Hurt, wronged, or owed money
THINKING ABOUT SUING
What Indiana law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for an injury to a person or personal property
- From
- The cause of action accruing
An action for injury to a person or character, or to personal property, must be commenced within this time.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Suing for an injury to a person or personal property
- From
- The cause of action accruing
An action for injury to a person or character, or to personal property, must be commenced within this time.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Suing on a note or a written contract for money
- From
- The cause of action accruing
An action on a promissory note or another written contract for the payment of money made after August 31, 1982 must be commenced within this time.
10 years
Suing on a written contract not for money
- From
- The cause of action accruing
An action on a written contract other than one for the payment of money must be commenced within this time.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
Suing on an unwritten contract or for fraud
- From
- The cause of action accruing
Actions on accounts and contracts not in writing, for relief against fraud, and for damage to real property must be commenced within this time.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Indiana guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
270 days
Notice of a claim against the state
- From
- The loss
A claim against the state is barred unless notice is filed with the attorney general or the state agency involved within this time.
Step 2
180 days
Notice of a claim against a city, town, county or school
- From
- The loss
A claim against a political subdivision is barred unless notice is filed with its governing body, and the risk management commission where it applies, within this time.
SMALL CLAIMS COURT
The limit in Indiana
Up to $10,000
IC 33-28-3-4 — claims of not more than $10,000, tried informally
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Indiana attorney.