To understand how to sue someone for $10,000 or less:Review the "Common Questions" to understand how to bring a small claims case.Decide if your case is a small claims case and whether or not you should get help from an attorney.Complete and file the forms in "Forms/Letters" to file your lawsuit.Have the necessary paperwork served on the person you are suing, asking him or her to appear in court on the return date. Go to court on the return date and appear before the judge.If a hearing date is scheduled, go to court on the hearing date and present your case.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> What is a small claims case?If the lawsuit you want to file is for money only, and in an amount of $10,000 or less, then your case is known as a "small claims" case.If you are the person suing another person, corporation or organization, then you are known as the "plaintiff." The person you sue is the "defendant." Generally, a plaintiff files a lawsuit against a defendant when the plaintiff believes that the defendant owes him money. ]]>What can I ask for in a small claims case?In a small claims case, the court can order a judgment for money only. It cannot order a person or business to perform a service or to stop a certain action or to return property. ]]>Is filing a small claims case hard?It depends on what kind of case you have. Filing a small claims case is less complicated than it is for other types of cases for more money. However, even though some of the procedures are simpler, the rules of law and evidence that apply to other lawsuits still apply to small claims cases. You will be expected to follow the rules just like lawyers do. If you're suing for less than $1500 you may be able to use the Pro Se Court. See Question 4. ]]>I've heard about Pro Se Court, what's that?In Cook County, if the amount you want to sue for is $1500 or less, you can use the Pro Se Court section of the Civil Division. This Court hears disputes between parties where each person is representing themselves in court without a lawyer. You can learn more about Cook County's Pro Se Court in the "Related Articles" section. ]]>Do I need an attorney?Not necessarily. You can represent yourself in court and this is called handling your case "pro se." The court will expect you to follow the same rules and procedures as an attorney. If you file your case pro se, do not assume that the defendant(s) will not be represented by an attorney. Also, your small claims case may be too complex for you to handle, in which case, you should try to find an attorney.Corporations and people under 18, who are suing someone, must be represented by a licensed attorney in Illinois. Search the "Helpful Organizations" section below to find free legal help in Illinois.]]>What types of cases are considered small claims cases?Some examples of small claims cases are: Someone injures you or damages something you own and refuses to give you money for your expenses to replace or repair it; Your landlord will not return your security deposit even though you left the apartment in good condition; Your tenant broke his or her lease or leaves the apartment in need of repair; Someone owes you money but refuses to pay you.Some of the most common small claims cases include disagreements about home improvement or car repair costs, complaints against moving and storage companies and landlord/tenant disputes involving money owed.]]>Who can sue or be sued in a small claims case?As long as the case involves $10,000 or less, any person, corporation or organization can either file a small claims case or have one filed against them. If you are the plaintiff, you must determine who to sue in your lawsuit. If you want to sue a person or persons, then it is not hard to identify the defendant(s). If you want to sue a business, you should collect certain information about the business in order to list the correct defendants. If you want to sue a corporation, then you must be able to provide the name and address of an officer of the corporation or its registered agent. To learn if a business is a corporation and to find out its legal name, consult the Certified List of Domestic and Foreign Corporations through a call to the Illinois Secretary of State's Incorporation Division at (217) 782-6961. Corporations usually must be represented by an attorney, but they are able to defend small claims proceedings through any person responsible for the affairs of the corporation if the amount claimed does not exceed $1,500.For more information about naming the defendant correctly, see "Naming a Defendant in a Lawsuit" in "Related Articles."]]>Do I have a case?An important question to ask is whether you have a legal basis for your case and whether you have suffered any damage because of the other person's actions. You must be able to prove your case. No matter how upset you are about what happened, without proof of money damages you will not be able to receive compensation. ]]>What should I consider before I file a small claims case?A few things to consider before filing a case are:Can you prove your case?Are you willing to go to court muliple times if necessary?Do you have the money to file a case?If you win, will the person you sued pay voluntarily?If you win, can the person you sued afford to pay?Are you willing to go to court after you win your case to enforce the judgment? ]]>How much will this cost me?In Illinois, your filing fees in a small claims case depends on the amount for which you are suing. The filing fees generally do not exceed $150. You must pay this fee to the Office of the Circuit Clerk when filing. Usually, the winner can include court costs as part of the judgment total. ]]>What can I do if I cannot afford the filing fees? If you have low income and cannot afford to pay the filing fees, you may ask a judge to waive or excuse you from paying filing fees.You will need to fill out an "Application and Order to Sue or Defend as an Indigent Person" and file it with your case to start this process. After you have completed the form, a judge will decide whether to allow you to waive the fees. If the judge waives the filing fees, the sheriff's fee for serving process will also be waived. You will need to present the sheriff's office with a copy of the fee waiver order from the judge. For more information about how to waive filing fees, see "How to Waive Court Costs in Illinois" in "Related Articles."]]