Cal. Civ. Code § 33-31-2-3
Small claims docket; jurisdiction
Operative Text
Sec. 3. 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.
Under 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, the small claims docket in Indiana has authority to hear civil disputes where the amount or property value at stake does not exceed $10,000, landlord-tenant possession cases where unpaid rent at the time of 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 excess amount to bring the case within small claims jurisdiction. This provision defines the outer boundaries of what the small claims docket can adjudicate, keeping it focused on lower-dollar and straightforward possessory disputes.
Plain English — not legal advice.
Under the citations listed 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, property owners and managers who need to pursue a possessory action or recover unpaid rent generally assess whether the amount owed at the time of filing falls within the $10,000 small claims threshold before choosing a court. Operators pursuing emergency possession actions under IC 32-31-6 may also use the small claims docket regardless of the dollar amount involved. Landlords with claims exceeding $10,000 should be aware that filing in small claims requires waiving any amount above that threshold, which affects the total recovery available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
This provision, found at 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, establishes that tenants facing eviction or rent-related civil claims may find those cases heard in small claims court when the amounts involved fall within the $10,000 limit or when the action is an emergency possession proceeding under IC 32-31-6. Tenants who receive a small claims notice have the right to appear, respond, and raise any applicable defenses or counterclaims within that forum. Those seeking to understand their options in a small claims proceeding may benefit from consulting a tenant-rights organization or legal aid provider familiar with Indiana housing law.
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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