Indiana Rules & Forms
Small Claims Court
Court: Small claims cases are heard in the Small Claims Docket of the Circuit Court, Superior Court, and the County Court. There is also a separate small claims court for Marion County.
Claim Limit: $6,000.00
Attorney Representation: Attorneys can represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court only if the total rent due does not exceed $6,000.
Jury Trial: The defendant may request a jury trial within ten days following service of complaint upon submitting an affidavit stating questions of fact that require a jury trial. Once requested, the case is transferred from small claims to formal court. In Marion County, the defendant must file a jury duty request at least three calendar days before the trial date that appears on the complaint. Once filed, the case is transferred from small claims to superior court.
Statutes of Limitations (Ind. Code Ann. § 34-11-2-1 et seq.):
– Written Contract: 10 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 2 years