If you have a dispute worth $8,000 or less — a security deposit your landlord won’t return, a contractor who took your money and disappeared, a car repair that made things worse — Indiana’s small claims court exists specifically for situations like yours.
No lawyer required. No complicated legal filings. Just show up with your evidence and tell your story to a judge.
Here’s exactly what you need to know.
The Short Answer
Indiana small claims court (Small Claims Court / Circuit Court) handles civil disputes up to $8,000. The limit is $8,000 in most counties, with Marion County at $6,000 for certain claims. Filing costs approximately $35–$85 depending on your claim amount. Most cases are resolved within 30–90 days.
Indiana Small Claims Court Limit
The limit is $8,000 in most counties, with Marion County at $6,000 for certain claims.
This limit covers the total amount of money you’re asking for — not including court filing fees, which you can usually recover if you win.
If your claim is worth more than $8,000, you have two options:
- Reduce your claim to fit within the limit (you give up the rest permanently)
- File in a higher court (small claims or municipal civil court, depending on your county) — this usually means higher fees and a more formal process
How Much Does It Cost to File?
Filing fees in Indiana range from approximately $35–$85 depending on the amount you’re claiming. You pay this fee when you file. If you win, you can ask the court to order the defendant to reimburse your filing fee.
If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the clerk about an “affidavit of indigency” or “waiver of fees” form.
What Cases Can You Bring to Small Claims Court?
Small Claims Court / Circuit Court in Indiana handles:
- Unpaid debts — money owed to you under a contract or agreement
- Security deposit disputes — landlords who wrongfully withhold your deposit
- Property damage — someone damaged your car, property, or belongings
- Faulty goods or services — a contractor or business that didn’t deliver what was promised
- Returned checks — you can usually add a statutory penalty on top of the check amount
- Minor personal injury — small injury claims where the amount is within the limit
You cannot use small claims court for:
- Divorces or custody disputes
- Criminal matters
- Claims above $8,000
- Cases requiring injunctions (court orders to stop doing something)
Can You Have a Lawyer?
Indiana has a separate Small Claims Court system in some counties and uses Circuit or Superior Court small claims divisions in others. Attorneys are allowed.
Even where attorneys are allowed, most people represent themselves in small claims court. Judges are accustomed to non-lawyers and allow informal presentations. A well-organized binder of evidence often matters more than legal arguments.
How to File a Small Claims Case in Indiana
Step 1: Confirm You’re in the Right Court
Make sure your claim is:
- Worth $8,000 or less
- A civil (money) dispute, not a criminal matter
- Filed in the correct county (usually where the defendant lives or where the dispute occurred)
Step 2: Try to Resolve It First
Courts generally look favorably on plaintiffs who attempted to resolve the dispute before suing. Send the defendant a written demand letter giving them 14 days to pay or respond. Keep a copy. Send it via email (creates a timestamp) and certified mail (creates proof of delivery).
If you’ve already done this, proceed to Step 3.
Step 3: Complete the Court Forms
Visit your local Small Claims Court / Circuit Court or download forms from their website. You’ll fill out a complaint form that asks for:
- Your name and contact information (plaintiff)
- The defendant’s full legal name and address
- The amount you’re claiming
- A brief description of why you’re owed this amount
Bring supporting documents: contracts, receipts, photos, text messages, emails, and anything else that supports your claim.
Step 4: File and Pay the Filing Fee
Submit your completed forms to the court clerk and pay the filing fee ($35–$85). The clerk will stamp your forms and assign you a case number and hearing date.
Step 5: Serve the Defendant
The defendant must be officially notified of the lawsuit. In most cases, the court handles this by certified mail. If certified mail fails, you may need to arrange for personal service by a process server or sheriff. Keep your proof of service — the case may be dismissed if the defendant wasn’t properly served.
Step 6: Prepare Your Case
Organize your evidence chronologically. Bring:
- Original documents (the court may keep copies)
- Photos or videos relevant to the dispute
- Written communications (texts, emails, letters)
- Witness testimony (witnesses must appear in person — written statements are often not accepted)
- Receipts and estimates for any claimed damages
Practice explaining your case clearly in 3–5 minutes. Focus on facts and amounts.
Step 7: Attend the Hearing
Arrive early. Dress professionally. When your case is called, address the judge as “Your Honor.” Present your evidence calmly and stick to the relevant facts. Let the judge guide the proceeding — small claims courts are informal by design.
Step 8: Collect Your Judgment
Winning in court is step one. If the defendant doesn’t pay voluntarily, you’ll need to enforce the judgment. Options typically include:
- Wage garnishment — having the defendant’s employer deduct payments
- Bank levy — seizing funds from the defendant’s bank account
- Property lien — placing a lien on real property they own
Collection requires additional steps and sometimes additional court filings. The court clerk can explain the options available in Indiana.
Frequently Asked Questions About Indiana Small Claims Court
Is it worth taking someone to small claims court?
Small claims court is worth pursuing if your dispute is within Indiana’s $8,000 limit (or $6,000 in Marion County) and you have clear documentation of the damages. Since you won’t pay attorney fees and the process is informal, the risk is primarily your filing fee ($35–$85). Small claims is ideal for security deposits, unpaid debts, and contractor disputes where you have good evidence.
Who pays legal fees in small claims court?
In Indiana, if you win your case, you can ask the judge to order the defendant to reimburse your filing fee and court costs. However, you generally cannot recover attorney fees unless a specific statute allows it (rare in small claims). This is why most people represent themselves—lawyer costs wouldn’t be recoverable anyway.
What’s the most you can sue someone for in small claims court?
In Indiana, the maximum is $8,000 for most civil claims in most counties. Marion County (Indianapolis) has a lower limit of $6,000 in Small Claims Court. The limit covers the total amount you’re claiming—not including filing fees. If your dispute is worth more, you must file in a higher court (Circuit or Superior Court).
How long does a small claims case take?
Most Indiana small claims cases are scheduled within 30–60 days of filing. The hearing is typically informal and usually takes 20–30 minutes. The judge typically issues a decision at the hearing or within a few days, making Indiana cases relatively quick to resolve.
Key Statute
Indiana’s small claims procedure is governed by Ind. Code § 33-34-3-2. You can verify the current rules at Small Claims Court / Circuit Court.
Related Guides
- Small Claims Court Guide: How to Sue and Win Without a Lawyer — the complete how-to guide for the small claims process
- Indiana Security Deposit Laws — security deposit disputes are one of the most common small claims cases
- Indiana Eviction Notice Requirements — understand the eviction process and your defenses in Indiana
- Indiana Wage Theft Laws — Indiana wage laws, overtime rights, and how to recover unpaid wages
- Indiana Tenant Rights Guide — complete tenant rights guide for Indiana renters
This article is for informational purposes only and does not constitute legal advice. Court limits, fees, and procedures change — always verify current rules with your local court clerk before filing. Last reviewed: April 2026.