Sued in Indiana? You may have only 20 days to answer
Small claims: no written answer, but go to court on the date set. Circuit or superior court (plenary docket): 20 days. Circuit or superior court, papers served by mail: 23 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Indiana
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Indiana guides by topic
How to answer in Indiana
Your deadline by court, the official form, fees and defenses.
Default judgment in Indiana
What a default means and how to set it aside, with a calculator.
After a judgment in Indiana
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Indiana
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Indiana
Small Claims Docket of the Circuit or Superior Court (Marion County Small Claims Courts in Indianapolis)
Most credit card, medical and debt-buyer lawsuits of $10,000 or less are filed here. A debt buyer or other assignee must be represented by a lawyer in small claims.
Law: IC 33-29-2-4; Ind. Small Claims Rule 8(C)
Circuit or Superior Court (plenary civil docket)
Hears debt cases over $10,000, and small claims cases moved there after a jury trial request.
Law: IC 33-29-2-4; Indiana Small Claims Manual
How to answer in Indiana
- How to answer
Small claims: appear at the trial on the date in the notice. The court may ask you to enter an appearance first (in person, by phone or by mail), but not doing so is not a reason for a default. Bring all your documents. Plenary docket: file a written answer with the clerk (e-filing is available) and send a copy to the plaintiff's lawyer.
- Fee to answer
No written answer or answer fee is required in small claims. A jury trial request costs $70.
- If you can't pay the fees
Ask the court to let you proceed without paying costs (indigency / fee waiver request); the clerk can give you the local form.
- How you must be served
The Notice of Claim is the summons. It can be served by certified mail, return receipt requested, by handing it to you, or by leaving it at your home. If it is left at your home, a copy must also be mailed to you by first-class mail.
Law: Ind. Small Claims Rule 3(A); Ind. Trial Rules 4.1-4.16
Law: Ind. Small Claims Rule 4(A)-(B); Ind. Trial Rule 6(B), 6(D)(1), 6(G) (as amended effective July 1, 2026); Indiana Small Claims Manual (updated 12/23/2025)
Defenses to know in Indiana
- Defenses in Indiana law
In small claims, all defenses are automatically at issue without a written answer (S.C. 4(A)). Indiana's time limit to sue is 6 years for written contracts to pay money and for accounts. Before entering a default, the judge must be satisfied that you were likely served, that you are not in the military (or the plaintiff filed the military affidavit), and that the plaintiff has a prima facie case (S.C. 10(B)).
Law: IC 34-11-2-9, 34-11-2-7
- Debt buyer lawsuits
- In small claims, a claim on a written contract must attach the contract, and a claim on an account must attach an Affidavit of Debt. If the plaintiff is not the original creditor and the debt is a consumer debt, the Affidavit of Debt must attach: (1) a copy of the contract or other writing with your signature (or, for a credit card with no signed writing, documents created when the debt was incurred or the card was used); (2) a list of all prior owners of the debt with transfer dates, starting with the original creditor; and (3) a certified or authenticated copy of the bill of sale that transferred the debt to the plaintiff. Debt buyer lawsuits in Indiana: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Indiana
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not appear on the trial date, the court may enter a default judgment after checking service and that the plaintiff has a basic (prima facie) case. Court costs are charged to you. The court mails you notice of the judgment.
- How to set it aside (cancel it)
Small claims: file a written request to vacate (set aside) the default judgment within 1 year after it was entered and show good cause; the judge holds a hearing and, if granted, sets a new trial. After 1 year, relief is only through Trial Rule 60(B). Under T.R. 60(B), a motion for mistake, surprise or excusable neglect and similar reasons (1)-(4) must be filed within 1 year and must allege a meritorious defense; other reasons (such as a void judgment) within a reasonable time.
Law: Ind. Small Claims Rule 10(C); Ind. Trial Rule 60(B)
Count your deadline to set aside a default
If there is a judgment in Indiana
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
The rate in the contract you were sued on, but no more than 8% a year; or 8% a year if there was no contract. Interest runs from the date of judgment until paid.
- How long it lasts
A judgment is considered satisfied after 20 years. It is a lien on real estate in the county where it is entered for 10 years.
Law: IC 24-4.6-1-101; IC 34-11-2-12; IC 34-55-9-2
Garnishment, bank levy and exemptions in Indiana
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
No more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less; you can ask the court to lower it to between 10% and 25% for good cause.
Law: IC 37-2-6-4
- Bank levy (freezing and taking money in your bank account)
The creditor files proceedings supplemental, naming your bank as garnishee; the court orders you and the bank to appear or answer questions at least 20 days after service. $450 of intangible property, including bank accounts and cash, is exempt.
