Small claims courts in Indiana provide individuals with the opportunity to resolve specific eligible disputes with simplicity and convenience. Pursuant to Indiana Code § 33-28-3-4, the following types of cases are eligible for the small claims docket:

  • Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000);
  • Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000); and
  • Emergency possessory actions between a landlord and tenant under IC 32-31-6.

There is an important caveat to utilizing the convenience of the small claims docket – any amount sought in excess of ten thousand dollars ($10,000) is waived. Specifically, the plaintiff filing the notice of claim or the defendant making a counterclaim in response to the plaintiff’s claim is limited to a maximum recovery of $10,000, even if their damages exceed that amount. To recover more than this cap, the counterclaiming party would need to move the case to another court.

Small claims proceedings are governed by the Indiana Rules of Small Claims. Further, many of Indiana’s 92 counties also have Local Small Claims Court Rules that must be followed. The Indiana Rules of Evidence do not apply in small claims courts.

A plaintiff initiates the litigation by filing a notice of claim in compliance with Indiana Rule of Small Claims 2.

Further, when preparing to file a civil action for monetary damages or the recovery of property (non-landlord-tenant disputes), he proper small claims venue must be utilized. The Indiana Rules of Small Claims consider venue proper in the county where:

  • the transaction or occurrence took place,
  • the obligation was incurred or is to be performed, or
  • a defendant resides or is employed at the time the complaint is filed.

Note that in the Indiana counties containing a consolidated city with established township small claims courts, proper venue is the township where:

  • the transaction or occurrence took place,
  • the obligation was incurred or is to be performed, or
  • a defendant resides or is employed at the time the complaint is filed.

The attorneys at May Oberfell Lorber are well-versed in small claims litigation and can assist with legal needs – big or small.

This article is for information purposes only and is not intended to constitute legal advice.

Posted in Commercial Real Estate, Litigation

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