Cal. Civ. Code § 33-28-3-4
Jurisdiction of small claims docket
Operative Text
Sec. 4. (a) This section applies after June 30, 2021. (b) The small claims docket has jurisdiction over the following: (1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket. (2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000). (3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.
Indiana Code §§ 33-28-3-4, 33-29-2-4, 33-31-2-3, 33-34-3-1, 33-34-3-3, and 33-34-3-4 define the types of cases that Indiana's small claims docket may hear, effective after June 30, 2021. The small claims docket can handle civil money disputes up to $10,000, landlord-tenant possession cases where the rent owed at filing does not exceed $10,000, and emergency possession actions under IC 32-31-6. A party with a claim exceeding $10,000 may voluntarily give up the amount over that threshold in order to use the small claims process.
Plain English — not legal advice.
Under the jurisdiction established by Ind. Code §§ 33-28-3-4, 33-29-2-4, 33-31-2-3, 33-34-3-1, 33-34-3-3, and 33-34-3-4, property owners and managers who need to pursue a possessory action or recover unpaid rent generally file in small claims court when the rent owed at the time of filing does not exceed $10,000. Operators seeking emergency possession may also use the small claims docket under the IC 32-31-6 process. Landlords whose claims exceed the $10,000 threshold typically evaluate whether to waive the excess amount or file in a court with broader jurisdiction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
The jurisdiction rules set out in Ind. Code §§ 33-28-3-4, 33-29-2-4, 33-31-2-3, 33-34-3-1, 33-34-3-3, and 33-34-3-4 mean that many landlord-tenant possession cases and money disputes are heard in small claims court, which is generally designed to be more accessible and less formal than other courts. Tenants who are served with a small claims action—including an emergency possession action under IC 32-31-6—have the right to appear and present a defense, including any counterclaim within the court's dollar limits. Tenants who have questions about how these jurisdictional rules affect their situation may benefit from contacting a local tenant-rights organization or legal aid office for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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