Money & Debt

Self-representation, also called being “pro se,” means filing court papers and participating in court without a lawyer. In small claims courts:

• Statewide, both plaintiffs and defendants who are individuals can represent themselves in small claims cases, and
• In Chicago’s “pro se” small claims court for amounts up to $3,000, plaintiffs cannot be represented by a lawyer.

Different rules apply to businesses. Businesses must have an attorney represent them to file a small claims case.

Yes, people who are self-represented may still get legal help with other tasks in their small claims cases. Being self-represented only describes filing papers and participating in court.

For example, a person who represents themselves in small claims court may have a lawyer assist with:

• Sending a demand letter,
• Negotiating a settlement before a court case is filed,
• Drafting court papers, and
• Preparing for court hearings.

Statewide small claims court rules help people represent themselves by simplifying the court process. In small claims cases, the judge can choose to hold informal hearings. Either party can also request an informal hearing.

Informal hearings mean that the rules about how people present their cases are relaxed. In civil cases, there are specific evidence and procedural rules that the parties must follow, even if they are self-represented. Learn more about the Rules of evidence.

When a small claims case is heard informally, the rules are less strict. If the judge uses an informal hearing process, they 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.

Taking a small claims case usually means that the lawyer is willing to handle all parts of the case for the client. This may include filing court papers and representing the client at hearings.

Taking on all parts of a case is different from offering limited-scope legal services. Limited-scope or unbundled legal services mean the lawyer and client divide up the tasks. The lawyer only handles some of the tasks, and the client handles the rest. 

For example, in a small claims case, the lawyer may send a demand letter and help their client draft a complaint if the issue is not resolved. The client may file the complaint the lawyer drafted and represent themselves in court. Learn more about limited-scope representation.

Legal aid programs rely on funding to provide free representation in lawsuits. Their lawyers work on cases that match rules set by funders. Many legal aid programs do not have funding to represent clients in small claims cases.

Some legal aid programs that do not represent clients in small claims court still offer limited-scope advice and drafting help for small claims cases. This may happen because the small claims issue is related to another problem that the legal aid program has funding to address.

Some organizations connect people who need legal services with volunteer lawyers doing pro bono (free) legal work. A volunteer lawyer for a small claims case may agree to:

• Provide limited-scope advice and drafting help, or
• Take the case and appear in court.

If a lawyer agrees to provide small claims legal services for free, get the agreement in writing. Make sure the agreement specifies what services the lawyer will provide, including whether the lawyer will help with filing papers and attending court.

There are many factors that lawyers may consider when taking a small claims case. These may include:

• The likelihood of success,
• If a law, such as some local laws for returning security deposits, supports suing for multiple times the amount the plaintiff is owed outside of court,
• The price of legal fees compared with the amount the plaintiff may win in the case,
• Whether the legal bills will be paid by the plaintiff, an insurance company, or, if the plaintiff wins, a defendant, and
• Whether the plaintiff is capable of representing themselves in the case.

Even if the plaintiff wins, that does not mean the defendant will pay the money owed. The defendant may be in a collection-proof status.

Businesses that are plaintiffs in small claims court must be represented by a lawyer. This is required by law. There is no option other than hiring a lawyer for a business to pursue small claims cases.

No, people do not need lawyers to represent them in small claims mediation. The mediator will help the parties discuss their issues.

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.