Small Claims Complaint
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[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

  1. 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.

  2. 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].

  3. Demand for Payment
    Plaintiff made written demand for payment on [DATE] (see Exhibit A), but Defendant failed or refused to pay.

  4. 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)

  1. You may appear with or without an attorney.
  2. You have the right to a continuance for good cause shown.
  3. 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)).
  4. 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

  1. Exhibit A – Written Demand/Invoice dated [DATE]
  2. Exhibit B – Contract / Agreement (if applicable)
  3. 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).]

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