Small Claims Court

The small claims docket of a circuit court hears the following.

• Civil actions for not more than $10,000, and a plaintiff or counterclaiming defendant may waive any excess to bring a claim within that limit.
• Possession actions between landlord and tenant where the rent due when filed does not exceed $10,000.
• Emergency possession actions between a landlord and tenant.

• §IC 33-28-3-4StatuteJurisdiction of small claims docketOpens iga.in.gov ↗

A defendant who appears, in person or through a lawyer, has answered: the appearance is a general denial that keeps every defense and counterclaim for trial. The trial is informal, aimed at speedy justice under the substantive law, and not bound by the rules of procedure or evidence except those on privileged communications and offers of compromise.

• §IC 33-28-3-5StatuteExceptions to formal practice and procedure; answer and appearance; continuance; informalityOpens iga.in.gov ↗

Filing on the small claims docket waives a jury. A defendant may demand one within ten days of service by an affidavit naming the questions of fact and stating good faith, and on depositing $70 the claim moves to the plenary docket and stops being a small claim.

• §IC 33-28-3-7StatuteWaiver of trial by jury; demand for jury trial; transfer to plenary docketOpens iga.in.gov ↗

The township small claims courts hear contract and tort cases where the debt or damage claimed does not exceed $10,000, not counting interest or attorney's fees.

• §IC 33-34-3-2StatuteContract and tort jurisdictionOpens iga.in.gov ↗