Money & Debt

A default judgment is an order entered against a defendant who:

• Has been served, and
• Does not participate in the case.

A default judgment entered against the defendant in a small claims case means the defendant must pay the plaintiff money. 

In some situations, the defendant may be able to have the default judgment removed. Undoing a default judgment is much easier within 30 days of the order than later on. Learn more about Vacating a default judgment.

A small claims defendant who has been served with the court papers is at risk of a default judgment if they:

• Do not show up to court on the return date, or
• Fail to follow other local requirements for contesting the case.

Some counties allow defendants to contest the case by:

• Filing an appearance, answer, or motion, or
• Notifying the circuit clerk using a specific local process.

Learn more about Local requirements for small claims cases in Northern Illinois and Local requirements for small claims cases in Central and Southern Illinois. 

Yes, a default judgment means the defendant will be required to pay the amount the judge awarded the plaintiff. This may be: 

• The full amount the plaintiff requested, along with fees paid for filing, service, and a lawyer if they have one, or
• A smaller amount based on what the plaintiff can prove.

When a small claims case ends in a default judgment, the plaintiff can take steps to collect. The judge is unlikely to include a payment plan if the defendant does not participate in the case.

Statewide, to get a default judgment, the plaintiff must be able to show that the defendant:

• Was served with the court papers,
• Did not attend the court date,
• Did not agree with the plaintiff that the plaintiff would get a new court date, and
• Did not file an appearance and motion to request a new court date.

The plaintiff must ask for the default judgment. The judge can:

• Refuse to enter a default judgment,
• Enter a default judgment immediately,
• Hold the case until the end of the court call before entering a default judgment, 
• Take the case under advisement, meaning that the judge will review the papers and decide what to do later, or
• Set the case for a prove-up on another date.

Yes, self-represented plaintiffs can get a default judgment in a small claims case. To get a default judgment against a small claims defendant, a self-represented plaintiff must follow the same process as a lawyer.

The options for a default judgment in a small claims case vary by:

• The types of filings in the case, such as whether the plaintiff filed a factual affidavit or a verified complaint, 
• The local rules that apply in the county where the case is being heard, and
• The judge’s process for handling default judgments.

Yes, when local rules allow for immediate default judgment in small claims, they may include specific requirements. However, not all counties allow a plaintiff to get a default judgment on the first court date against a defendant who has been served and does not participate.

Depending on the county, if immediate default judgment is available, the plaintiff may need to:

• Have filed and served a verified complaint,
• Have filed and served an acceptable affidavit supporting their complaint, or
• Provide sworn testimony or other evidence of damage.

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 prove-up is a court hearing where the judge:

• Considers the plaintiff’s court papers,
• May ask the plaintiff to present evidence and answer additional questions, and
• Decides whether the plaintiff can get a default judgment.

Scheduling a prove-up hearing does not mean the judge will grant a default judgment. If the judge hearing a small claims case sets a prove-up hearing, follow any instructions they give carefully. The judge may:

• Require the plaintiff to send the defendant notice of the prove-up hearing,
• Ask the plaintiff to file an affidavit supporting their claim before the prove-up hearing, or 
• Suggest that the plaintiff bring additional evidence to the prove-up hearing.

A verified complaint is a complaint that includes an additional statement at the end in which the plaintiff certifies or swears to the truthfulness of the facts claimed. If the plaintiff signs a verification knowing that any statement in the complaint is false, they may be found guilty of perjury. 

The verification states:

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true.

A verified complaint can help a plaintiff get a default judgment in small claims cases.

An affidavit is a legal document used to state facts. Affidavits must:

• Contain facts personally known to the person who signs the paper, and

• Include a certification or sworn statement from the person signing the affidavit that the contents are true and correct.

Affidavits are focused on facts, not opinions or legal conclusions. Consider evidence carefully and do research if needed before writing an affidavit. False statements in an affidavit may result in being found guilty of perjury.

Our downloadable affidavit form can be used to prepare an affidavit for filing in a small claims case. The judge will determine whether the affidavit is acceptable. A judge may consider:

• Whether the person signing has personal knowledge of the facts written in the affidavit,
• How detailed the affidavit is about relevant information, and
• If the affidavit was certified or signed under oath.

If a default judgment is entered in a small claims case, the defendant can challenge the default judgment by filing a motion to vacate within 30 days of the order. After 30 days, it may be much more difficult to vacate the judgment. Learn more about Vacating a default judgment. 

Use Get Legal Help to find local legal resources. For help with filing and local court questions, contact Illinois Court Help at (833) 411-1121. Learn more about Finding legal help for a small claims case and Small claims court rules.