Illinois Debtor Rights in Small Claims Court
Illinois small claims court allows individuals and businesses to settle monetary claims of $10,000 or less in small claims court. If someone sues you, it helps to understand Illinois debtor rights in small claims court. Generally, the rules and laws mimic those of the regular civil court system, but tend are less formal.
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Summons & Complaint
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The court must obtain jurisdiction over you. If you reside in the county, the individual suing you can accomplish this by sending you a summons and/or complaint by certified mail. The sheriff must serve debtors living in a different county of the state. For debtors living outside the state, the sheriff of the county and state where you reside have to serve the documents. Regardless of the method of service, proof of service is required.
Response
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You can contact the person suing you to try to resolve the matter before going to court. Another option involves admitting to the claim and having the court award the other person a judgment against you. The other option--to deny the debt and respond to the complaint--can be done by filing an appearance by the "return date," or showing up in court on the date of the hearing. You can specify if you want a jury trial.
Depending on your case, file a counterclaim if you believe the plaintiff owes you money related to the events in the complaint. If you believe a third party bears some responsibility for claim, you can file a complaint and make that individual or company part of the proceedings. The person suing you cannot have an attorney, but you may have legal representation. Corporations must have an attorney represent their cases.
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Hearing
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Look for the date, time and location of the hearing on the complaint or summons. When you appear before the judge, you can admit or deny owing the amount the plaintiff states in the complaint. The trial may be held immediately or may be scheduled for another date and time. During the hearing, the person attempting to collect the debt will present his case first. You will then present your case to the judge. You can present evidence on your behalf, including documents, receipts, invoices, canceled checks, videotapes, recordings or witnesses. Having a witness appear in person carries more weight than a notarized letter or affidavit. The judge may question you, the plaintiff, and any witnesses.
Decision
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After the trial, the judge will take into account all the evidence and testimony before making a decision. If the judge rules you do not owe the debt, he will dismiss the case. Alternatively, if the judge rules in favor of the plaintiff, he may award a partial amount or the full amount requested in the claim. The judge then enters a "judgment" against you.
Appeal
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If the verdict comes out that you owe the debt, you have a right to ask the judge to "reconsider" the decision or you can file an appeal within 30 days from the date of judgment. You can do so by filing a "Notice of Motion" and a "Motion to Reconsider." You will have to serve a copy of these documents to the judge and other person. The other party also has the right of appeal.
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References
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