Money & Debt

Small claims court is a civil court designed to be a user-friendly, low-cost way of settling legal disputes of up to $10,000. This court has simplified rules and the timeline can be much shorter than other types of cases. An attorney is not required to represent you in court.

The person bringing the claim is the plaintiff. The person being sued is the defendant. Individuals, as well as companies doing business in Illinois, can sue and be sued in small claims court.

A plaintiff may only file certain types of cases in small claims court, such as:

• Lawsuits - such as breach of contract, property damage, or personal injury,
• All evictions (regardless of amount of rent claimed),
• Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by the county where filed, and
• Garnishments to enforce judgments from funds owed to debtors.

The maximum judgment permitted is $10,000 plus costs, so claims must not exceed $10,000.

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

• Get a service that is owed to them,
• Stop an action against them, or
• Get their property back.

Many common small claims cases involve home improvements, car repairs, moving and storage companies, and landlord/tenant disputes over money.

To file a lawsuit, you will need to complete the necessary forms: a complaint and summons. These forms are available at the small claims clerk's office. After completing the forms, file them with the clerk and pay the applicable filing fee. You must then "serve" or deliver copies of the forms to the defendant. Some countries permit service by regular or certified mail, or you may request the court to do it for you for a fee.

The court will set a date to review the facts of the case. Make sure you come prepared to argue your case. If the parties cannot settle their differences, the circuit court judge will render a decision. If you win the case, you can ask the court to include court costs and any other costs incurred fighting the lawsuit as part of the settlement. These include filing fees, personal service on the defendant, postage, and attorneys' fees. Once a judgment is entered stating the total amount owed to the plaintiff by the defendant, the defendant may pay immediately, or you may need to take further steps/action including consulting an attorney to collect the debt.

For more information see the following video on the steps to Going to small claims court.