small claims court for the whole county, Marion County operates nine separate township-based Small Claims Courts, each with its own independently elected judge and its own local procedures, under IC 33-34. The Marion County cap is also lower, at $8,000 rather than $10,000. This structure led to real problems with forum-shopping and inconsistent outcomes across townships, prompting the Indiana General Assembly to pass Public Law 226 in 2014 specifically to standardize practices across the nine courts.
Indiana also gives written-contract plaintiffs an unusually long 10-year filing window under IC 34-11-2-11 — tying Illinois and Missouri for the longest such period anywhere in the United States. And Indiana applies a corporate-representation rule found in almost no other state: rather than a blanket ban or blanket permission, corporations may generally self-represent through a non-attorney officer or employee for smaller claims, but attorney representation becomes mandatory once the claim exceeds a specific $1,500 threshold. This guide covers the complete Indiana process — filing in the correct court (including navigating Marion County’s township system), the jury trial request deadline, and the Proceedings Supplemental tool that should be your first collection step, not your last.
Indiana Small Claims — Fast Facts (2026)
- Claim Limit
- Up to $10,000 (91 counties) / $8,000 (Marion County)
- Court Name
- Circuit/Superior Court small claims docket, or Marion County Township Small Claims Court
- Marion County Structure
- 9 separate township courts, each with an elected judge
- Filing Fee
- $35 – $85 (Marion County township courts ~$45)
- Written Contract SOL
- 10 years — tied with Illinois and Missouri
- Corporate Attorney Rule
- Required only above $1,500 claim value
- Appeal Window
- 30 days from entry of judgment — record review
- Post-Judgment Interest
- 8% per year — IC 24-4.6-1-101
- Real Property Lien Duration
- 10 years — IC 34-55-9
- Security Deposit Return
- 45 days with itemized statement
What Makes Indiana Small Claims Different
1. Marion County’s Nine Elected-Judge Township Courts
Nowhere else in this guide series will you find a structure like Marion County’s. Rather than one countywide small claims court, Indianapolis operates nine separate township-based Small Claims Courts — one for each of Marion County’s townships — and each court has its own independently elected judge. This historically produced real inconsistency: because litigants had some ability to choose among townships depending on where a defendant resided or did business, outcomes and procedures could vary meaningfully from one township court to the next. Public Law 226, passed by the Indiana General Assembly in 2014, was specifically enacted to standardize practices across all nine courts after sustained criticism of this forum-shopping problem. If you live in or are suing someone in Marion County, confirm which of the nine township courts has jurisdiction over your specific case before filing — using the wrong township can result in transfer delays.
2. A 10-Year Written Contract Deadline — Tied for Longest in the Country
Under IC 34-11-2-11, Indiana gives written contract plaintiffs a full 10 years to file — tying Illinois and Missouri for the longest such period in the United States, and dramatically longer than states like California (4 years) or Texas (4 years). Oral contracts get 6 years under IC 34-11-2-7, while property damage and personal injury claims share a much shorter 2-year window under IC 34-11-2-4. If your claim involves a signed written agreement, you have considerably more breathing room in Indiana than in most other states — though filing sooner while evidence and witnesses remain fresh is still always the better practice.
3. A Specific Dollar Threshold for Corporate Attorney Representation
Most states in this guide series take an all-or-nothing approach to corporate representation — either corporations can always self-represent through a non-attorney officer or employee, or they always need a lawyer. Indiana splits the difference with a specific dollar threshold: a corporation can generally appear through an authorized officer or employee for smaller claims, but once the claim exceeds $1,500, attorney representation becomes mandatory. If you are a business owner considering whether you need to retain counsel for an Indiana small claims matter, this $1,500 line is the deciding factor.
4. A Strict 10-Day Jury Trial Request Deadline
Either party may request a jury trial in Indiana small claims court, but the window is narrow: the request must be filed within 10 days of receiving the notice of claim, or the right is permanently waived. The requesting party must also pay the additional fee required to transfer the case to the regular civil docket (called the “plenary docket”) — or, in Marion County, to the appropriate court within that system. Once a jury trial request has been granted, it cannot be withdrawn without the consent of the other party, so this is not a decision to make casually or reverse later if circumstances change.
5. Discovery Requires Court Approval — Not Automatic
Unlike a regular civil case where discovery (interrogatories, document requests, depositions) proceeds largely as a matter of right, Indiana Small Claims Rule 6 requires court approval before any discovery can occur, and the court is instructed to grant it only upon notice and a showing of good cause. This keeps Indiana small claims genuinely informal and prevents the kind of procedural gamesmanship that can bog down higher-value civil litigation — but it also means you generally cannot compel the other side to produce documents or answer written questions before trial without first convincing the judge you have a specific, good-faith reason to need them.
