Indiana Small Claims Statute of Limitations

Miss the statute of limitations and your claim is dead — no matter how strong your evidence. Indiana sets strict time windows for filing based on the type of dispute, and the clock does not pause while you negotiate, mediate, or think it over.

Time Limits by Claim Type

Indiana's limitation periods are set by IC 34-11-2 and vary depending on the legal theory behind your claim:

Six years — promissory notes and other contracts for the payment of money (IC 34-11-2-9). The clock starts when the payment is due or default occurs.

Ten years — written contracts other than contracts for the payment of money (IC 34-11-2-11). The clock starts when the contract is breached.

Six years — oral (unwritten) contracts other than contracts for the sale of goods, and accounts (IC 34-11-2-7). If you shook hands on a $3,000 deal and the other party did not pay, you generally have six years from the date payment was due.

Six years — real property damage (IC 34-11-2-7). Covers damage to land, buildings, and structures. A neighbor's tree that destroyed your fence in 2023 gives you until 2029.

Two years — personal property damage (IC 34-11-2-4). Covers damage to vehicles, electronics, furniture, and other movable property. If someone backed into your parked car in January 2025, you must file by January 2027.

Two years — personal injury (IC 34-11-2-4). Covers physical harm caused by another person's actions. Most personal injury cases exceed the small claims limit, but minor injuries sometimes fit.

The Security Deposit Exception

Security deposit disputes follow their own statutory trigger rather than a traditional limitations period. Under IC 32-31-3-12, within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit, less permitted deductions, with written notice itemizing the deductions. The landlord is not liable under this chapter until the tenant supplies a mailing address in writing. If the landlord fails to comply, the tenant may recover the security deposit due and reasonable attorney's fees. Separately, IC 32-31-3-14 and -15 require a damages itemization within 45 days after termination of occupancy; if the landlord fails to provide it, no damages are due and the landlord must remit the full deposit immediately.

The 45-day period is the landlord's deadline for the required return or notice. The deadline for filing the tenant's lawsuit is a separate question; identify the limitation period that applies to your claim.

What Does Not Pause the Clock

Sending a demand letter, mediation, or informal negotiation does not toll the statute of limitations. File a compliant Notice of Claim with the court clerk before the deadline expires to preserve your claim.

If your deadline is approaching, file first. You can always settle after the case is open, and a pending lawsuit often motivates payment faster than another demand letter.

Claims Against Government Entities

Suing a county, city, town, or school district in small claims court requires a formal Tort Claim Notice within 180 days of the loss under IC 34-13-3-8. This is not the same as the statute of limitations — it is an additional pre-filing requirement. Missing the 180-day notice window bars your claim entirely, even if the underlying statute of limitations has years remaining.

Practical Advice

Do not wait until the last month of your limitation period to file. Service of process can take weeks — especially if the defendant dodges certified mail and you need to switch to sheriff service. Filing early gives you time to handle service problems without the clock running out.

The Indiana Small Claims Filing Guide includes a deadline calculator that maps your claim type to the correct limitation period and helps you track key dates from the date of breach through the filing deadline.

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