To understand what to do if someone has filed a small claims lawsuit against you for $10,000 or less:Review the Common Questions to understand the basics about small claims cases. Decide how you will respond to the case against you and whether you should get help from an attorney. 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:]]> I am being sued by someone for $10,000 or less.If you are being sued by a person, corporation or organization, then you are known as the "defendant." The person, company or organization suing you is the "plaintiff." Generally, a plaintiff files a lawsuit against a defendant when the plaintiff believes that the defendant owes him money. If the lawsuit filed against you is for money only, and in the amount of $10,000 or less, then the case is known as a "small claims" case.]]>What can happen 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, stop a certain action or to return property. Defending a small claims case is less complicated than it is for other types of cases for more money. But, even though some of the procedures are simpler, the rules of law and evidence that apply to other lawsuits still apply to small claims trials.]]>What types of cases are considered small claims cases? Some examples of small claims cases include:A plaintiff claims you injured her or damaged something she owns and did not give her money for her expenses or replace or repair it; A tenant claims you, as the landlord, refused to return all, or a part of, his security deposit; Your former landlord claims you broke your lease or left the apartment in need of repair; A plaintiff claims you owe her money and have refused to pay her. Some of the most common small claims cases include home improvements, car repairs, complaints against moving and storage companies and landlord/tenant disputes involving money owed.]]>Who can sue you in a small claims case?As long as the plaintiff is suing you for money only, and in the amount of $10,000 or less, any person, business, company or organization can file a small claims case against you. If the plaintiff is a corporation, then it must be represented by an attorney. To learn if a business is a corporation, 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.In Cook County, if the amount for which you are being sued is $1,500 or less, the plaintiff can use the Pro Se Court section of the Civil Division. This court resolves disputes between parties where each party may act as their own attorney. For more information on pro se cases, call the Civil Division for the First Municipal District (Chicago) at (312) 603-5145.]]>How do I know if I'm being sued?A party to a lawsuit must receive notice of the lawsuit by receiving a copy of the complaint and summons. This is called "service of process." Service is proper if a summons is served in one of the following ways:By the sheriff of your county By a licensed process server By certified mailA licensed process server is someone who has a license from the state which gives them the power to serve people with summonses. A sheriff or licensed process server can properly serve you in the following ways: By giving the summons and complaint or petition for relief to you personally at your home or at another location; or By giving it to someone who lives with you who is at least 13 years old.The complaint will tell you why you are being sued and the amount the plaintiff is seeking to collect from you. The summons will tell you where and on what date to go to court. This is called the "return date." You must appear in court on the return date listed on the summons. If you lose the summons, call the Circuit Clerk in the county where the case was filed and ask when your return date is.]]>What if we reach an agreement before going to court?To protect your rights, you should still appear in court on the return date to make sure that your settlement agreement is properly filed with the judge. Remember, the plaintiff is not representing your interests in the lawsuit - only you are. Any agreement between you and the plaintiff settling the claim should be in writing to avoid possible confusion later. When discussing a settlement, your goal is to get something of benefit out of the agreement. ]]>What if we cannot reach an agreement or settlement? As a defendant in a small claims case, you do not have to file a formal answer to the complaint. However, you must come to court on the return date listed on the plaintiff's complaint and tell the judge whether you agree or disagree with the complaint. You have the option of filing a "counterclaim" against the plaintiff. A counterclaim is a lawsuit against the plaintiff if you believe the plaintiff owes you money in connection with the same reason he claims you owe him money. If you believe that you have a valid counterclaim to the complaint against you, you should contact an attorney. ]]>What can I do if I am unable to attend court on the return date?If you have a very good reason for missing court on the return 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 return date. 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. You must also properly notifty the other side of your motion. If the judge may grant or deny your motion. If your motion is denied, you will need to attend court on the originally scheduled return date. ]]>What happens if I miss my return date?If you fail to show up in court on the return date, the judge will probably side with the plaintiff and award the plaintiff the amount claimed in the complaint, plus court costs. As a result, a judgment will be entered against you and you will be required to pay the amount owed. A judgment will negatively impact your credit history. Interest on the judgment amount will also begin to accrue and be owed from the date of the judgment is entered. ]]>What if no one shows up on the court date?If neither you nor the plaintiff appear in court on the return date, then a new date will be assigned. This gives you another chance to appear at a later date. Do not miss your court date. If you fail to show up in court on the second date, the judge will probably award the plaintiff the amount claimed in the complaint, plus court costs. Also, interest on the judgment amount will begin to accrue and be owed from the date of the judgment is entered.]]