Indiana Small Claims Filing Fees (2026)
| Item | Typical Cost |
|---|---|
| Filing fee — non-Marion counties | $35 – $85 |
| Filing fee — Marion County township courts | ~$45 |
| Jury trial transfer fee | Additional statutory amount — confirm with clerk |
The party who ultimately recovers judgment also recovers their court costs, regardless of the amount awarded. Filing fees are set under IC 33-37 and vary by county and court level.
Fee waiver: Filers who cannot afford the fee may petition for a waiver under IC 33-37-3 by submitting an affidavit of indigency.
Step-by-Step: How to File in Indiana
Step 1 — Send a Demand Letter
Indiana does not require a demand letter before filing, but courts look favorably on plaintiffs who attempted to resolve the dispute first. Send a written demand giving the defendant 14 days to pay or respond, and send it two ways: by email (which creates a timestamp) and by certified mail (which creates proof of delivery). Keep a copy of both.
Step 2 — Confirm the Correct Court
In 91 of Indiana’s 92 counties, file with the Circuit or Superior Court’s small claims docket in the county where the defendant resides or where the transaction occurred. In Marion County specifically, confirm which of the nine township Small Claims Courts has jurisdiction over your case — this depends on the specific location of the defendant or the transaction within the county.
Step 3 — Complete the Notice of Claim
File a Notice of Claim with the small claims court clerk. Include:
- Your name and address
- The defendant’s exact legal name and address
- The exact amount claimed (up to $10,000, or $8,000 in Marion County)
- A brief statement of your claim
You may also need to complete an Affidavit of Debt form, available on the Indiana courts website, particularly for debt-collection-type claims.
Step 4 — File and Pay the Fee
Most non-Marion counties require e-filing through the Indiana eFile portal (or the Odyssey File and Serve system), while Marion County township courts typically still use paper filing — check your specific township court’s website to confirm current filing options, as not all have migrated to electronic filing. Pay the applicable fee ($35–$85, or approximately $45 in Marion County).
Step 5 — Serve the Defendant
Service is completed under Indiana Trial Rule 4 and Small Claims Rule 3, by sheriff, certified mail, or registered mail. File proof of service with the court before the trial date.
Step 6 — Prepare Your Evidence
Bring three complete copies of every document and all witnesses. For security deposit cases, note Indiana’s 45-day landlord return deadline with an itemized statement — a landlord who missed this deadline and cannot produce the required itemization has already violated the statute before your hearing even begins. State the exact move-out date, the 45-day deadline, and whether any itemized statement was ever provided.
Step 7 — Attend the Hearing
Trials are public and informal under Indiana Small Claims Rule 8. Attorneys are permitted, though most people represent themselves, and judges are accustomed to non-lawyers presenting their own cases. A well-organized binder of evidence often matters more in practice than sophisticated legal arguments. If both sides reach a settlement before or during the process, Small Claims Rule 7 requires that it be documented in writing and signed by both the plaintiff and defendant.
How to Collect Your Indiana Small Claims Judgment
You are responsible for all collection efforts — the court does not collect on your behalf. Post-judgment interest accrues at 8% per year under IC 24-4.6-1-101.
Step 1 — File Proceedings Supplemental First
Governed by IC 34-25-3. This should be your first enforcement step, not your last. A Proceedings Supplemental compels the debtor to appear in court and disclose their income, employer, bank accounts, and other assets under oath through interrogatories. Filing this immediately after judgment reveals which enforcement method — wage garnishment, bank levy, or property execution — is actually likely to produce payment. Do not attempt garnishment blind without first confirming through Proceedings Supplemental whether the defendant has wages or accessible assets to pursue.
Step 2 — Wage Garnishment
Once you know the defendant’s employer from the Proceedings Supplemental interrogatories, pursue wage garnishment. Federal and Indiana law limit how much can be withheld from ordinary wages, though Indiana permits considerably higher withholding for child support specifically — up to 50% to 60% of disposable wages for that separate category of debt, which does not apply to ordinary small claims judgments.
Step 3 — Bank Account Execution
Compels the defendant’s bank to freeze and release funds toward your judgment, based on account information obtained through the Proceedings Supplemental process.