>How do I start a small claims case?Fill out a small claims complaint and summons form from the county in which you are filing your small claims case. The complaint describes your claim against the defendant. You need to include detailed information about your complaint: what is the disagreement about, when and where did it take place, how much money do you want the other person to pay and why. The summons is a separate paper that tells the defendant(s) a lawsuit has been filed against them. It also tells the defendant how and where they need to respond to your lawsuit.You must file the complaint and summons with the court clerk at the county court in which you are filing your small claims case. The clerk will assign a number to your case. Make sure to write it down. Remember to notify the clerk and the opposing party of any changes in your address or phone number.For forms, fee schedules and filing information to start your small claims case, see the "Forms/Letters" section. ]]>Where do I go to file my case? You must file your case in the county court where: The incident on which you base your claim took place or The defendant or defendant's business is locatedTo find the location of a county's court visit Illinois Circuit Clerks by County.]]>Can I have a jury in a small claims case?Yes. You have the right to a jury trial in a small claims case. You must request a jury when you first file your complaint. If you do not request a jury when you first file, you will not be allowed to request a jury later.Jury trials are much more complex, involve additional, non-refundable fees and take much more time. It is recommended that you consult an attorney if you would like a jury trial. Jury trials require knowledge of trial procedure, rules of evidence, and preparation of jury instructions. For more information about requesting a jury, see "How Do I Request a Jury"? in "Related Articles."]]>I filed my case, when do I get to go to court?When you file your case, you will be given a date to return to court. This date is called the "return date." On the return date, you must appear in court. The defendant will be given an opportunity to admit or deny your allegations.]]>How do I tell the other side about the lawsuit?When you file your case, you need to inform the defendents that you filed a lawsuit and when they need to come to court. This is called "service of process." You will need to follow certain rules for service to be proper. Service is proper if a summons and complaint are served in one of the following ways:By the sheriff of your county By a licensed process server By certified mail through the Clerk's office A sheriff or licensed process server can properly serve a person in the following ways:By giving the summons along with the complaint or petition to the other party personally at their home or at another location or By giving it to someone who lives with the other party who is at least 13 years oldBe sure to take your proof of service with you to prove that the defendant was properly served. You will need this if the defendant does not show up in court on the return date. Proof of proper service can be the signature of the sheriff on the back of the summons, an affidavit of the sheriff or a licensed process server or the return receipt from certified mail.]]>What can I expect when I get to court on the return date?On your return date, the defendant in the case must file an appearance in court. Two days after that return date, you can schedule a hearing with the county clerk's office.]]>What can I expect when I get to court on the hearing date?The judge will ask the defendant if he admits or denies the allegations in the complaint.If the defendant denies the allegations, then a trial will be scheduled. If the defendant admits the allegations, a judgment will be entered against him. If the defendant does not appear in court, a default judgment is usually entered. As the plaintiff, you must prove that you properly served the summons on the defendant for this to happen. Be sure to take proof of proper service with you to court. Proof of proper service can be the signature of the sheriff on the back of the summons, an affidavit of the sheriff or a licensed process server or the return receipt from certified mail.]]>What can I do if I am unable to attend court on the return date or the hearing date?If you have a very good reason for not being able to attend court on the return date or the hearing date assigned to your case, then you may request a continuance by filing a written motion and order for continuance with the Circuit Clerk before the trial. The motion for continuance must be filed early enough in advance to allow the judge adequate time to hear and make a ruling on the motion.]]>What happens if I miss my return date or hearing date?If you do not appear in court on the return date or hearing date and the defendant does appear, then your small claims case will be dismissed.If neither you nor the defendant appear in court on the return date or hearing date, then a new date will be assigned and mailed to you. This gives you another chance to appear at a later date. However, if you do not appear the second time, the judge will usually dismiss the case. You may then re-file the case, but you will be required to pay the filing fees again.]]>What happens at the trial?If it is a bench trial (no jury trial was requested), you will need to prove to the judge why you should win. You may bring papers or ask witnesses to testify in order to prove your case.The judge may ask you questions. The judge will also listen to the other side and what they have to say. After the hearing, the judge will either dismiss the case or award you a judgment for the money. If it is a jury trial, the jury will deliberate and give their verdict to the judge. Based on the jury's conclusion, the judge will either dismiss the case or award you a judgment for money.]]