- Who sends it
- The court clerk issues it; the sheriff serves it or the clerk mails it by certified mail
- What it starts
- 20 days to respond (23 by certified mail) and 30 days to request a settlement conference
- Do this first
- Write down the date you got the papers and request a settlement conference with the court
What these papers are in Indiana
Every Indiana home foreclosure is a lawsuit. The complaint says what the lender wants, including a judgment for the debt and a sale of the home. Under Ind. Code 32-30-10.5-8(c), the first page of the summons must tell you about your right to a settlement conference. The court must also mail you its own notice of that right, with the date by which you must ask, and the court cannot hand that job to the lender.
IHCDA's model summons language says: "If you want a settlement conference, you must request it with the court within 30 days after you received this summons and complaint."
Two deadlines, and how to count them
- Written response: 20 days after service under Indiana Trial Rule 6(D)(1). The model summons says 23 days if you received the papers by certified mail, because Trial Rule 6(G) adds 3 days for mail service.
- Settlement conference request: 30 days after the complaint is served on you (Ind. Code 32-30-10.5-8(c)). The court's own notice gives the exact date.
- Counting under Trial Rule 6(A): do not count the day you were served. If the last day is a weekend, a legal holiday or a day the clerk's office is closed, the deadline moves to the next open day.
- Trial Rule 6(B), effective July 1, 2026, allows one automatic 30-day extension of time to respond to a complaint if you file a notice with the court on or before the original due date, stating the original and new dates.
Why the two deadlines matter
- The model summons warns that the response and the conference request are two separate things.
- If you request a conference within 30 days but do not file a response, the case is stayed while the conference is pending. Indiana law treats your request as your appearance in the case (Ind. Code 32-30-10.5-8.5(c)).
- If you file a response but do not request a conference, the summons says the court may decide you waived your right to one.
- If you do neither, the lender can get a default judgment and foreclose.
- A court cannot enter a foreclosure judgment unless the settlement conference notice was given (Ind. Code 32-30-10.5-9(a)(1)).
What to do this week
- Request a settlement conference: return the request form to the court named on your summons and send a copy to the lender's attorney, call the court, or go in person. Indiana Legal Help has a free Settlement Conference Request Form.
- Apply to Indiana Legal Services online or at 1-844-243-8570 for help with a written response.
- Call the Indiana Foreclosure Prevention Network at 1-877-GET-HOPE to start your loss mitigation package now.
- Keep living in the home and paying property taxes. If you live there, you can stay rent free until the sheriff's sale if you keep paying taxes and special assessments and do not damage the property.
- Read Indiana foreclosure mediation and our national summons and complaint page.
The rest of the Indiana process
See how foreclosure works in Indiana, the timeline, ways to stop it and free help in Indiana, or read the national guide to this letter.
Common questions
How long do I have to answer an Indiana foreclosure summons?
20 days after service under Trial Rule 6(D)(1), or 23 days if you received it by certified mail, as the model summons states. Read your own summons for the exact deadline.
Is asking for a settlement conference the same as answering in Indiana?
No. They are separate. Asking for a conference counts as your appearance and stays judgment while the conference is pending, but the summons warns that responding without asking for a conference may waive your right to one.
What if I missed the 30 days to ask for a settlement conference in Indiana?
The court is then allowed to enter judgment without a conference (Ind. Code 32-30-10.5-9). You can still respond, apply to your servicer and ask the court for help, but talk to legal aid quickly.
Other Indiana letters
- Pre-Suit NoticeBefore an Indiana lender can file a foreclosure lawsuit on your primary residence, it must send you a Pre-Suit Notice by certified mail at least 30 days ahead, on a form set by the state housing agency. It says you are in default and points you to free counseling. It is a warning, not a lawsuit.
- Notice of settlement conferenceAfter you ask for a settlement conference, the court issues a notice ordering you and the lender to meet 40 to 60 days later to try to reach a foreclosure prevention agreement. You must send your loss mitigation package to the lender's attorney and the court 30 days before the conference. Missing it can let the lender get judgment.
- Judgment and decree of foreclosureThe judgment and decree of foreclosure is the court's ruling that the lender can have your home sold by the sheriff. It usually includes a personal judgment against you for the debt. The sale process cannot start until 3 months after the complaint was filed, and you can stop the sale by paying the judgment, interest and costs before it.
- Notice of sheriff's saleThe county sheriff serves you with this notice when the first newspaper ad for the sale runs, at least 30 days before the sale. It gives the date, time, place and street address. You can stop the sale by paying the full judgment, interest and costs before it, but there is no right to buy the home back after.
- Writ of assistanceIn Indiana, the buyer at a sheriff's sale gets a deed right after the sale. If you have not moved, the buyer can apply to the court clerk for a writ of assistance, a court order directing the sheriff to deliver possession. State law does not set a fixed number of days, so act the day you receive it.
Sources
- Indiana Code 2026, Title 32: IC 32-30-10.5-8, 32-30-10.5-8.5, 32-30-10.5-9
- Indiana Rules of Trial Procedure, Rule 6: Time
- IHCDA: Mortgage foreclosure model summons with settlement conference notice (revised 06/2013)
- Indiana Legal Help: Settlement Conference Request Form
- Indiana Legal Services: Apply for Free Legal Help