Indiana Small Claims Rule 8(C) — Business Representation Without a Lawyer

What Changed on January 1, 2025

Before 2025, Indiana Small Claims Rule 8(C) capped non-attorney employee representation for business entities at $6,000. Any business facing a claim above that threshold needed a licensed attorney to appear on its behalf — even in small claims court, which is designed to be informal and accessible.

The Indiana Supreme Court amended Rule 8(C) effective January 1, 2025, eliminating the $6,000 cap entirely. Now, a designated full-time employee, owner, or trustee can represent a corporation, LLC, LLP, partnership, sole proprietorship, or trust in small claims court for claims up to the full jurisdictional limit: $10,000 in Circuit and Superior Courts (91 counties) or $8,000 in Marion County Township Small Claims Courts.

This matters because many small businesses being sued for a few thousand dollars face an uncomfortable choice between spending $1,500–$3,000 on attorney fees for a $4,000 dispute or sending the owner without understanding the paperwork requirements.

Who Can Represent a Business

Under the current Rule 8(C), each entity type has specific representation options:

• Sole proprietorships and partnerships: the sole proprietor, any partner, an owner, a licensed attorney, or a designated full-time employee
• Corporations, LLCs, LLPs, and trusts: a licensed attorney, an owner, a trustee, or a designated full-time employee

If the business uses the employee-representation option, that representative must be a full-time employee of the specific business entity — not a friend, a part-time consultant, or an employee of a related company.

One hard exception: an assigned or purchased claim, or a debt acquired from the real party in interest by a third party, cannot be presented or defended by that third party without counsel, regardless of the amount.

Required Filings in Every Case

The 2025 amendment did not relax the documentation requirements. For each individual case where a business entity designates an employee or trustee to represent it, you must file:

1. Certificate of Compliance. This formally identifies the designated employee or trustee who will appear on behalf of the entity.

2. Corporate Resolution or Sworn Authorization. A document adopted by the business entity (a duly adopted resolution for a corporation, LLC, or LLP, or a sworn statement from a sole proprietor, managing partner, or trustee) that:

• Appoints the specific employee as the entity's representative for this case
• States that the entity will be bound by the employee's acts and agreements in the proceeding
• Accepts liability for any court-assessed costs
• Waives any claim in excess of the small claims jurisdictional limit

3. Non-Disbarment Affidavit. A sworn statement by the designated employee or trustee confirming that they are not disbarred or suspended from practicing law in Indiana or any other jurisdiction.

All three documents must be filed with the court. Missing any one of them can result in the court refusing to allow the employee to represent the business — which, if no other authorized representative is present, leads to a default.

Practical Tips for Business Defendants

File early. Do not wait until the hearing date to present these documents. File the Certificate of Compliance, resolution, and affidavit with the court clerk well in advance. This gives the court and opposing party time to review and avoids a hearing-day scramble.

Choose your representative carefully. Pick someone who understands the transaction at issue — the employee who worked with the customer, managed the project, or handled the account. A representative who has to say "I don't know, I wasn't involved" for every factual question undermines the entire defense.

Prepare evidence in three copies. The representative should bring the same organized exhibit set any individual defendant would: contracts, invoices, correspondence, photos, and payment records, each in three printed copies (judge, opposing party, and your own reference).

Understand the waiver. The resolution filed with the court waives any claim exceeding the jurisdictional cap. If a business has a counterclaim worth more than $10,000 (or $8,000 in Marion County), consider whether it makes more sense to transfer the case to the regular civil docket and retain full recovery rights.

Watch for Outdated Information

Many online resources and court clerk handouts still reference the pre-2025 rules — citing a $1,500 or $6,000 cap on non-attorney business representation. These are wrong as of January 1, 2025. The current rule allows full-time employee representation at any amount up to the jurisdictional limit for non-assigned claims. If a clerk's office gives you a form referencing the old cap, the statutory text of Rule 8(C) controls.

The Indiana Small Claims Response Guide includes fillable templates for the Certificate of Compliance, corporate resolution, and Non-Disbarment Affidavit required under the current Rule 8(C).

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