Sue a Contractor in Indiana Small Claims Court

A contractor took your deposit and vanished. Or they finished the work but it's falling apart six months later. Either way, Indiana's small claims court gives you a path to recover up to $10,000 without hiring an attorney — and contractor disputes are one of the most common cases on the docket.

Before You File: The Demand Letter

Indiana generally recommends a written demand letter before filing a small claims case against a contractor, but it is not a statewide filing requirement. A written demand shows you tried to resolve the dispute before involving the court and documents the amount you requested.

Send the demand via certified mail to the contractor's business address. Include the project address, the contract amount, what was paid, what work was promised versus what was delivered, and a specific dollar amount you're demanding. Give 10 to 14 days to respond before filing.

Keep the certified mail receipt and the return card. If the contractor ignores the letter, that silence becomes evidence at the hearing.

Naming the Right Defendant

This is where contractor cases get tricky. Many contractors operate under a trade name that doesn't match their legal name. If you file against "Mike's Home Repair" but the actual person is Michael Johnson operating as a sole proprietor, you need to name "Michael Johnson d/b/a Mike's Home Repair" on your Notice of Claim.

For incorporated businesses, search INBiz — Indiana's Secretary of State business database — to find the exact legal name, entity type, and registered agent. Filing against the wrong name can make a default judgment unenforceable.

If the contractor has an LLC, the registered agent listed on INBiz is the person legally authorized to accept service of process. Write down that name and address before filing.

Filing the Notice of Claim

You'll file in the county where the work was performed (or where the contractor is based). Filing fees are $87 for e-filing in most counties, $97 for paper filing, or $130 in Marion County township courts. Add $28 if you want sheriff service instead of certified mail.

Attach any written contract to your Notice of Claim — this is mandatory under Indiana small claims rules when a written agreement exists. If you worked on a handshake deal, write a clear factual statement of what was agreed, when, and how much was paid. Cancelled checks, Venmo receipts, and text messages confirming terms all support an unwritten agreement.

Statute of Limitations

Your deadline to file depends on the type of agreement and claim:

• Written service contract other than a contract for payment of money: 10 years from accrual (IC § 34-11-2-11)
• Written contract for payment of money: 6 years from accrual (IC § 34-11-2-9)
• Unwritten/oral service contract: 6 years from the breach (IC § 34-11-2-7)
• Contract for the sale of goods: 4 years (IC § 26-1-2-725)
• Property damage from faulty work: 6 years for real property damage (IC § 34-11-2-7)

Most home improvement disputes fall within the written or oral contract windows. But don't wait — evidence degrades, contractors move, and memories shift.

Building Your Case at the Hearing

Contractor cases come down to documentation. Bring three physical copies of everything (one for the judge, one for the contractor, one for you):

If the contractor never started or abandoned the job:

• The contract or written estimate
• Proof of every payment (bank statements, cancelled checks, Venmo/Zelle screenshots)
• Photos of the unfinished work
• Your demand letter and the certified mail receipt
• A quote from a replacement contractor showing what it costs to finish

If the work was completed but done poorly:

• Before and after photos
• The original contract specifying what standards were agreed
• An inspection report or written estimate from another licensed contractor
• Any text messages or emails where you notified the contractor of problems

Under Indiana Small Claims Rule 8(A), hearings are informal — hearsay is admissible, though the judge can't base a ruling solely on uncorroborated hearsay. Text messages and emails carry real weight.

What If the Contractor Doesn't Show Up?

If you properly served the contractor and they don't appear, you can request a default judgment. But the judge won't hand it over automatically — you still need to present evidence establishing your actual financial loss. Bring your documents, walk the judge through the timeline, and state the specific amount you're owed.

The more organized your presentation, the more likely the judge awards the full amount.

For the complete filing process — from choosing the right court to preparing your three-copy evidence binder — the Indiana Small Claims Filing Guide walks you through every step.

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