Sued by a debt collector in Indiana

In Indiana you usually have about 20 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Indiana's deadline is shorter than in most states, so act fast. 20 days after you are served in circuit or superior court (Ind. Trial Rule 6(D)(1)); add 3 days if the papers were served by U.S. mail (T.R. 6(G)). If you do not answer or do not show up, the court can enter a default judgment. Too old? Indiana allows 6 years to sue on a written contract, and an older debt can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

How long you have to answer in Indiana

Time to answer
20 days after you are served in circuit or superior court (Ind. Trial Rule 6(D)(1)); add 3 days if the papers were served by U.S. mail (T.R. 6(G)). In small claims court you usually just need to go to the hearing on the date in the notice.
Court self-help
Indiana court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Indiana's 20 is shorter than most.

In nearby states

If you don't answer in Indiana

If you do not answer or do not show up, the court can enter a default judgment. The collector can then garnish your wages or bank account.

What can be taken if you lose in Indiana

  • Wage limit: Same cap as federal law: no more than 25% of your disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
  • Bank account: $450 of intangible property, which includes bank (deposit) accounts and cash.
  • Property: You can protect up to $22,750 in your home, $12,100 in other real estate or personal property, and $450 in cash and bank accounts, plus most retirement accounts and health savings accounts.

Indiana's garnishment rules

Old debts as a defense in Indiana

Indiana's time limit to sue is 6 years (IC 34-11-2-9(b) (6 years: promissory notes and other written contracts to pay money made after Aug. 31, 1982); IC 34-11-2-7 (6 years: accounts and contracts not in writing); IC 34-11-9-1 (acknowledgment must be written and signed)). On whether a payment restarts the clock in Indiana: A promise or acknowledgment only restarts the clock if it is in writing and signed by you (IC 34-11-9-1). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Indiana's statute of limitations

More Indiana rules on collection suits

  • Lawsuits over a bank deposit account (for example, an overdrawn account) must be filed within 2 years (IC 34-11-2-9(c), added in 2024).
  • The garnishment limit (old IC 24-4.5-5-105) is now IC 37-2-6-4 with the same wording, and 'no garnishment before judgment' is IC 37-2-6-3.

Suing a collector who breaks the rules in Indiana

Not under the Indiana act for FDCPA-type violations: its private-lawsuit section excludes them (IC 24-5-0.5-4(a)). You can still sue under the federal FDCPA (actual damages, up to $1,000 extra, and attorney's fees).

Steps after a debt lawsuit in Indiana

  1. Confirm the case with the court

    Look it up with the court yourself, not through a number on the papers.

  2. Count the days

    In Indiana: 20 days after you are served in circuit or superior court (Ind. Trial Rule 6(D)(1)); add 3 days if the papers were served by U.S. mail (T.R. 6(G)).

  3. File a written answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with Indiana court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Indiana's 6 years for written contracts?

  5. Go to every hearing

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in Indiana

Questions about debt lawsuits in Indiana

What is the deadline to respond to a collection lawsuit in Indiana?

20 days after you are served in circuit or superior court (Ind. Trial Rule 6(D)(1)); add 3 days if the papers were served by U.S. mail (T.R. 6(G)). In small claims court you usually just need to go to the hearing on the date in the notice.

What happens if I don't answer a debt lawsuit in Indiana?

If you do not answer or do not show up, the court can enter a default judgment. The collector can then garnish your wages or bank account.

Can I use the statute of limitations as a defense in Indiana?

Indiana's time limit to sue is 6 years (IC 34-11-2-9(b) (6 years: promissory notes and other written contracts to pay money made after Aug. 31, 1982); IC 34-11-2-7 (6 years: accounts and contracts not in writing); IC 34-11-9-1 (acknowledgment must be written and signed)). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Related Indiana pages

Sources

Last checked: Oct 24, 2026.

Federal sources