Money & Debt

The first step in going to small claims court is confirming that a small claims case is the best way to resolve the dispute. The small claims process includes:

• Finding out whether the issue can be handled in a small claims case, 
• Getting the defendant’s current address,
• Learning about local court rules,
• Gathering evidence,
• Preparing court papers,
• Filing court papers, which requires paying fees or getting a fee waiver,
• Serving the defendant, which may also require fees,
• Attending court hearings, and
• Presenting the claim to a judge or jury.

If the plaintiff wins and gets a judgment against a defendant, additional steps may be needed to collect any money awarded. A defendant may also be in a collection-proof status, which prevents the plaintiff from getting paid.

To prepare for starting a small claims case, read:

• Small claims basics,
• Small claims common questions, and
• How small claims court works.

Before moving to the next step:

• Try contacting the other party to work out an agreement,
• Make sure the case belongs in small claims court,
• Check whether the case is timely, and
• Find the defendant’s current address.

A small claims complaint is a key opportunity for the plaintiff to make their case. Even if the defendant knows what the plaintiff is suing about, the plaintiff must spell out the details in the complaint. The complaint is also important if the plaintiff seeks a default judgment against a defendant who has been served but does not participate in the case.

Before starting to fill out the complaint form, read about:

• Small claims complaints,
• Small claims default judgments, and
• Small claims court rules.

Check whether there are any local rules that apply in the county where the case will be filed:

• Local requirements for small claims cases in Northern Illinois, and
• Local requirements for small claims cases in Central and Southern Illinois.

Finally, collect all evidence:

• Find a copy of any written contract or agreement involved in the dispute, 
• Locate names and contact information for any witnesses that may need to testify, and 
• Gather photos, screenshots, emails, and other information related to the situation.

Starting a small claims case requires:

• A Small Claims Complaint, including any necessary supporting papers, and
• A Small Claims Summons, along with any locally required information.

Additional papers filed at the same time as the complaint and summons may include:

• Additional Defendants and Additional Reasons forms for information that does not fit on the complaint,
• A verification certifying the truth of claims in the complaint,
• An affidavit or copies of written agreements supporting the claim,
• A fee waiver application asking to lower or waive filing fees, and
• A jury demand requesting a jury trial instead of a bench trial.

Our Small claims complaint Easy Form program helps with filling out the complaint, additional defendants, additional reasons, and summons forms. Blank forms for these are also available on the Illinois Courts website. The local circuit court clerk’s office can assist in getting copies of these forms.

Fill out all forms carefully and organize supporting documents. Review Small claims complaints for answers to common questions about this process.

Make copies of all completed forms and supporting papers. Keep these copies in case they are needed later.

Once the court papers are filled out, they must be filed with the circuit court clerk's office in the county where the case will be heard. 

Starting a small claims case requires filing a Small Claims Complaint, including any supporting documents, and a Small Claims Summons, along with any locally required information. Other papers the plaintiff may need to file include:

• Additional Defendants and Additional Reasons forms for information that does not fit on the complaint,
• A verification certifying the truth of claims in the complaint,
• An affidavit or copies of written agreements supporting the claim,
• A fee waiver application asking to lower or waive filing fees, and
• A jury demand requesting a jury trial instead of a bench trial.

Court papers need to be electronically filed ("e-filed") unless the party filing them has an exemption. If the plaintiff is exempt from e-filing, they can file their papers in person at the courthouse in the county where they want to start the case.

Plaintiffs must pay a filing fee when filing in person or online. A plaintiff can submit a fee waiver application, asking the court to reduce the filing fees or to waive them entirely. Learn more about court fees and fee waivers. Our Fee waiver Easy Form program helps prepare the fee waiver application. 

When the complaint is filed, the circuit court clerk will provide the plaintiff with a court date and time. This information must be added to the summons. Check with the local circuit court clerk's office to find out whether they add the return date details to the summons for the plaintiff or if the plaintiff needs to fill out that information before filing the summons. The summons must be filled out before being served on the defendant.

The plaintiff must arrange for the defendant to be served with copies of the:

• Complaint, including any exhibits, supporting documents, or affidavits that were filed,
• Completed summons, which includes the court date, time, and location, and
• Jury demand, if any.

A plaintiff can serve the defendant in a small claims case by:

• 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.

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. The case cannot move forward unless the defendant has been served.

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.

Plaintiffs should attend the first court date even if it is not a trial date. In some counties, the case may be dismissed for want of prosecution if the plaintiff does not attend the first court date. 

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. 

Learn more about what happens at the first court date.