>Do I need a lawyer? Not necessarily. A person can represent himself as a defendant in a small claims case. This is called handling your case "pro se." There are special rules for corporations and organizations. Persons under 18 must be represented by a licensed attorney in Illinois.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 plaintiff 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. Search the "Helpful Organizations" section below to find free legal help.]]>Can I have a jury in a small claims case?Yes. You have the right to a jury trial in a small claims case. Typically, you must request a jury when you first appear in court. 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. ]]>What can I expect when I get to court on the return date?Dress as if you were going to an important business meeting. Get to court early on your return date. You may be delayed by parking, court security and by locating the correct courtroom.When you arrive, check in with the law clerk in the courtroom. When your case is called, approach the bench. The judge will ask you if you admit or deny the allegations in the plaintiff's complaint. If you deny the allegations in the complaint, then a trial will be scheduled. If you admit the allegations in the complaint, a judgment will be entered against you for the amount asked for by the plaintiff.]]>What happens at the trial?The person who filed the complaint will have the first chance to present his evidence and witnesses to prove his case, after which you and the judge can ask questions about what has been said. Then you will have your chance to present evidence and witnesses. The judge and the plaintiff can question or "cross-examine" the witnesses you bring. The court has the power to limit or prevent questioning or cross-examination if it tends to harass the witnesses or unnecessarily delay the trial.If it is a bench trial (no jury trial was requested), the judge will either dismiss the case or award the plaintiff a judgment for the money plus court costs. Interest on the amount of the judgment will begin to accrue and be owing from the date of the judgment. 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 the plaintiff a judgment for money plus court costs. Interest on the amount of the judgment will begin to accrue and be owed from the date of the judgment.]]>What should I do to prepare for my trial?It is important to be prepared before you go to court on your trial date.Organize the main points you want to make; Re-read the complaint, and be able to explain your side of the story; Organize your documents so you will be able to find them to support a point; Line up witnesses with direct knowledge of the facts or expert witnesses (a mechanic, for example), and know what they will say before you go to court; If you need help getting a witness to appear at court, get a "subpoena" from the clerk's office, fill it out and have the clerk's office issue it for that witness. A subpoena is a court order requiring someone to show up in court and provide evidence in a court case. You complete the subpoena by filling in the name of your case, the name and address of the witness, and the date, time, court address and the courtroom for the case. You must also give the witness a witness fee, plus a small fee 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. For a subpoena form, see Forms/Letters below.]]>What happens if I lose the lawsuit?If you lose, the plaintiff is given a judgment against you ordering you to pay a certain amount of money plus court costs. Interest on the amount will begin to accrue and be owed from the date of the judgment. You may not have to pay immediately. If you do not pay, the plaintiff can enforce the judgment against you in court, which could result in additional costs to you as well as time in court. A judgment against you can show up on your credit report.]]>If I lose my case and don't agree with the judge's decision, can I appeal?Yes. You have the option of appealing your case to the appellate court. In most counties 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.]]> 5525index.cfm?fuseaction=home.dsp_content&contentID=5525Small Claims Appearance and Jury DemandUse this Appearance and Jury Demand in your small claims case in Cook County6635index.cfm?fuseaction=home.dsp_content&contentID=6635Cook County Small Claims AnswerUse this form to respond to the details listed in the small claims complaint that you received from the sheriff6630index.cfm?fuseaction=home.dsp_content&contentID=6630DeKalb County Appearance FormComplete this form and file it with the clerk when someone is suing you and you wish to appear in court to contest the lawsuit6633index.cfm?fuseaction=home.dsp_content&contentID=6633DeKalb County Small Claims BookletUse this booklet to learn more about small claims court in DeKalb 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 County5166index.cfm?fuseaction=home.dsp_content&contentID=5166Subpoena for Deposition/RecordsUse this Subpoena to order the other party in the case to provide evidence relevant to the case in Kane County Court4714index.cfm?fuseaction=home.dsp_content&contentID=4714Small Claims Documents for Defendants in Lake County5678index.cfm?fuseaction=home.dsp_content&contentID=5678Forms for Filing a Small Claims Case with Instructions6486index.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 County6497index.cfm?fuseaction=home.dsp_content&contentID=6497McLean County Guide to Small ClaimsUse this guide to assist you with your small claims case in McLean County6629index.cfm?fuseaction=home.dsp_content&contentID=6629St. Clair County Small Claims Answer FormUse this form when you are being sued in small claims court and wish to respond to the court5636index.cfm?fuseaction=home.dsp_content&contentID=5636Subpoena for Documents5635index.cfm?fuseaction=home.dsp_content&contentID=5635Subpoena for Witness Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video5573index.cfm?fuseaction=home.dsp_content&contentID=5573Going to Small Claims Court Video3152index.cfm?fuseaction=home.dsp_content&contentID=3152What Can I Do if I'm Being Sued but I Wasn't Notified of the Suit?