>Can I bring any witnesses with me to court to support my case?Yes. You may bring witnesses with direct knowledge of the facts in your case or expert witnesses (a mechanic, for example) with you to court.If you need help getting a witness to appear at court, then get a subpoena from the clerk's office, or use one provided in the "Forms/Letters" section.Fill out the form and have the clerk's office issue it for that witness. You must also give the witness a witness fee, plus a certain amount per mile for the mileage the witness must travel to and from the courthouse. You or any other adult may deliver the subpoena and witness fee to the witness, or you may ask the sheriff's office to deliver them.]]>What happens if I win my lawsuit?If you prove to the judge or jury that the defendant owes you the money, the court will give you a judgment in the amount of money plus the court costs. Interest on the amount of the judgment will begin to accrue and be owing from the date of the judgment. However, this does not mean that you will walk away from the courthouse with money. If you win your small claims case, you must next enforce the judgment against the defendant.For information on how to collect a judgment against someone in Cook County, go to "A Guide to Collection of Judgment in Cook County at the Daley Center."]]>If I lose my case, can I appeal the decision?Yes. You have the option of appealing your case to the appellate court. You must file an appeal within 30 days of the entry of the judgment. Appeals are complicated and require additional fees. You should consult with an attorney before appealing your case. Search the "Helpful Organizations" section below to find free legal help.]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]> 5522index.cfm?fuseaction=home.dsp_content&contentID=5522Small Claims ComplaintUse this Complaint if you are suing for $10,000 or less in Chicago or suburban Cook County. This is where you tell the Court the basic facts of why you are suing the defendent. 5524index.cfm?fuseaction=home.dsp_content&contentID=5524Small Claims SummonsUse this Summons to inform the other party that you have started a small claims case against them. This form is for cases in Chicago or suburban Cook County.5525index.cfm?fuseaction=home.dsp_content&contentID=5525Small Claims Appearance and Jury DemandUse this to file your Appearance and make a Jury Demand if your case is in Chicago or suburban Cook County.5526index.cfm?fuseaction=home.dsp_content&contentID=5526Small Claims MotionUse this Motion form if your case in is in Chicago or suburban Cook County. For example, you may use this form if requesting a continuance of your court date.5527index.cfm?fuseaction=home.dsp_content&contentID=5527Small Claims Notice of MotionThis form goes along with the Small Claims Motion. Use this form to tell the other side you have filed a motion in your case. 5528index.cfm?fuseaction=home.dsp_content&contentID=5528Small Claims OrderThe Court will use this form in deciding your case. You should complete the top part and bring it with you. This Order is for cases in Chicago or suburban Cook County. 6632index.cfm?fuseaction=home.dsp_content&contentID=6632DeKalb County Small Claims Complaint FormUse this form to sue someone for $10,000 or less6634index.cfm?fuseaction=home.dsp_content&contentID=6634DeKalb County Small Claims Summons FormFile this form with your Small Claims complaint in DeKalb County6633index.cfm?fuseaction=home.dsp_content&contentID=6633DeKalb County Small Claims BookletUse this booklet to learn more about small claims court in DeKalb County5168index.cfm?fuseaction=home.dsp_content&contentID=5168New Case Information SheetUse this form in your lawsuit for $10,000 or less for use in Kane County5169index.cfm?fuseaction=home.dsp_content&contentID=5169Small Claims ComplaintUse this Complaint in your lawsuit for $10,000 or less for use in Kane County5170index.cfm?fuseaction=home.dsp_content&contentID=5170SummonsUse this Summons if you are suing someone for $10,000 or less in Kane County5171index.cfm?fuseaction=home.dsp_content&contentID=5171Motion and Order in Special ProcessUse this Motion to ask the court to assign a special process server for use in Kane County5165index.cfm?fuseaction=home.dsp_content&contentID=5165Subpoena for Witness and DocumentsUse this Subpoena to order a person to appear as a witness and bring evidence related to your trial in Kane County4713index.cfm?fuseaction=home.dsp_content&contentID=4713Small Claims Documents for Plaintiffs in Lake County5678index.cfm?fuseaction=home.dsp_content&contentID=5678Forms for Filing a Small Claims Case with InstructionsUse these forms to file a small claims lawsuit for $10,000 or less in Madison County6486index.cfm?fuseaction=home.dsp_content&contentID=6486McHenry County Small Claims ManualUse this manual as a guide when filing or responding to a Small Claims case in McHenry County6485index.cfm?fuseaction=home.dsp_content&contentID=6485McHenry County Small Claims ComplaintUse this complaint to start a small claims lawsuit in McHenry County6487index.cfm?fuseaction=home.dsp_content&contentID=6487McHenry County Small Claims SummonsUse this Summons to inform the other party that you have started a small claims case against them in McHenry County.6488index.cfm?fuseaction=home.dsp_content&contentID=6488McHenry County Small Claims OrderThe McHenry County Court will use this form in deciding your case. You should complete the top part and bring it with you. 6497index.cfm?fuseaction=home.dsp_content&contentID=6497McLean County Guide to Small ClaimsUse this guide to assist you with your small claims case in McLean County6498index.cfm?fuseaction=home.dsp_content&contentID=6498McLean County Small Claims ComplaintUse this form to file a small claims lawsuit against someone in McLean County6499index.cfm?fuseaction=home.dsp_content&contentID=6499McLean County Small Claims PraecipeUse this form when filing a small claims complaint in McLean County 5529index.cfm?fuseaction=home.dsp_content&contentID=5529Small Claims ComplaintUse this Complaint to start a small claims lawsuit against someone in Illinois (outside of Cook County). 5530index.cfm?fuseaction=home.dsp_content&contentID=5530Small Claims JudgmentThe Court will use this form in deciding your case. You should fill out the top part and bring it to court with yout. Use this form for small claim cases in Illinois (outside of Cook County). 5531index.cfm?fuseaction=home.dsp_content&contentID=5531Certificate of Mailing of Small Claims JudgmentUse this Certificate when mailing a copy of the Court's Order to the other side. Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own