Money & Debt

Two papers are required to start a small claims case:

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

Additional papers to start a case 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.

Small claims complaint and summons: 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.

Verification: A plaintiff may include an additional page with their complaint that contains a verification. More information on this option is below.

Affidavit: We offer a downloadable Affidavit form that can be used to support a small claims complaint. Filing an affidavit with the complaint can be useful if a default judgment is needed. Learn more about Small claims default judgments.

Fee waiver: Our Fee waiver Easy Form program helps prepare the fee waiver application. Blank forms are also available on the Illinois Courts website. The local circuit court clerk’s office can assist in getting copies of these forms. Learn more about Court fees and fee waivers.

Jury demand: Use the statewide jury request form.

Small claims complaints are filed in a specific county circuit court. When getting court papers ready to file, the plaintiff has to select the county where the case will be heard. This information is at the top of the Small Claims Complaint form.

A small claims plaintiff can file a lawsuit against a person in any county where:

• The defendant lives, or
• The events of the case happened.

If the defendant is a business, a plaintiff can file a lawsuit in any county where:

• The company does business or has an office, or

• The events of the case happened.

Statewide rules apply to small claims cases. Each county circuit court in Illinois also has the flexibility to handle parts of small claims cases its own way. If the complaint could be filed in more than one county, think about:

• Convenience, especially for a potential in-person trial, and

• Whether the local rules are more appealing in one county.

Learn more about:

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

Besides the caption, the statewide small claims complaint form requires:

1. The plaintiff’s name.
2. Each defendant’s name and address.
3. The amount owed, along with three options:
   1. There is no written agreement.
   2. There is a written agreement and it is attached.
   3. There is a written agreement and it is not attached, along with the reason why.
4. Whether the plaintiff has demanded the amount requested and the defendants refused to pay it.
5. An explanation of why the defendant owes the money.

The plaintiff must also sign the form and give their contact information.

Yes, a small claims case can be:

• Based on a spoken (oral) agreement, or
• About a situation where there was never any agreement at all, like property damage.

If there was a spoken agreement, the time limit for suing is shorter than for a written agreement. Learn more about how long a plaintiff has to file a small claims case.

In a lawsuit based on a written agreement or contract, the plaintiff must provide a copy. When that document has been lost or is not available for another reason, the plaintiff has to explain why. If the plaintiff does not do so, the case may be dismissed.

All plaintiffs, including self-represented people, must follow these rules. This requirement is in:

• Illinois Supreme Court Rule 282 for small claims cases, and
• Section 2-606 of the Civil Practice Law, which is part of the Code of Civil Procedure and applies generally to civil cases.

Attaching documents to a small claims complaint means that the papers are:

• Uploaded along with the complaint, if the filer is e-filing, or
• Handed to the circuit court clerk along with the complaint, if the plaintiff has an e-filing exemption.

Learn more about E-filing.

Keep copies of all documents attached to a small claims complaint. They may be needed later.

Yes, a plaintiff who has an incomplete copy of a written agreement may attach it to a small claims complaint. Do this by:

• Checking box 3a on the complaint form stating that the written agreement is not attached, and
• Explaining that a partial copy is attached, and
• Saying what is missing.

This applies to many situations where the plaintiff has an incomplete copy of a written agreement. For example, the agreement may:

• Lack signatures,
• Have missing pages, or
• Be damaged in ways that make parts hard to read.

No, a small claims plaintiff with a lost written agreement must state on the complaint that they do not have a copy and explain why. Making up a new agreement to replace a lost one can lead to serious legal problems.

When a written agreement is lost, the plaintiff can address what it contained in other ways. These include:

• Filing a supporting affidavit that explains what they believe the agreement said, or
• Testifying about the agreement.

No, documents that are included with a small claims complaint do not have to be labeled. If a plaintiff wants to label them as exhibits, they may do so. Check with the local circuit court clerk's office to find out if there are any specific local rules for how the exhibits must be labeled.

Generally, to label exhibits:

• Pick a specific labeling system, like letters or numbers,
• Mark the first page of each exhibit with the word Exhibit followed by the letter or number of the exhibit, ideally in roughly the same place on the page (like the lower right-hand corner), and
• While not required, include a page count if there is more than one page.

For example:

• Exhibit A, page 1 of 2, or
• Exhibit 1, page 1 of 2.

Although page counts are entirely optional, they can help everyone make sure they are reviewing a complete copy of the court papers.

A small claims complaint must provide enough information to make the issue clear to someone who is not familiar with the situation. This is true even though the defendant may already know about the issue. 

The complaint tells the judge and anyone else reading the court papers why the plaintiff claims the defendant owes them a certain amount of money. Useful details to include in a small claims complaint include:

• Dates, times, and locations that the problem happened,
• Describing what the defendant did or did not do, and
• Explaining why the defendant owes money to the plaintiff.

If the complaint does not contain enough details to be understandable to a reader who does not already know about the problem, the defendant may ask the judge to dismiss the case.

No, small claims complaints do not need to be verified. However, filing a verified complaint may be practical. In some counties, if the defendant does not show up to court or participate in the case, the plaintiff can use a verified complaint to help get a default judgment. Learn more about Small claims default judgments.

To verify a small claims complaint, a plaintiff needs to include a statement of verification at the end of the complaint. This statement can be included on a separate page following the complaint.

By verifying the complaint, a 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 wording required to verify the complaint is set by Section 1-109 of the Code of Civil Procedure. It must say:

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. 

The plaintiff signs underneath the verification statement.

A jury demand is used to request a jury trial instead of a bench trial. The plaintiff must make this request when filing the case. If they wait, they lose the right to ask for a jury trial.

Many small claims plaintiffs do not file jury demands. Small claims plaintiffs often prefer bench trials, where a judge decides the case. This is because:

• There is an additional fee for a jury trial,
• Jury trials take more time and are more complicated than bench trials,
• Many issues in small claims court can be resolved quickly by a judge, and
• Judges in small claims cases can hold informal hearings that go smoothly for self-represented people.

A plaintiff who files a jury demand in a small claims case can withdraw their jury demand. When a jury demand is withdrawn, the case will be decided by a judge in a bench trial. The plaintiff cannot request a jury again in the same case after withdrawing their jury demand.

No, the parties in a small claims case do not have to agree on having a jury trial. If there is a timely jury demand and the jury fee is paid or waived, the case will be tried in front of a jury. 

If there is a jury demand on file and the other party really does not want a jury trial, they can try to:

• Settle the case without going to trial, or
• Negotiate with the other side to withdraw the jury demand and have a bench trial, where a judge decides the case.

Yes, the defendant in a small claims case can file their own jury request on or before the first court date. If the defendant follows the rules to request a jury trial and the jury fee is paid or waived, the case will be tried in front of a jury. 

To avoid a jury trial requested by the defendant, the plaintiff can try to:

• Settle the case without going to trial, or
• Negotiate with the defendant to withdraw the jury demand and have a bench trial, where a judge decides the case.

A defendant who disagrees with statements in the small claims complaint and supporting papers must contest the case. Otherwise, the judge may enter a default judgment against them based on what the plaintiff has presented. Learn more about Small claims default judgments.

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. 

Illinois Supreme Court Rules 281-289 apply to all small claims cases in Illinois. Check the court’s website or ask the circuit court clerk’s office where the case is being heard for copies of local rules, general orders, and standing orders.