Cal. Civ. Code § 33-34-3-1

Venue in township small claims court within county

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/13/2026IndianaEviction & Just Cause

Operative Text

Cal. Civ. Code § 33-34-3-1
Sec. 1. (a) Except for a claim between landlord and
tenant, a case within the jurisdiction of a small claims court may be:

(1) venued;

(2) commenced; and

(3) decided;

in any township small claims court within the county. However, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court shall
determine in accordance with subsection (b) whether required venue
lies with the court or with another small claims court in the county in
which the small claims court action was filed.

(b) The venue determination to be made under subsection (a) must
be made in the following order:

(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.

(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.

(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a defendant:

(A) resides;

(B) owns real estate; or

(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.

(4) Venue is in the township where the claim was filed if there is
no other township in the county in which the small claims court
sits in which required venue lies.

(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.

(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township of filing.
Source: Legislative text reproduced verbatim
Plain English

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 establish where small claims cases may be filed and heard within a county. For most disputes, a case can be started in any township small claims court in the county, but a defendant may challenge that choice within ten days of being served. Landlord-tenant disputes are treated differently: those cases must be filed in the township where the rental property is physically located, with no flexibility to choose another township court.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under 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, landlords who bring small claims actions against tenants—or who are named as defendants—generally find that the proper court is the township small claims court for the township where the rental property sits. Compliant operators typically confirm the property's township location before filing any claim to avoid having a case transferred or dismissed on venue grounds. Keeping accurate records of the property's address and township designation supports smooth court filings.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

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 give tenants a meaningful procedural protection: any small claims case involving a landlord-tenant dispute must be heard in the township where the rental property is located, not wherever a landlord might prefer to file. If a case is filed in the wrong township, a tenant may raise a written motion challenging venue, and the court is required to rule on whether the filing location is proper. Tenants who believe a case has been filed in an improper township may wish to consult a tenant-rights organization or legal aid provider to understand how to raise that challenge.

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.

Effective Timeline

Current
Oct 13, 2026
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Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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