How to File Small Claims in Indiana

You sent the demand letter, waited two weeks, and heard nothing. Now you need to turn that ignored demand into a court case — and Indiana's small claims system is designed for exactly this situation.

Check Whether Your Claim Qualifies

Indiana small claims courts handle disputes up to $10,000, including in Marion County's nine township courts. In other counties, small claims cases are heard on a circuit or superior court docket. Your claim must be for money damages or return of personal property — the court cannot order someone to do (or stop doing) something.

Common qualifying claims include unpaid contractor deposits, unreturned security deposits, broken purchase agreements, property damage from a neighbor's neglect, and unpaid invoices.

Before filing, confirm your claim falls within the statute of limitations. Accounts, unwritten contracts other than contracts for the sale of goods, and contracts for payment of money generally have a six-year limit; other written contracts generally have ten years. Personal property damage claims must be filed within two years. If your deadline is approaching, file first and negotiate later — filing preserves the clock.

Send a Written Demand Letter

Indiana does not legally require a demand letter for most claims, but written demands are generally recommended before litigation. A good demand letter states the amount owed, gives a payment deadline of 10 to 14 days, and warns that you will file suit if the debt is not paid.

Send it by certified mail with return receipt requested. Keep the tracking receipt and green card — they become evidence that the defendant knew about the dispute before the lawsuit.

One exception where written notice is mandatory: security deposit disputes. Under IC 32-31-3-12, the tenant must provide a written forwarding address to trigger the landlord's 45-day return window.

Identify the Right Court

Indiana's dual-track system matters here. In Marion County, nine township small claims courts operate independently, each with its own clerk, judge, and constable. For the other 91 counties, cases go to the small claims docket of the circuit or superior court.

Venue rules determine which county (and which township in Marion County) hears your case. Generally, you file where the defendant lives, where the contract was made, or where the incident happened. Landlord-tenant cases must be filed where the property sits — no exceptions.

Complete and File the Notice of Claim

The Notice of Claim is your formal complaint. Indiana does not use a single statewide form — each county clerk issues its own version. Get the correct form from your county clerk's office or website.

Every Notice of Claim requires the parties' identifying information and a clear statement of what happened and how much you are owed. The statewide Notice of Claim is unverified; follow the court's form for signature requirements. If you are suing a business, verify its exact legal name and registered agent through Indiana's INBiz database before filing.

You will also need to attach supporting documents: a copy of any written contract, lease, or promissory note. If the claim involves an open account (like an unpaid tab), attach an Affidavit of Debt using the format in Small Claims Appendix A.

Pay Filing Fees and Choose a Service Method

Filing fees depend on your county and filing method. E-filing costs $87 statewide. Paper filing costs $97. Marion County township courts charge $130, which includes constable service.

At filing, you choose how the defendant gets notified: certified mail or personal service. Outside Marion County, sheriff service adds $28. For paper filings outside Marion County, a $10 Small Claims Service Fee applies to each named defendant; it is not charged on e-filed cases. Marion County townships use separate service fees, and the $130 total includes one service.

If you cannot afford the fees, you can ask to proceed without prepaying required fees and court costs under IC 33-37-3-2. File a written statement under oath and follow the court's local form and documentation requirements.

What Happens After Filing

The clerk processes your paperwork, assigns a case number, and sends the Notice of Claim to the defendant using the service method you selected. You can track progress through Indiana's MyCase portal, which shows your Chronological Case Summary — the official record of everything filed and every hearing scheduled.

If service comes back "unclaimed" or "refused," the hearing cannot proceed. You will need to find a better address, request an Alias Notice of Claim, and try again with a different service method.

Once the defendant is served, you will receive a hearing date. In many counties, the first setting is a full trial — come prepared with three copies of every piece of evidence, organized and ready to present.

The Indiana Small Claims Filing Guide walks through each of these steps with tracking worksheets, a deadline calendar, and a service-of-process log so nothing falls through the cracks.

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