Money & Debt

The options available for responding to a small claims case depend on how far along the case is. 

At the beginning of the case, the defendant should be served with at least two court papers. These are:

• The Complaint, which explains who the plaintiff is, how much money they are asking for, and the reasons they think they are owed money, and 
• The Summons, which provides the first court date, time, and location.

These papers may also come with additional information about the local court process. Some counties have local rules that require specific information to be attached to the summons. The counties with these rules include:

• Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline, Union, and Williamson,
• Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, and Shelby,
• Champaign, DeWitt, Douglas, Macon, Moultrie, and Piatt,
• Will, and
• McHenry.

The court papers should include a caption at the top of the page. The caption states the county where the case was filed and the case number. Check immediately with the circuit court clerk’s office for the county listed on the court papers to find out the case status. Confirm the next date, time, and location of the next court hearing. Write this information down.

Sometimes, a defendant does not learn about the case until a judgment has been entered. A default judgment can be entered when a defendant was served with a complaint and summons and did not participate in the case. Learn more about:

• Small claims default judgments, and
• Vacating a default judgment.

A small claims complaint must explain why the defendant owes the plaintiff money. The claims in the complaint are allegations. This means they have not yet been proven true or false. The defendant can contest these claims. Read the court papers carefully to figure out the plaintiff's claims. 

If a small claims plaintiff is suing about a problem related to a written agreement, such as a contract, they must attach a copy if they have one. Make sure any written agreement included with the complaint is an accurate copy.

Next, check for a verification statement and any affidavits. These are tools the plaintiff has to support their case:

• A verification statement is a statement that the plaintiff signs to certify or swear to the truthfulness of the facts claimed, and
• An affidavit is a written document with facts supporting the complaint that a judge can consider as evidence.

Write down notes about each of the plaintiff’s court papers. Identify:

• Points the plaintiff has made that are incorrect or misleading,
• Areas of confusion, such as whether it is impossible to identify the specific problem using the information provided, and
• Other errors, missing information, or misstatements.

A small claims defendant can:

• Do nothing and wait for the plaintiff to seek a default judgment against them, 
• Resolve the issue directly with the plaintiff in exchange for the plaintiff dismissing the case, 
• Attend court and tell the judge they do not plan to contest the case, or
• Contest the case.

A defendant who does not contest the case may still benefit from attending court. The judge can enter a payment plan lasting up to 3 years if the defendant asks. If the defendant does not attend court and the plaintiff gets a default judgment against them, a payment plan may not be an option.

To contest the case, the defendant must:

• Attend the court date listed on the Summons, or
• Follow local court rules to contest the claim.

In some counties, filing papers in the case before the first hearing, such as an appearance and an answer or motion to dismiss, will prevent default judgment. In other counties, filing papers will not prevent a default judgment if the defendant does not attend the first hearing. Do not skip the first hearing, even after filing papers, without:

• Reading the local rules (learn more about Local requirements for small claims cases in Northern Illinois and Local requirements for small claims cases in Central and Southern Illinois), and
• Checking with the circuit court clerk’s office or calling Illinois Court Help at (833) 411-1121 to confirm how the specific court and judge handle small claims cases.

Learn more about what to expect from small claims court by reading:

• Small claims common questions,
• How small claims court works, and
• Finding legal help for a small claims case.

A defendant who plans to participate in a small claims case will need to file an appearance. At the first court date, if the defendant attends court without having filed an appearance, the judge may order them to file one. 

There is no appearance fee for a defendant in a small claims case. Use our Appearance Easy Form or Appearance with e-filing Easy Form programs to help with filing an appearance. 

To request a jury trial:

• The appearance and jury request forms must be filed on or before the first court date, and
• A jury fee must be paid unless the defendant applies for a fee waiver.

Some local rules also include additional instructions for how to request jury trials. Learn more about Local requirements for small claims cases in Northern Illinois and Local requirements for small claims cases in Central and Southern Illinois.  

A small claims defendant may also file:

• An answer to the plaintiff's complaint (our Responding to a lawsuit Easy Form helps draft this paper), 
• A motion for continuance, asking to change the first court date (use our Motion to continue or extend time Easy Form for help),
• A motion to quash, saying that service was not completed correctly, or
• A motion to dismiss, asking the judge to throw out the case.

The first court date is often called the appearance date or return date. 

What happens at the first court date depends on where the case was filed. Depending on the county:

• The first court date can also be a trial date,
• The parties may be offered same-day mediation,
• Mediation may be set for a later date,
• A small claims case with a jury demand may be sent to arbitration, or
• The judge may set the case for trial or an informal hearing on a later date.

If the defendant does not attend the first court date or otherwise contest the case, the plaintiff can request a default judgment. Learn more about Small claims default judgments. To avoid a default judgment when present in court:

• If the court date is held in person, check in with the court clerk or law clerk at the start, 
• If the court date is held by video call, follow any instructions to check in as present,
• Pay close attention to what the judge is saying, even if there are many other cases being heard first, and
• When the judge calls the case, be ready to say "Present!" or confirm readiness to participate.

Learn more about Local requirements for small claims cases in Northern Illinois and Local requirements for small claims cases in Central and Southern Illinois. Check with the local circuit court clerk's office for the most current information.