Money & Debt

A small claims lawsuit starts when a plaintiff:

• Files a Complaint and Summons,
• Pays a filing fee or applies for a fee waiver, and
• Has the defendant served with the court papers.

If the plaintiff wants a jury trial, they must include a written request called a jury demand with the Complaint. This is the only time the plaintiff can request a jury.

Our Small claims complaint Easy Form program helps with filling out small claims papers.

Before starting a small claims court case, consider:

• How much time has passed since the issue happened, 
• If the defendant’s current address is known or can be found, and
• Whether there is enough evidence to support the claim.

The time limit for a plaintiff to file a small claims case depends on the problem. Illinois law sets deadlines, called statutes of limitations, for filing certain types of claims.

Even if a plaintiff files the case within the time allowed by law, if they have waited a long time, the person or business sued can also argue that they waited too long. A judge can dismiss the case if it is filed too late.

For most small claims cases, unless another law applies, the time limits for a plaintiff are:

• Two years from the date of the incident to file a claim against someone who injured them,
• Five years from the date of the incident to file a claim against someone who damaged their property,
• Five years from the date of the broken contract to file a claim if the contract is not in writing, and
• Ten years from the date of the broken contract to file a claim if the contract is in writing.

Yes, to file a small claims case, the plaintiff must have the defendant’s current address. The defendant must be served with the court papers for the case to move forward.

If a plaintiff does not already have the defendant’s current address, it may be necessary to:

• Do a property record search,
• Ask friends, family, or community members for the address, or
• Hire a skip tracer or private investigator to locate the defendant.

Small claims cases require the plaintiff to prove that the defendant is responsible for the problem. To do this, the plaintiff must present evidence to support their claim. In small claims cases, this evidence can include:

• Testimony from the plaintiff or other witnesses,
• Records of communications like text messages or emails,
• Contracts, service agreements, or other documents, and
• Photos, videos, or audio recordings.

For self-represented people, providing this evidence may be easier in small claims cases than in other types of lawsuits. Illinois court rules allow the judge to hold informal hearings in small claims cases. In an informal hearing, the judge can call and question witnesses. Either party can ask the judge to use the informal hearing process. The judge can also decide to do so on their own.

A small claims case can be filed in the county where the defendant lives or where the events of the case happened. A plaintiff can sue a business in any county where it does business or has an office.

A small claims complaint:

• Identifies the plaintiff and defendant,
• Explains the reasons for the lawsuit, and
• States how much money the plaintiff is asking to be awarded.

A small claims summons:

• Notifies the defendant of the case, and 
• Provides details about the first court date.

When the complaint is filed, the circuit court clerk will provide the plaintiff with a court date and time. This date is sometimes called the return date or first appearance. 

Depending on the local procedure, either the plaintiff or the circuit court clerk’s office will fill out the court date, time, and location on the summons. Ask the circuit court clerk's office where the case is being filed for more information.

Once the summons is completed, the circuit court clerk’s office must issue (file-stamp) the summons so it can be served on the defendant.

There are three ways to serve a small claims summons:

• Certified mail sent by the circuit court clerk,
• Service by the sheriff in the county where the defendant is located, and
• Using a private process server.

Each method involves paying fees unless the plaintiff has asked for and received a fee waiver. The statewide forms for starting a small claims case include detailed instructions on service. Read this information carefully to make sure that the defendant is served correctly.

No, defendants no longer have to pay an appearance fee to participate in small claims court.  However, there might be other court costs the defendant must pay. For example, the defendant might have to pay for the plaintiff’s court costs if the plaintiff wins.

Once a defendant is served in a small claims case, they can respond by:

• Appearing in court on the return date,
• Filing papers in the case, such as an answer or motion to dismiss the case,  
• Resolving the issue directly with the plaintiff, or
• Doing nothing.

