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Date: 04/30/2026

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Starting a lawsuit Guide

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A lawsuit is a legal case that asks a court to make someone do something or stop doing something. For example, a lawsuit might ask the court to make someone pay money, return property, or move out of an apartment.

This page explains how to start a general civil lawsuit in state court. Some types of cases, like eviction or divorce, may follow different rules or steps.

The person who starts a lawsuit is called the plaintiff or petitioner. The person being sued is called the defendant or respondent. A plaintiff or petitioner can sue more than one person in the same case. You can also file lawsuits against businesses or government officials.

Depending on what you are suing for or how much money is involved, you may be able to file a small claims case instead. Small claims cases are lawsuits for money disputes up to $10,000. These cases usually use simpler forms and steps. For information about bringing or responding to a small claims case, see Suing someone for $10,000 or less.

Note: This guide is for cases in Illinois state court. If your case is in federal court, see our Federal court common questions.

Last full review by a subject matter expert
April 01, 2026
Last revised by staff
April 01, 2026

About our legal information

Take action

Serving a summonsHow-To
Learn how to properly notify someone that a lawsuit has begun by arranging for the delivery, or 'service,' of the summons, including different methods of service.
Filing a lawsuit complaintHow-To
Find out how to file a lawsuit in Illinois, including which forms to use, who to sue, where to file, and how to notify the other side.

Forms

Proof of delivery Easy Form
This Easy Form helps you prove that you sent a copy of a court document to the other parties in a court case. It's called a Proof of Delivery or Proof of Service.
Request to approve an unlicensed process server Easy Form
This Easy Form helps you make forms to ask the court for permission to use an unlicensed special process server. A special process server can deliver court papers to another party in a legal case.

Learn more

Starting a lawsuit common questions FAQ
Answers to common questions about starting a general civil lawsuit, including the steps to take and what to consider before suing someone.
Getting your property back (detinue or replevin) Text article
Learn how to recover property that was wrongfully taken or kept, including how to choose between detinue and replevin and what steps to take.
Court fees and fee waivers basics Guide
Learn about court fees, who qualifies for a fee waiver, and how to apply if you cannot afford to pay.
Law basics video series Video
Learn the basics of the court process with short videos designed to help people going to court without a lawyer understand what to expect.
Selected statutes of limitations Text article
Information about time limits to bring a lawsuit in Illinois in different areas of law.
Venue and changing venue Text article
Learn what venue means, where to bring a court case, and how to object or transfer a case if it was filed in the wrong county.

Common questions

  • What is a lawsuit?
  • How do I decide whether to file a lawsuit?
  • How long do I have to sue someone?
  • How much does it cost to start a lawsuit?
  • How do I start a lawsuit?
  • What forms do I need to start a civil lawsuit?
  • What should I include in my complaint or petition?

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Serving a summonsHow-To
Learn how to properly notify someone that a lawsuit has begun by arranging for the delivery, or 'service,' of the summons, including different methods of service.
Filing a lawsuit complaintHow-To
Find out how to file a lawsuit in Illinois, including which forms to use, who to sue, where to file, and how to notify the other side.

Forms

Proof of delivery Easy Form
This Easy Form helps you prove that you sent a copy of a court document to the other parties in a court case. It's called a Proof of Delivery or Proof of Service.
Request to approve an unlicensed process server Easy Form
This Easy Form helps you make forms to ask the court for permission to use an unlicensed special process server. A special process server can deliver court papers to another party in a legal case.

Learn more

Starting a lawsuit common questions FAQ
Answers to common questions about starting a general civil lawsuit, including the steps to take and what to consider before suing someone.
Getting your property back (detinue or replevin) Text article
Learn how to recover property that was wrongfully taken or kept, including how to choose between detinue and replevin and what steps to take.
Court fees and fee waivers basics Guide
Learn about court fees, who qualifies for a fee waiver, and how to apply if you cannot afford to pay.
Law basics video series Video
Learn the basics of the court process with short videos designed to help people going to court without a lawyer understand what to expect.
Selected statutes of limitations Text article
Information about time limits to bring a lawsuit in Illinois in different areas of law.
Venue and changing venue Text article
Learn what venue means, where to bring a court case, and how to object or transfer a case if it was filed in the wrong county.
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© 2026 Illinois Legal Aid Online. 
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.