Money & Debt

First, you will need to file a Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court and Complaint. Use our Small claims complaint Easy Form program to fill out the forms you need. Blank forms are available on the Illinois Courts website.

The Complaint describes your claim against the defendant The person or organization being sued in a lawsuit . If you have any documents to support your claim, attach copies to your Complaint. Make sure that you make copies of all documents you attach to your Complaint so you have them for your records after filing.  You need to pay filing fees unless you get a waiver.

The Summons tells the defendant that you filed a lawsuit. It also tells the defendant how and where they need to respond to your lawsuit.

The defendant must receive notice of the claim. You are responsible for making sure the defendant gets a copy of the Summons and Complaint. 

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

After filing, you must send the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. or parties a Summons with the Complaint A written statement to start a lawsuit that says what the defendant did attached. A Summons is a document that tells a person about the lawsuit and when to come to court. 

Here are the rules to know about a Summons:

• You must send the other party a Summons within a certain number of days - ask the clerk's office for the court you're filing in how many days you have;
• You may send the Summons only in certain ways. See Serving a Summons for step by step instructions and explanations;
• There is a usually a cost to have a Summons served. The cost depends on how the Summons is served to the other party; and
• If you do not give the other party a Summons telling them about your lawsuit within the required time, the lawsuit may be dismissed Cases dismissed with no further action anticipated. because there was not proper notice of the lawsuit.

If you filed the lawsuit in Cook County, you do not need to go to court on the return date The deadline for a defendant or respondent to file an appearance or other required response . 

If you filed the lawsuit in any other county in Illinois, you do usually have to go to court on the return date. You should check with the circuit clerk The office that takes care of files and documents for circuit court cases when you file your complaint A written statement to start a lawsuit that says what the defendant did . You may have to appear through a phone call or video call.

You should dress like you are going to an important business meeting. Get to court early, in case you get delayed, and check in with the clerk when you arrive.

Learn more about Going to court.

Possible outcomes

On the return date, the judge will ask the defendant The person or organization being sued in a lawsuit if they admit or deny To refuse or say no the claims in the complaint. The following are possible outcomes from the first court date:

• If the defendant denies the claims, a trial When the issues of a case are heard in court and decided by a judge or jury will be scheduled;
• If the defendant admits the claims, a judgment An official decision by a court that ends the dispute between parties will be entered in your favor; or
• If the defendant does not show up in court, a default judgment When a person loses a case because they don't file an appearance or show up in court will be entered. In Madison County, you may have to submit a proposed default judgment for the judge to sign. Check with the court clerk.

It is important to take proof of proper service with you to court. 

To prepare for trial When the issues of a case are heard in court and decided by a judge or jury , do the following things:

• Organize your main points;
• Read the complaint A written statement to start a lawsuit that says what the defendant did again;
• Know how to explain your side of the story;
• Organize your documents so they can be easily used;
• Locate witnesses who know the facts;
• Bring expert witnesses (a mechanic, for example) who will support your case; and
• Know what the defendant The person or organization being sued in a lawsuit 's witnesses will say.

If a witness A person who answers questions in court under oath refuses to come to court, you can have the court make them come. To do this, you will need to get an order called a subpoena A court order requiring someone to show up in court, usually to give information from the circuit clerk The office that takes care of files and documents for circuit court cases . 

If the clerk issues the subpoena, the person you want as a witness is required to come to court. You will have to pay any witness you force to come to court. 

You or any other adult Any person 18 years old or over may deliver the subpoena to the witness, or you may ask the sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's office to deliver it to them.

All small claims court sessions are open to the public when they are held in person. You may attend any of these courtroom proceedings to observe in that case. Some of these calls are saved or streamed online if you wish to listen to them.

The trial When the issues of a case are heard in court and decided by a judge or jury will be in front of the judge only, or in front of a jury and a judge. 

You will have the first chance to present evidence Anything used to show that something is true and witnesses to prove your case. To do so, you may show the judge or jury papers, or ask witnesses to answer A written statement used to respond to the complaint or petition in a lawsuit questions. This is called testimony Evidence given orally by witnesses .

When you finish, the defendant The person or organization being sued in a lawsuit and the judge can ask the witness A person who answers questions in court under oath questions. Then, the defendant will have a chance to present evidence and witnesses. You and the judge can question (cross-examine) the defendant's witnesses.

If no jury was requested, the judge will either dismiss the case or give you a judgment for the money.

If it is a jury trial A trial decided by a judge and a jury , the jury will talk privately, and then give their decision to the judge. Based on the jury's conclusion, the judge will either dismiss the case or award you a judgment for money.

If you win the case

If you prove that the defendant owes you money, the judge will give you a money judgment. This is a court document that says the defendant owes you money. The judgment may also include court costs The fees for going to court, including filing, serving, and getting transcripts .

This does not mean that you will walk away that day with money. Also, the court will not help you collect the money. If the defendant does not pay, you can ask the court to have the money:

• Taken from the defendant's wages The amount of money that a person is paid for work they do
• Taken from the defendant's bank accounts
• Put as a lien A claim against property that may be used to repay a debt on the defendant's property

Learn more about Collecting a judgment.

If the defendant does not pay you right away, interest will start collecting on the day of the judgment. The rate is 5% for judgments entered on 1/1/20 or later that are $25,000 or less and are for consumer goods or services (not bodily injury or death). Otherwise the rate is 9%. Either way, the longer the defendant waits, the more they will have to pay.

Also, a judgment against a defendant will show up on their credit report.

If you lose the case

Either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. can appeal A request to change a court's decision a decision if they lose their case. The court that you would take your case to is called an appellate court.

In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Appeals are complicated and require additional fees. You should talk to a lawyer Someone who represents clients in courts or who gives legal advice before appealing your case.

Learn more about Appealing a case.