Indiana Small Claims Forms

Indiana Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Indiana Small Claims Forms

  • Do you need an attorney for a small claims case in Indiana?

    In Indiana, you do not need an attorney to file a small claims case, as individuals commonly represent themselves. However, having legal guidance can be beneficial, especially if you are unsure about filling out the Indiana Small Claims Forms. The process is designed to be straightforward for self-representation, letting you focus on presenting your case effectively. If you feel overwhelmed, consider seeking advice from legal professionals who can help you navigate through the process.

  • How do I file a small claims case in Indiana?

    To file a small claims case in Indiana, you need to complete the required Indiana Small Claims Forms specific to your situation. First, gather all necessary documentation related to your claim, such as contracts or receipts. Next, visit your local courthouse or the Indiana court website to find and fill out the appropriate forms. After submitting your forms along with any required fees, you will receive a court date to present your case.

  • What is the statute of limitations for small claims in Indiana?

    In Indiana, the statute of limitations for small claims is generally two years from the date of the incident or when the harm occurred. This means you must file your claim within this timeframe to ensure your rights are protected. To assist you in preparing the necessary documents, our Indiana Small Claims Forms provide timely and accurate templates to help you meet legal deadlines.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for certain matters, including defamation, wrongful termination, and issues involving family law, such as divorce or child custody. Additionally, you cannot seek damages that exceed the small claims limit in Indiana, which is typically $6,000. To navigate these restrictions effectively, consider utilizing Indiana Small Claims Forms available on our platform, which guide you through the process.

  • Is suing someone worth it?

    Determining whether to sue someone often hinges on the specifics of your situation. If the amount owed justifies the legal costs and emotional investment, pursuing a claim may be worth your while. Utilizing Indiana Small Claims Forms can simplify the process, helping you to seek justice while minimizing the complexity of litigation.

  • What percentage of people win in small claims court?

    Winning rates in small claims court can vary widely based on numerous factors, including the type of case and the evidence presented. Generally, many claimants report favorable outcomes, particularly when they have solid proof to back their claims. To enhance your chances, prepare thoroughly using Indiana Small Claims Forms and present your case confidently.

  • How to represent yourself in small claims court?

    Representing yourself in small claims court is entirely feasible with the right preparation. Start by gathering all necessary documents, evidence, and witness information that support your case. Using Indiana Small Claims Forms, you can organize your filings effectively, and ensure you meet court requirements, which can increase your chances of a successful outcome.

  • Is small claims court even worth it?

    Small claims court can be a worthwhile avenue for resolving disputes without incurring hefty legal fees. Many people find success in settling cases quickly and efficiently, often with minimal prior legal experience. By utilizing Indiana Small Claims Forms, you can navigate the court system more easily, making it a viable option for many individuals.

  • What is the lowest amount for small claims court?

    In Indiana, small claims court allows you to file a case for amounts typically up to $6,000. However, it's essential to check the specific limits for your county, as they may vary slightly. If your claim falls within this range, using Indiana Small Claims Forms can help streamline your filing process and get you started on the right foot.

  • Is it worth taking someone to small claims court?

    Taking someone to small claims court can be worthwhile if you seek a fair resolution for a legitimate claim. The small claims process is generally quicker and less complicated than other legal options, making it accessible for most people. If you have valid documentation and use the proper Indiana Small Claims Forms, you have a solid chance of success. Also, consider whether the potential recovery justifies the time and effort you will invest.