What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Indiana Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $6,000.
Where Suit May Be Brought: Cases should be brought where the defendant resides or where injury occurred. Contract cases may be brought where the obligation incurred or performance expected.
Proper Manner of Service of Process upon Defendant: Service may be made by personal service. If personal service does not success, then by registered or certified mail. In the alternative, service may be made by sheriff or peace officer.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant requests a jury trial, the case shall be tried under regular civil procedure of appropriate court.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to Court of Appeals within 60 days.
Special Rules and Notes: No injunctive relief is available in small claims court. Defendant may request jury trial within ten days following service of complaint if she or he can show questions of fact requiring a jury determination. In Marion County Small Claims Court jury trials are not available. Case will be transferred to Superior Court if defendant request jury trial at least 3 days before trial date. The court may order installment payments. Go Hoosiers!
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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