If the defendant wants a jury trial and the plaintiff did not request one, the defendant must file a written request for a jury trial before or on the return date. Our Responding to a lawsuit Easy Form program helps with creating these papers.

If a defendant does not respond to the summons after being served, the judge might enter a default judgment. A default judgment means that the defendant will be required to pay what the plaintiff asked for in the case. To prevent a default judgment from being entered, the defendant must:

• File an answer,
• Attend the first court date, or
• File an appearance and a motion requesting a continuance (change of court date).

If a default judgment is entered in a small claims case, the defendant can challenge the default judgment by filing a motion to vacate. Learn more about Vacating a default judgment.

If either party has a very good reason for missing court, they can file a motion asking the judge to change the date. This is called a motion for continuance. Our Motion to continue or extend time Easy Form can help prepare this paper for filing.

A defendant who wants to contest the case and cannot attend court at the time given on the summons must file a written response before the return date. Ask the circuit court clerk's office whether a written motion for continuance also needs to be filed at the same time.

Deciding whether to grant a new court date and when to set it is up to the judge. The judge can deny the motion for a new court date. They are also not required to pick a date requested by either party.

For the most current information:

• Check with the local circuit court clerk's office, and
• If the judge has a standing order that sets additional rules for how cases are heard in their courtroom, read it carefully.

Generally, what happens on the first court date depends on whether the defendant has been served. If the defendant has not been served:

• The plaintiff should attend,
• The judge will likely ask the plaintiff questions about the service process, 
• The judge may set a new court date, and
• The plaintiff may need to file an alias (additional) summons with the new court date information and have it served on the defendant.

If the defendant has been served:

• Both parties should come prepared to argue their case or reach a settlement,
• If the defendant contests the claim, the judge may hear the case the same day or set it for trial on another date, and
• If the parties have already resolved the issue, the plaintiff can voluntarily dismiss the case, or the parties can present their settlement agreement to the judge for approval.

Small claims cases can end when:

• The case is dismissed, 
• The parties settle,
• The defendant wins, 
• The plaintiff wins and is awarded the full amount they asked for, or
• The plaintiff wins and is awarded less than they asked for. 

The losing party may be required to pay the winning party's court costs, along with any service of process and attorney’s fees.

Small claims judgments can be appealed. Learn more about Civil appeals.

A plaintiff can file a motion to dismiss their small claims case. The plaintiff will have to notify all parties involved (including the defendant) that they are dismissing the case. They can do this by serving the other parties with a copy of the motion to dismiss.

Yes. In small claims cases, the plaintiff and the defendant can agree to settle the case at any time before the judge reaches a final decision. 

Once the case has been filed:

• The plaintiff can voluntarily dismiss the case, or
• The parties can submit their settlement agreement to the judge for approval.

If the plaintiff dismisses their case without a judge’s order settling or deciding the issue, the plaintiff will not have a court order that they can enforce against the defendant. If the parties reach an agreement that the judge approves, and later issues arise with either side failing to follow through, they may be able to return to court to resolve the problem.

Yes, jury trials are available in small claims court. Jury requests must be made in writing. There are strict deadlines for requesting a jury in small claims court:

• For the plaintiff, at the time the complaint is filed, and
• For the defendant, before or on the return date.

The parties will have to participate in the selection of jurors and come up with jury instructions. An additional fee typically applies to jury requests unless the party asking for a jury has a fee waiver.

A plaintiff who wins a small claims lawsuit gets a judgment. A judgment is a court order that requires the defendant to pay the plaintiff a specific amount. 

In small claims cases, the judge can order the defendant to pay the plaintiff by a certain date or in specific installments. The judge sets the payment amount and timing. The installment period cannot be longer than 3 years. Payment plan details can be changed or vacated by the judge during that period.

If the judge does not order a payment plan, the plaintiff may need to take additional legal steps to collect. However, if the defendant is currently in a collection-proof status, the plaintiff may not receive any funds. Learn more about how a debt judgment can be collected.

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.