Indiana · Unpaid invoice

Unpaid invoice in Indiana small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

In Indiana, small-claims cases are heard in the Small Claims docket of the Circuit or Superior Court and you can sue for up to $10,000.

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

Filing your Notice of Claim (a "small claims complaint"); if suing on an account, a Notice of Claim plus an Affidavit of Debt in Indiana

  1. Confirm jurisdiction, venue, and that the claim is timely. Before filing, the manual directs you to confirm the small claims court has authority (jurisdiction) to hear the case, that the county is the proper venue, who the parties are, and that the statute of limitations has not expired. Proper venue is the county where the transaction occurred, the obligation/debt was incurred, the obligation is to be performed, the defendant resides, or the defendant works at the time of filing. (Indiana Small Claims Manual 2026, pp. 11-12.)
  2. Fill out the Notice of Claim form. "You must fill out several copies of a Notice of Claim form by briefly and clearly stating in writing the nature and amount of your claim against the Defendant... Notice of Claim forms are available from the clerk's office without charge." (Indiana Small Claims Manual 2026, p. 15.)
  3. Attach supporting documents (contract or Affidavit of Debt). "If your suit is based upon a written contract, you must provide to the clerk of the court one (1) copy of the contract for the court records and one (1) copy for each Defendant." "If suing on an account, you must file with the Notice of Claim an Affidavit of Debt." (Indiana Small Claims Manual 2026, p. 15.)
  4. Give the clerk the defendant's correct name and address. "You must give the clerk the correct name, address and telephone number of the Defendant. Be sure the named Defendant is the real party in interest." (Indiana Small Claims Manual 2026, p. 15.)
  5. Pay the filing/service cost and have the defendant served. "You must pay the cost of filing the suit regardless of whether you choose to have the Notice of Claim delivered by certified mail, or to have the sheriff deliver it to the Defendant. If you win your suit, the Defendant will be ordered to repay this money to you. You will not be repaid if you lose." (Indiana Small Claims Manual 2026, p. 15.)

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

Written contract for payment of money: 6 years (Ind. Code § 34-11-2-9)

Answering a lawsuit: No written answer is required. The Notice of Claim sets a place, date, and time when the defendant must appear; the defendant responds by appearing on that date. If the defendant fails to appear after proper service, the plaintiff may seek a default judgment.

Serving the defendant: After filing, the Notice of Claim must be served on each defendant (by certified mail or by the sheriff) at least ten (10) days before the date the parties are to appear in court. If the defendant cannot be located within that time, the plaintiff may dismiss or request a continuance and serve an "Alias Notice of Claim." Service must comply with Indiana Rules of Trial Procedure (Rule 4).

Appeals: Either party who is dissatisfied with the judgment may appeal to the Indiana Court of Appeals, but the appealing party must take the required action within thirty (30) days of the Small Claims Court judgment. Because appeal procedures are technical, the manual advises consulting legal counsel promptly. (This is distinct from vacating a default judgment, which must be requested within one year.)

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Indiana Judicial Branch - Small Claims Manual (information page). Last reviewed 2026-06-23.