The average cost of an eviction in Indiana for all filing, court, and service fees is $328. However, the cost can vary heavily on the service and eviction execution fees. Eviction lawsuits are filed in Small Claims Court in either Circuit Court or Superior Court.
| Fee | Small Claims Circuit/Superior |
| Initial Court Filing | $87+ |
| Summons Service | ~$28 |
| Writ of Eviction Service | $28 |
| Writ of Eviction Execution | ~$185+ |
| Notice of Appeal (Optional) | $250 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Indiana, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Eviction Action”) with the court the following business day.
The Small Claims Court filing fee is $97 (which also includes the Summons service fee). If the landlord chooses to use the Indiana electronic filing system, the initial filing fee is $87 (which does not include the Summons service fee).
If the eviction is held in Marion County, the filing fees are different from the rest of the state. The filing fee is $104.
2. Summons Service Fee
Once a Complaint is filed, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
If the landlord does not file the lawsuit electronically, the Summons service fee is included in the initial filing fee. If the landlord files the lawsuit electronically, the Summons service fee is not included. The landlord will need to pay $28 for a sheriff’s Summons service.
In Marion County, the landlord may choose the Summons service to be sent via certified mail or by personal service and the service fee is included in the initial filing fee.
3. Writ of Eviction Service Fee
In Indiana, if the court rules in favor of the landlord, the court shall issue a Writ of Execution. The writ is the tenant’s final notice to vacate the premises.
The sheriff can charge $28 [ttip number=’1′ icon=’popover-balance’] to serve the writ to the tenant.
4. Writ of Eviction Execution Fee
If a tenant remains at the property after the notice period expires on the writ in Indiana, a sheriff may charge a fee to execute the writ. The fee varies by county, for example, in Lake County the enforcement fee is $185.
5. Notice of Appeal Fee
If either party chooses to file an Appeal in Indiana, they may do so as long as the Notice of Appeal is filed within 30 calendar days of the judgment. The filing fee is $250.[ttip number=’2′ icon=’popover-balance’]
Sources
- 1 IN Code § 33-37-5-15 (2021)
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However, a clerk of the county that maintains jurisdiction over the case shall collect an additional service of process fee of twenty-eight dollars ($28) per case for any postjudgment service.
- 2 Ind. R. App. P. 9 (2021)
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(E) The appellant shall pay to the Clerk the filing fee of $250.