$0 Indiana Small Claims Filing Checklist

Indiana Small Claims Court Limit

The short answer: $10,000 statewide, including in Marion County's nine township small claims courts. But knowing the number is only half the picture — what matters is what happens when your damages land near or above the cap.

The $10,000 Statewide Cap

Effective July 1, 2021, Indiana raised its small claims jurisdictional limit from $8,000 to $10,000 under IC 33-28-3-4(b)(1) and related statutes. The $10,000 limit applies to circuit and superior court small claims dockets and Marion County township courts.

The $10,000 figure covers the principal demand — the actual amount you claim you are owed. It does not include court costs, which are added on top of the judgment if you win.

Marion County's Nine Township Courts

Marion County operates nine independent township small claims courts under IC 33-34. They use the same $10,000 jurisdictional limit. If your claim exceeds $10,000, you can waive the excess or file on a plenary civil docket with its higher filing fee and formal procedural requirements.

What If Your Claim Exceeds the Limit

When your total damages are above $10,000, Indiana gives you two paths.

Waive the excess. You can explicitly cap your demand at the jurisdictional limit and forfeit the rest. This keeps you in small claims court with its simpler procedures and lower costs. But the waiver is permanent — you cannot file a second case for the difference.

File on the plenary docket. You can bring the full claim as a civil collection or civil plenary case. This means higher filing fees, strict adherence to Indiana's Rules of Trial Procedure, and potentially the need for an attorney. For a $12,000 claim, the extra $2,000 may not justify the added complexity and cost.

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Claim Splitting Is Prohibited

Indiana does not allow you to divide a single debt or incident into multiple lawsuits to stay under the cap. If a contractor owes you $15,000 for one failed project, you cannot file one $10,000 suit and one $5,000 suit. The court will dismiss the second action. If you owe more than the cap on a single contract or occurrence, you must choose between waiving the excess or filing on the plenary docket.

No Annual Filing Cap

Indiana places no statutory limit on how many small claims cases one person or business can file per year. Frequent filers — like landlords pursuing multiple tenants — can use the small claims docket for each separate dispute, as long as each individual claim falls within the monetary cap.

How the Limit Affects Counterclaims

If the defendant pursues a counterclaim to decision in small claims, the defendant waives any amount above the $10,000 limit and cannot later bring a separate action for the excess.

The Indiana Small Claims Filing Guide includes a pre-filing jurisdiction worksheet that walks you through the limit calculation, venue selection, and the waiver decision before you fill out any court forms.

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