Indiana Small Claims Business Filing: Rule 8(C) and Corporate Representation

Filing a small claims case as a business in Indiana comes with an extra layer of rules that individuals don't face. Whether you're an LLC chasing an unpaid invoice or a sole proprietor suing over a broken contract, the representation requirements under Small Claims Rule 8(C) determine whether you can handle the case yourself or need to hire an attorney.

Rule 8(C): Business Representation Up to $10,000

Effective January 1, 2025, Indiana Small Claims Rule 8(C) allows qualifying business parties to use an owner or designated representative for claims up to the full $10,000 small-claims limit. Assigned or purchased claims still require an attorney.

Claims up to $10,000: A corporation, LLC, LLP, or trust may be represented by an owner, a designated full-time employee, or, for a trust, a trustee. A sole proprietorship or partnership may be represented by its owner or partner, a designated full-time employee, or an attorney. No attorney is required for a non-assigned claim within the small-claims limit if the Rule 8(C) requirements are met.

If you use a designated employee or trustee, file the Rule 8(C) designation documents in each case: a Certificate of Compliance, the required business authorization (a resolution for a corporation, LLC, or LLP, or an authorization signed under oath for a sole proprietorship, partnership, or trust), and an Employee or Trustee Affidavit confirming the representative is not disbarred or suspended from practicing law. Check the court's local forms for the exact documents it accepts.

Claims above $10,000 do not fit the small-claims limit. A claimant must give up the excess or file on another docket.

Sole Proprietors Have It Easier

If you operate as a sole proprietor, you may represent yourself for a claim up to the $10,000 small-claims limit. Rule 8(C) also allows a designated full-time employee to represent a sole proprietorship if the required authorization and affidavit are filed.

Name yourself correctly on the Notice of Claim: "Jane Smith d/b/a Smith Consulting." The d/b/a (doing business as) connects your legal name to your trade name.

Filing Over an Unpaid Invoice

Most business small claims cases involve unpaid invoices. Here's what you need:

• Written contract or proposal: If one exists, attach it to the Notice of Claim. Indiana small claims rules require attaching the contract when suing on a written agreement.
• Invoices and account history: Show what was delivered, when it was billed, and when payment was due.
• Affidavit of Debt: If suing on an open account (ongoing billing relationship without a single written contract), you must attach an Affidavit of Debt conforming to Small Claims Appendix A.
• Proof of delivery: Signed delivery receipts, completion confirmations, or emails acknowledging the work was done.

The deadline depends on the claim type:

• Written contract for payment of money: 6 years (IC § 34-11-2-9)
• Unwritten contract or account: 6 years (IC § 34-11-2-7)
• Contract for the sale of goods: 4 years (IC § 26-1-2-725)

File within the applicable window, but sooner is better — evidence and witnesses are fresher.

Verifying the Defendant Business

Before filing against another business, search INBiz (inbiz.in.gov) to confirm the exact legal name, entity type, and registered agent. Filing against "Bob's Plumbing" when the legal entity is "R. Johnson Plumbing Services, LLC" can make a judgment unenforceable.

The registered agent listed on INBiz is the person authorized to accept service of process. That's where you direct certified mail or sheriff service.

At the Hearing

For claims up to $10,000 with a designated non-attorney representative, file the Rule 8(C) authorization and affidavit documents in each case before the hearing. If a business fails to comply, the court may order it to appear by counsel or impose sanctions, including dismissal.

Prepare three physical copies of all exhibits: invoices, contracts, delivery records, communications, and your demand letter. Organize them chronologically. Indiana small claims hearings are informal, but organized documentation wins cases.

The Indiana Small Claims Filing Guide covers the full filing process for both individual and business filers, including Rule 8(C) compliance steps and evidence preparation.

See more Indiana guides →