Where to File Your Claim (Location/Venue)

Small Claims Rules state that the right place to file a small claims suit is the county:

• where the transaction or occurrence actually took place; or

• where the obligation or debt was incurred; or

• where the obligation is to be performed; or

• where the Defendant resides; or

• where the Defendant has his or her place of employment at the time the claim or suit is filed.

The county in which the suit must meet one of the above requirements in order to be the proper county of venue. If several counties qualify under the requirements, then the Plaintiff can file suit in any of the qualifying counties.

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What to Do Before You File Your Claim

Before you fill out the forms to file your claim answer these questions:

1. Does the Small Claims Court have the authority (jurisdiction) to hear your case?

2. Is this county the proper location (venue) for filing your claim?

3. Who are the parties to the action?

4. Is it too late under the Statute of Limitations to file your claim?

Only if the answers to Questions 1 and 2 are both "yes" and the answer to 4 is "no" may you file a small claims action in this county.

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Information Needed to File

• Names, addresses, and phone numbers of all parties

• Reason for the lawsuit

• $104.00 Filing Fee

• Checks and Money Orders should be made payable to Wayne Township Small Claims Court.

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What You Can and Cannot Sue For in Small Claims Court

There are many times when you may sue in Small Claims Court. The following list contains some examples:

• Personal injury, Ten Thousand Dollars ($10,000.00) or less.

• Damage to personal property or real estate, Ten Thousand Dollars ($10,000.00) or less.

• Landlord and tenant disputes, if the rent due at the time of the filing is Ten Thousand Dollars ($10,000.00) or less.

• Money owed (bad checks, wages, services rendered, accounts receivable), Ten Thousand Dollars ($10,000.00) or less.

• Return of wrongfully taken property and return of money paid for faulty work, Ten Thousand Dollars ($10,000.00) or less.

• Emergency possessory actions between a landlord and tenant under I.C. 32-31-6.

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E-Filing

We are now accepting E-Filings, which will have a quicker turnaround.

If you have questions on how to access this, you can visit: www.courts.in.gov/efile

If you need the correct form for E-Filing, please contact our court.

we look forward to seeing your filings online soon!

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Downloadable Forms

The following forms can be downloaded, completed, and printed before arriving at the Township's court office.

Notice of Claims Summons (download)

Notice of Claim for Possession of Real Estate and Summons (download)

Complaint for the Unlawful Detention of Chattel (download)

Petition to Seal Eviction Records (download)

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Online Payments

We are now accepting online payments. Read all of the following before proceeding to make a payment.

• You must provide your full 17-digit case number that begins with 49K08.

• If you do not have this, go to mycase.in.gov and look up your first and last name to find it.

• If your case number is not proper, the payment WILL NOT be applied to your case

• Payments can only be applied to Wayne Township Cases

• Payments can only be applied to the case number entered on the payment screen.

• Payments will reflect on your case in 1-3 business days

Payments can be made here: https://otc.cdc.nicusa.com/Public2.aspx?portal=logo&organization=Wayne%20Township%20Small%20Claims%20Courts

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Additional Resources

What all landlords and tenants should know

Free legal advice

Homeless assistance 

Preparing for your day in Small Claims Court

Preparing for trial

Collecting your money from a Small Claims Court Judgement

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