Step 4 — Personal Property Execution
Governed by IC 34-55-1. Authorizes attachment and sale of the defendant’s non-exempt personal property. This method is strictly controlled by statute and subject to numerous exemptions — consult with an attorney if the defendant appears to be in or approaching bankruptcy, since a bankruptcy filing will halt collection efforts and requires a different approach entirely.
Step 5 — Real Property Lien
Recording the judgment creates a lien on any real property the defendant owns in that county, valid for 10 years under IC 34-55-9.
Installment Plans
Some Indiana small claims courts offer, and will order, an installment payment plan if the losing party demonstrates an inability to pay the full judgment immediately. Ask the clerk whether your specific court offers this option.
Satisfaction of Judgment
Once the judgment is paid, the court issues a Notice on the Chronological Case Summary indicating satisfaction. If, as the judgment creditor, you disagree that the judgment has actually been satisfied or should be released, you must file a verified objection within 30 days of that notice being issued.
Appeals in Indiana Small Claims Court
| Detail | Rule |
|---|---|
| Who can appeal | Either party |
| Deadline | 30 days from entry of judgment |
| Type of review | Generally on the record — not de novo |
Because Indiana appeals are record-based rather than a fresh trial, your original hearing presentation carries lasting weight — there is limited opportunity to introduce new evidence if the case is appealed. If you are unsure about any part of the appeal process or the applicable deadlines, consult a local attorney rather than risk missing a filing requirement.
Indiana Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| 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 |
Filing your claim tolls (pauses) the statute of limitations from the filing date. Note that the clock can also stop and restart in certain circumstances — for example, the personal injury statute of limitations for a minor typically does not begin running until the child turns 18 and can sue in their own right without a guardian.
Frequently Asked Questions — Indiana Small Claims Court
What is the small claims limit in Indiana in 2026?
$10,000 in 91 counties under IC 33-29-2-4. Marion County is the exception at $8,000 under IC 33-34-3-2.
Why does Marion County have nine separate small claims courts?
Historical structure under IC 33-34 gives each of Marion County’s townships its own elected small claims judge. Public Law 226 (2014) standardized procedures across all nine courts after criticism of forum-shopping.
How much does it cost to file in Indiana?
$35 to $85 in most counties; approximately $45 in Marion County township courts.
What is the statute of limitations for small claims in Indiana?
Written contracts: 10 years — tied with Illinois and Missouri for longest in the US. Oral contracts: 6 years. Property damage and personal injury: 2 years.
Does a corporation need an attorney in Indiana small claims court?
Only above a $1,500 claim value — below that threshold, a non-attorney officer or employee can typically represent the corporation.
Can I get attorney’s fees if I win?
Generally no, unless a written agreement specifically provides for them or the claim involves a bad check with a statutory penalty that includes fees.
Can either party appeal an Indiana small claims judgment?
Yes, within 30 days of the entry of judgment (not the hearing date), and the review is generally on the record rather than a new trial.
How do I collect a judgment in Indiana?
File a Proceedings Supplemental first to compel asset disclosure under oath, then pursue wage garnishment, bank execution, personal property execution, or a 10-year real property lien.
How long does a landlord have to return a security deposit?
45 days after move-out, with an itemized written statement of deductions.
Can I request a jury trial in Indiana small claims court?
Yes, but only within 10 days of receiving the notice of claim, and the requesting party pays the transfer fee. Once granted, it cannot be withdrawn without the other party’s consent.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- How to Sue Your Landlord
- Illinois Small Claims Court Guide
- Browse All 50 State Guides
Sources
- Indiana Judicial Branch — Small Claims Manual: in.gov/courts
- IC 33-29-2-4 (Circuit/Superior Court small claims jurisdiction — $10,000)
- IC 33-34-3-2 (Marion County township small claims — $8,000)
- Indiana Public Law 226 (2014) — Marion County small claims standardization
- IC 34-11-2-11 (10-year written contract SOL)
- IC 34-11-2-7 (6-year oral contract SOL)
- IC 34-11-2-4 (2-year property damage / personal injury SOL)
- IC 24-4.6-1-101 (8% post-judgment interest)
- IC 34-25-3 (Proceedings Supplemental)
- IC 34-55-1 (Personal property execution)
- IC 34-55-9 (Real property lien — 10 years)
- IC 33-37 (Filing fees); IC 33-37-3 (Fee waiver/indigency)
- Indiana Small Claims Rules 1–13 (effective January 1, 2025), rules.incourts.gov
- I.C. 32-31-6 (Security deposit statute)
