Small claims court in Indiana
The basics
- Small claims limit
- $10,0001,2,3Ind. Code 33-29-2-4(b)(1)
You can sue for up to $10,000 in small claims.
- Court
- Small claims docket of circuit or superior court4,1Ind. Small Claims Rule 1
Small claims are heard on the small claims docket of a circuit or superior court. Marion County has its own small claims courts.
- Filing fee
- Varies by county ($125 in Randolph County)3
Fees are set by county. The Randolph County clerk charges $125 to file, plus $10 for each additional defendant.
- Lawyers
- Yes, not required5,3Ind. Small Claims Rule 8(C)
You may represent yourself or hire a lawyer. A business may appear through a lawyer, an owner or a designated full-time employee.
- Appeals
- 30 days2
The Madison County courts say an appeal must be filed within 30 days of the judgment.
Deadlines to sue (statutes of limitations)
How long you usually have to file, counted from when the claim arose. Exceptions apply.
- Written contract
- 6 years6,7,8Ind. Code 34-11-2-9, 34-11-2-11
6 years for promissory notes and other written contracts to pay money. Other written contracts generally have 10 years.
- Oral contract
- 6 years9,10Ind. Code 34-11-2-7(1)
6 years for accounts and contracts that are not in writing.
- Property damage
- 2 years11,12Ind. Code 34-11-2-4(a)(2), 34-11-2-7(3)
2 years for damage to personal property. Damage to real property has 6 years.
- Personal injury
- 2 years11,12Ind. Code 34-11-2-4(a)(1)
2 years for injury to the person.
Sources
- Indiana Code 33-29-2-4 (2025), Justia (reproduction of state code text), 2025secondary
- Small Claims Summary Handout, Madison County Courts, Indianaofficial
- Small Claims and Evictions, Randolph County Clerk, Randolph County, Indianaofficial
- Indiana Small Claims Rule 1, Scope, Indiana Supreme Court, 1994-01-01official
- Indiana Small Claims Rule 8, Procedure, Indiana Supreme Court, 2025-01-01official
- Indiana Code 34-11-2-9 (2025), Justia (reproduction of state code text), 2025secondary
- Indiana Code 34-11-2-9, FindLaw (reproduction of state code text), 2026-01-01secondary
- Indiana Code 34-11-2-11 (2025), Justia (reproduction of state code text), 2025secondary
- Indiana Code 34-11-2-7 (2025), Justia (reproduction of state code text), 2025secondary
- Indiana Code 34-11-2-7, FindLaw (reproduction of state code text), 2026-01-01secondary
- Indiana Code 34-11-2-4 (2025), Justia (reproduction of state code text), 2025secondary
- Indiana Code 34-11-2-4, FindLaw (reproduction of state code text), 2026-01-01secondary
Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.