[COURT NAME] SMALL CLAIMS COMPLAINT
(Indiana Code § 33-28-3 et seq.)
[// GUIDANCE: This template is drafted to comply with Indiana small-claims procedure. Customize all bracketed fields and verify county-specific court requirements (e.g., township vs. superior court).]
I. DOCUMENT HEADER
Caption
IN THE [_] COURT OF [_] COUNTY, INDIANA
SMALL CLAIMS DOCKET
Cause No. ____
Parties
- Plaintiff: [PLAINTIFF LEGAL NAME], an individual/business with principal address at [ADDRESS]
- Defendant: [DEFENDANT LEGAL NAME], an individual/business with principal address at [ADDRESS]
Filing Date: [MM/DD/YYYY]
Jurisdiction & Venue: This matter is brought pursuant to Indiana Code § 33-28-3 et seq. (the “Indiana Small Claims Act”). Venue is proper in this Court because the cause of action arose in, and the Defendant resides or does business in, [COUNTY] County, Indiana.
II. STATEMENT OF CLAIM
-
Monetary Limit Compliance
Plaintiff affirms that the total amount sought does not exceed the statutory jurisdictional limit of $8,000.00, exclusive of allowable interest and court costs, as set forth in Ind. Code § 33-28-3-4. -
Nature of Claim
a. Type: [CHECK ONE]
• ___ Breach of Contract (e.g., unpaid invoice)
• ___ Property Damage
• ___ Security Deposit Return
• ___ Debt on Account
• ___ Other Allowable Claim: [DESCRIBE]
b. Factual Allegations (concise):
i. On or about [DATE], Plaintiff and Defendant entered into [BRIEF DESCRIPTION OF AGREEMENT/TRANSACTION].
ii. Defendant failed to [PERFORMANCE FAILURE] despite due demand.
iii. As a direct result, Plaintiff has suffered damages in the principal amount of $[AMOUNT]. -
Demand for Payment
Plaintiff made written demand for payment on [DATE] (see Exhibit A), but Defendant failed or refused to pay. -
Damages Calculation
Principal Damages: $[__]
Pre-Judgment Interest (if applicable): $[__]
Contractual/Statutory Attorney Fees (if applicable): $[_]
Total (does not exceed $8,000): $[_]
Indiana allows pre-judgment interest on liquidated claims at the statutory rate.
**Attach contract or statute authorizing fees (e.g., Ind. Code § 34-54-1-2).
III. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant for the total sum of $[_], plus:
1. Pre-judgment interest as allowed by law;
2. Post-judgment interest at the statutory rate until paid;
3. Contractual or statutory attorney fees (if proven and allowable); and
4. Court costs and such other relief as the Court deems just and proper.
IV. NOTICE OF DEFENDANT’S RIGHTS (Required by Small Claims Rule 8)
- You may appear with or without an attorney.
- You have the right to a continuance for good cause shown.
- If judgment is entered against you, you may appeal to the Indiana Court of Appeals or, where applicable, to the superior/circuit court for trial de novo within thirty (30) days of the judgment (Ind. Small Claims Rule 11(A)).
- The Court may order periodic payments if you are unable to pay the judgment in full.
[// GUIDANCE: Some counties append a separate “Small Claims Manual.” Attach if required.]
V. VERIFICATION
I, [PLAINTIFF NAME], affirm under the penalties of perjury that the foregoing representations are true and correct to the best of my knowledge and belief.
Date: [MM/DD/YYYY]
[PLAINTIFF NAME]
Plaintiff / Authorized Representative
VI. CERTIFICATE OF SERVICE
I certify that on [MM/DD/YYYY] I served a true and correct copy of this Complaint and all attachments on the Defendant at the address stated above by:
☐ Certified U.S. Mail, return receipt requested
☐ Sheriff / Process Server
☐ Other method permitted by Ind. Trial Rule 4.1 – 4.16: [DESCRIBE]
[NAME]
VII. EXHIBIT LIST
- Exhibit A – Written Demand/Invoice dated [DATE]
- Exhibit B – Contract / Agreement (if applicable)
- Exhibit C – Damage Calculation Spreadsheet (if applicable)
[// GUIDANCE:
• File original + required copies (court + each Defendant).
• Pay filing fee per local schedule; request service via Clerk/Sheriff.
• Confirm county-specific appearance form requirements (many Indiana counties require a separate “Notice of Small Claim” form).]