Money & Debt

Small claims cases are for issues that can be solved with a money judgment for up to $10,000. The judge can enter an order saying that the defendant owes the plaintiff money.

Common examples of small claims issues include:

• Property damage,
• Home repair or renovation problems,
• Disputes with service providers,
• Fraud,
• Breach of contract, and
• Car accidents.

Small claims cases are available in all Illinois county circuit courts. The rules and services available in small claims courts vary by county. Learn more about Small claims court rules, Local requirements for small claims cases in Northern Illinois, and Local requirements for small claims cases in Central and Southern Illinois.

The plaintiff in a small claims case is the person or business who files the lawsuit. In small claims cases, the plaintiff is asking for a court order saying the person or business they are suing owes them money.

The person or business being sued is called a defendant.

Learn more about How small claims court works.

No, people can represent themselves in small claims cases. This is true whether the person is a plaintiff or defendant. Participating in a small claims case without a lawyer can be much easier than in other types of cases. 

The statewide small claims rules allow judges to hold informal hearings. At an informal hearing, the judge can:

• Call any person to testify who is at the hearing, whether in person or remotely,
• Ask questions of any witness or party, and
• Issue a decision at the end of the hearing and explain their reasoning to the parties.

Either party can ask the judge to hold an informal hearing in small claims cases. The judge can also decide to do so on their own.

Learn more about Finding legal help for a small claims case.

Small claims plaintiffs that are businesses must be represented by a lawyer. This applies to entities like limited liability companies (LLCs), partnerships, and corporations.

Businesses that are small claims defendants do not need to be represented by a lawyer. An officer, director, manager, department manager, or supervisor can attend court on behalf of the company.

These requirements for businesses in small claims cases come from Illinois Supreme Court Rule 282(b). Check with the circuit court clerk's office where the case was filed to find out if any additional local rules apply.

If the defendant has been served with court papers and does not participate in the case, the judge may enter a default judgment. Learn more about Small claims default judgments.

Small claims cases in which the defendant contests the case are often decided by a bench trial. This means a judge hears the case, reviews the evidence, decides what facts have been proven, and determines what relief the parties are entitled to.

Either party in small claims cases can request a jury trial. There are strict rules for when a jury trial can be requested in a small claims case. The party requesting a jury must also pay a jury fee unless they have an approved fee waiver. Learn more about How small claims court works.

The parties can also agree on their own resolution and settle a small claims case. In some counties, local rules allow judges to send small claims cases to mediation or arbitration. The judge may also try to help the parties settle at a pre-trial conference.

Yes. If the amount owed is more than $10,000, the plaintiff can choose to limit their claim to $10,000 to file in small claims court. Once a plaintiff decides to reduce the amount to ask for and sue for that amount, they are unlikely to be able to sue again to collect more.

If a plaintiff changes their mind and wants to increase the amount they are asking for while the small claims lawsuit is still going on, they must file a motion to amend. If the judge grants the motion to amend, and the new amount asked for is over $10,000:

• The case will be moved to a regular civil court docket,
• The plaintiff may need to pay an additional filing fee, and
• The regular civil court rules will apply.

If a plaintiff wants to sue someone for more than $10,000, they must file a lawsuit in civil court (not small claims court).  Learn more about starting a lawsuit.

Yes, either party can appeal a decision if they lose their case. In most counties, a party must file an appeal within 30 days of the day the judge enters a judgment. Appeals are complicated and require additional fees. Consider talking with a lawyer before appealing a case.

Learn more about appealing a case.

Instead of going to small claims court, people may:

• Send a demand letter,
• Reach an agreement with the other side on their own, 
• Ask a mediator to help the parties decide on an agreement, or
• Decide that the issue is not worth pursuing.

A demand letter is a formal written request to settle a dispute. It is sent to the person or business responsible or their legal representative, often by certified mail. 

Going to small claims court:

• Takes up resources, 

• Creates a public record of a dispute, and

• Only involves amounts at issue up to $10,000.

For these reasons, people and businesses may prefer to settle the issue privately. They may agree to a payment plan or a lump sum payment. They can also agree to settle the matter for less than the full amount asked.

The key parts of a demand letter for amounts up to $10,000 are clear explanations of:

• What the problem is,
• Why the recipient is responsible for the problem,
• What law, statute, contract, or other legal right was violated,
• The injuries or damages the letter writer suffered due to the problem,
• A request for money to resolve the issue,
• A realistic timeline for reaching a solution,
• That legal action may be taken if the other person does not respond or comply with the request within a specific amount of time, and
• How to contact the sender.

After sending a demand letter, it is important to wait the amount of time given to the recipient in the letter before taking further legal action. This means that if there is  reason that a lawsuit needs to be filed quickly for another reason, sending a demand letter may not be an option.

Use Get Legal Help to find local legal resources. For help with filing and local court questions, contact Illinois Court Help at (833) 411-1121. Learn more about Finding legal help for a small claims case.