Collecting a Default Judgment in Indiana Small Claims Court

The debtor did not show up to court. The judge entered a default judgment in your favor. Now the real work begins — collecting money from someone who could not be bothered to appear.

A default judgment carries the same legal weight as a judgment entered after a contested hearing. You have access to every enforcement tool Indiana provides. But the debtor who ignored the court hearing is often the same debtor who ignores payment demands, which means you will likely need to use those tools.

Same Tools, Different Challenge

The enforcement process after a default judgment is identical to any other small claims judgment:

• Proceedings supplemental to discover the debtor's assets under oath
• Wage garnishment if the debtor is employed
• Bank garnishment to freeze and collect non-exempt account balances
• Judgment liens on any real property the debtor owns
• Writs of execution to seize tangible personal property

The procedural difference is informational. In a contested case, you may have learned something about the debtor during the hearing — where they work, what they own, whether they have money. In a default case, you often know nothing beyond their name and the address where they were served.

Finding the Debtor's Assets

The proceedings supplemental hearing is especially critical after a default judgment because it may be your first opportunity to examine the debtor's finances under oath. File the verified motion under Trial Rule 69(E), get the Order to Appear issued, and serve it on the debtor.

If the debtor ignores the proceedings supplemental hearing too, request a Rule to Show Cause. The court can escalate to a body attachment order — a civil arrest warrant — for contempt. This tends to get the debtor's attention in a way the original lawsuit did not.

Meanwhile, use publicly available information:

• Indiana MyCase portal (mycase.in.gov) shows other cases involving the debtor, which may reveal an employer or address
• County recorder databases show real property ownership
• Indiana Secretary of State records reveal business registrations
• Prior dealings — if the debtor wrote you checks, the bank name is printed on them

The Non-Appearance Pattern

Debtors who default on the original hearing frequently default on proceedings supplemental too. This is frustrating but manageable. Each non-appearance gives you grounds to escalate through contempt proceedings. The court keeps a record of the debtor's failure to comply, which strengthens your position if you eventually need a body attachment or other coercive order.

Under Trial Rule 69(E), serve the debtor under Trial Rule 5 and any garnishee under Trial Rule 4. The hearing or answer date must be at least 20 days after service. Trial Rule 4.1(A)(3) governs service of an initial summons and complaint, not this post-judgment notice.

Installment Orders and Payment Plans

If the debtor eventually appears at a proceedings supplemental hearing and demonstrates limited income, the court may order structured installment payments under Small Claims Rule 11(C). As long as the debtor complies with the payment schedule, active garnishment is typically held in abeyance.

If the debtor stops paying, you go back to court and resume enforcement. Default on an installment order is grounds for modifying the order or moving forward with garnishment.

Protecting Your Position While You Wait

Even if immediate collection is not possible, take these steps to secure your judgment:

1. Record a judgment lien in every county where the debtor might own property. The lien attaches automatically in the county of origin and can be extended to other counties via certified transcript.

2. Track post-judgment interest at the 8% statutory rate under IC 24-4.6-1-101, unless a lower written-contract rate applies. A contract rate above 8% is capped at 8%. Your judgment grows every day it goes unpaid.

3. Monitor for changes. The debtor who has nothing today may buy a house, start a business, or get a new job. Proceedings supplemental are not subject to a 10-year filing limit, though execution issued more than 10 years after judgment or a prior execution requires a motion, leave of court, and 10 days' personal notice unless a statutory exception applies. A judgment is presumed paid after 20 years.

A default judgment is not weaker than a contested one. The debtor's absence from court does not reduce your rights or the available enforcement tools — it just means you start the collection process with less information about what the debtor has.

The Collecting a Small Claims Judgment in Indiana guide covers every enforcement tool available after an Indiana judgment, with the step-by-step procedure for each one.

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