Law: IC 34-55-10-2(c)(3); 750 IAC 1-1-1(c)
- How to claim an exemption
Wage limits are applied automatically. For other exemptions (for example the $450 for bank accounts, Social Security or other protected benefits), tell the court in writing that you claim the specific exemption, ideally before or at the proceedings supplemental hearing. Courts use a Notice of Exemption Rights form that lists common exemptions. No fixed filing deadline is set by rule, so do it as early as possible.
- Exemption form
- https://www.in.gov/courts/files/small-claims-manual.pdf
Law: Ind. Trial Rule 69(E); IC 34-55-10-2; Indiana Small Claims Manual, Notice of Exemption Rights
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Indiana
Count your deadline to claim an exemption
Free help in Indiana
- Indiana Legal Help (free legal information and aid)
- Indiana Free Legal Answers
- Indiana Attorney General – File a Complaint
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Indiana
- In Indiana small claims, not filing an appearance is not a reason for default; only missing the trial date is (S.C. 4(B), 10(B)).
- Judgment interest is capped at 8% a year even if your contract charged more before judgment (IC 24-4.6-1-101).
- Small claims courts disapprove settlements that would make you give up exempt property or income unless you knew your exemption rights (Indiana Small Claims Manual).
Changes in 2024–2026
Indiana Trial Rule 6 was amended effective July 1, 2026. The 20-day deadline to respond to a complaint is now in T.R. 6(D)(1), and T.R. 6(B) allows one automatic 30-day extension if you file a notice on or before the original due date.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Indiana
How long do I have to answer a debt lawsuit in Indiana?
Small claims: you do not have to file a written answer. All your defenses are kept for trial; go to court on the date in the Notice of Claim. If you want a jury trial, you must ask no later than 10 days after you are served. Circuit or superior court (plenary docket): 20 days after you are served; add 3 days if the papers were served by mail. You can get one automatic 30-day extension by filing a notice with the court on or before the original due date.
How do I answer a debt lawsuit in Indiana?
Small claims: appear at the trial on the date in the notice. The court may ask you to enter an appearance first (in person, by phone or by mail), but not doing so is not a reason for a default. Bring all your documents. Plenary docket: file a written answer with the clerk (e-filing is available) and send a copy to the plaintiff's lawyer.
Does it cost money to answer in Indiana?
No written answer or answer fee is required in small claims. A jury trial request costs $70.
What if I can't afford the court fees in Indiana?
Ask the court to let you proceed without paying costs (indigency / fee waiver request); the clerk can give you the local form.
What happens if I don't answer in Indiana?
If you do not appear on the trial date, the court may enter a default judgment after checking service and that the plaintiff has a basic (prima facie) case. Court costs are charged to you. The court mails you notice of the judgment.
Can I cancel a default judgment in Indiana?
Small claims: file a written request to vacate (set aside) the default judgment within 1 year after it was entered and show good cause; the judge holds a hearing and, if granted, sets a new trial. After 1 year, relief is only through Trial Rule 60(B). Under T.R. 60(B), a motion for mistake, surprise or excusable neglect and similar reasons (1)-(4) must be filed within 1 year and must allege a meritorious defense; other reasons (such as a void judgment) within a reasonable time.
How much interest does a judgment add in Indiana?
The rate in the contract you were sued on, but no more than 8% a year; or 8% a year if there was no contract. Interest runs from the date of judgment until paid.
How long does a judgment last in Indiana?
A judgment is considered satisfied after 20 years. It is a lien on real estate in the county where it is entered for 10 years.
Can my wages be garnished in Indiana?
No more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less; you can ask the court to lower it to between 10% and 25% for good cause.
Can a creditor take money from my bank account in Indiana?
The creditor files proceedings supplemental, naming your bank as garnishee; the court orders you and the bank to appear or answer questions at least 20 days after service. $450 of intangible property, including bank accounts and cash, is exempt.
How do I claim an exemption in Indiana?
Wage limits are applied automatically. For other exemptions (for example the $450 for bank accounts, Social Security or other protected benefits), tell the court in writing that you claim the specific exemption, ideally before or at the proceedings supplemental hearing. Courts use a Notice of Exemption Rights form that lists common exemptions. No fixed filing deadline is set by rule, so do it as early as possible.
More help on our sister sites
Sources
- Indiana Small Claims Rules
- Indiana Trial Rule 60
- Indiana Trial Rule 69
- Indiana Trial Rule 6
- Indiana Small Claims Manual (updated 12/23/2025)
- Indiana Code Title 33 (IC 33-29-2-4)
- Indiana Code Title 24 (IC 24-4.6-1-101)
- Indiana Code Title 34 (IC 34-11-2-12, 34-55-9-2, 34-55-10-2)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?