Money & Debt

When you sue someone for money, you will need to file a lawsuit with a court to prove that you are entitled to the money. Small claims court is a civil court A court where people or businesses bring problems in front of a judge. Civil courts are different from criminal courts, where a defendant is accused of a crime by the state. where you can sue someone for $10,000 or less (excluding interest of costs). Simplified rules for this court allow for the process to be faster than other types of cases. It is important to think about all the considerations of filing a lawsuit before actually doing so

Starting a lawsuit

The person bringing the claim is the plaintiff A person or party that starts a lawsuit . The person being sued is the defendant The person or organization being sued in a lawsuit . Any individual or corporate entity (e.g., corporation, partnership, etc.) can sue and be sued in small claims court. Individuals may represent themselves (without hiring a lawyer Someone who represents clients in courts or who gives legal advice ). Corporations can sue in small claims court only if they’re represented by a lawyer. They don't need to retain a lawyer if they are defending against a lawsuit. A representative of the corporation (i.e., an officer, director, or manager) may appear in court in its defense. Learn more about starting a lawsuit.

In Chicago, if you are suing someone for $3,000 or less, you will file your lawsuit in pro se court.

A plaintiff can sue a defendant in small claims court for a number of things, including:

• Unpaid rent and/or eviction A court case brought by a landlord to get a tenant to move out ,
• Medical bills resulting from a car accident,
• Property damage,
• Personal injury, or
• Not satisfying a contract (breach).

A plaintiff cannot bring a case in small claims court to:

• Divorce their spouse,
• Get the Court to order someone to do or not do something, or
• Get their property back.

Common small claims cases involve home improvements, car repairs, moving and storage companies, and landlord An owner of property who rents it out to a tenant and tenant A person who rents a space disputes over money.

Recovering money after winning a lawsuit

If you end up winning your lawsuit, you will obtain a judgment. This requires the defendant to pay you for the amount awarded in the lawsuit. Just because you win a lawsuit doesn’t always mean the defendant is going to pay the amount owed. If this happens, you will need to file a citation against the defendant or a third-party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. such as the defendant’s employer or bank to collect the money. Please refer to our collecting a judgment page to learn more about this process.

For more information, please see the video on Going to small claims court.