Indiana Small Claims Court Filing Fees

Court fees are the first real cost of filing a small claims case, and Indiana's fee structure varies more than most people expect. The total depends on which county you file in, whether you e-file or file on paper, and which service method you choose.

Base Filing Fees

Indiana's small claims filing fees break into three tiers based on location and filing method.

E-filing (91 counties): $87. This is the standard electronic filing cost, which includes the $35 base docket fee plus state and local judicial user fees.

Paper filing (91 counties): $97. Filing in person at the clerk's counter costs $10 more than e-filing due to additional processing fees.

Marion County township courts: $130. Marion County's nine township courts charge higher fees that include a $26 small claims service fee on top of the base amounts. This $130 total covers constable service, which is how Marion County township courts serve defendants.

Additional Costs

Beyond the base filing fee, several add-ons apply:

Sheriff service of process: $28 per defendant if you choose sheriff delivery instead of certified mail. In the 91 non-Marion counties, certified mail service is included in the base fee, but sheriff service costs extra.

Additional defendants: For paper filings outside Marion County, a $10 Small Claims Service Fee applies to each named defendant. The fee is not charged on e-filed cases. Marion County township courts use separate service fees.

Provider and payment fees: Indiana's free state e-filing provider charges no provider subscription fee, though court or service fees and any credit card processing fee still apply. Other providers may charge subscription or service fees; check the provider's current terms before filing.

Can You Get the Fees Waived?

Yes. Under IC 33-37-3-2, you can ask to proceed without prepaying required fees and court costs by filing a written statement under oath. Follow the court's local form and documentation requirements.

The court determines whether you qualify as indigent. If the request is denied, follow the court's notice or order for the payment amount and deadline; Indiana law does not set a statewide 20-day payment period.

A fee waiver does not cover everything. Post-judgment costs and third-party deposition expenses are not included even with an approved waiver.

Can You Recover Court Costs?

If you win your case, the losing party also pays your court costs — filing fees, service fees, and witness fees — on top of the judgment amount. Under Small Claims Rule 11(B), the party recovering judgment also recovers costs, regardless of the amount.

Court costs are separate from the $10,000 jurisdictional cap.

How Fees Compare to Other Options

At $87 to $130, small claims court is the cheapest path to resolving a money dispute in Indiana. The alternative — filing a civil plenary case — costs substantially more in filing fees and typically requires an attorney. For a $3,000 contractor dispute or a $2,000 security deposit case, the filing fee represents a small fraction of what you stand to recover.

The Indiana Small Claims Filing Guide includes a cost calculator worksheet to tally your total filing costs — base fee, service method, additional defendants — before you walk into the clerk's office.

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