Sued by a debt buyer in Indiana

The extra rules for debt buyer suits, and how to use them in your answer.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. 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.

Time limit to sue (written contract)
6 years
Time to answer
20 days

What a debt buyer must show in Indiana

  • 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.
  • A debt buyer must appear through a lawyer.

Defenses you can raise in Indiana

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

Time limits and debt buyers in Indiana

Indiana allows 6 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.

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)

More on old debts at Debt Collector Map

In nearby states

Steps against a debt buyer suit in Indiana

  1. Check who is suing

    A company you never dealt with may have bought the debt. Its name is on the summons.

  2. Request the documents

    Use a documents request letter to see what they can prove.

  3. File your answer

    Indiana's deadline: 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.

  4. Use the rules

    Point out any missing proof of ownership or amount.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Where to get free help in Indiana

Questions about debt buyer suits in Indiana

What must a debt buyer prove in Indiana?

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. A debt buyer must appear through a lawyer.

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.

Can a debt buyer sue on an old debt in Indiana?

Indiana allows 6 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.

Related Indiana pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources