How to Sue for Slander in Small Claims Court in Illinois

Judge gavel

Illinois' small claims court hears civil cases and rules on monetary judgments. Claims that amount to $10,000 or less can be heard in small claims court. Slander, or defamation of character, that proves to be a false statement can be grounds for a lawsuit. Defamation of character in the state of Illinois as it pertains to statements assumed to harm the reputation of a person, cause injury to a job, business or trade is known as defamation per se. The statement made by the defendant, the person being sued, must be proven false by the plaintiff in order for it to be slander.

Things You'll Need

• Small Claim Complaint & Summons Form
• Court Filing Fees
• Notary Public
• County Information
• Defendant contact & mailing address info
• Supporting documents

Instructions

Small Claims Court IL

1. Go to the circuit clerk's office in the county where the defendant resides or where the slander incident took place. Obtain the small claims complaint and summons form from a clerk. Small claims forms can also be found online in the Cook county area at http://www.cookcountyclerkofcourt.org/.

2. Fill out the small claims forms in their entirety. Accurate contact information for the defendant must be provided, full name and mailing address. A full description of the details of the slander incident will need to be provided and how much money the defendant is being sued for will also need to be stated. Attach supporting documents to the small claims forms.

3. Locate a notary public. In Illinois you can find a notary public in banks, courthouses and currency exchanges. Sign your claim forms in front of the notary public and pay the fee to have the forms notarized.

4. Take the completed notarized forms back to the circuit court clerk and request to file the complaint. A filing fee will have to accompany the forms in order to begin the process. Indicate how you want to notify the defendant. Sending a certified notice by mail is one choice or having the notice served by an Illinois sheriff is the other. Both will incur additional fees.

5. Select a court date or return date for the trial. A judge trial is no additional cost; the fee is included in the initial filing fees. A trial by jury costs $12.50 per judge for six judges and $25 per judge for 12 jurors. This must be decided when filing your complaint. After a trial date is set, begin preparing for the trial. Summon witnesses; obtain evidence to support the claim, copies of the publication where the slander occurred and other backup documents to justify the requested amount being sued for.

6. Show up on the day of trial with all necessary documents to help prove the claim. Failure to appear on the date of the trial by the plaintiff will result in the claim's being dismissed. Fees will not be refunded. If the defendant doesn't show up on the assigned trial date after properly being notified, the judge can postpone the trial to a future date, which is called a continuance, or decide to rule on behalf of the plaintiff.

Tips & Warnings

• When dealing with written statements, it is better to ask the other parties involved to be present on the date of the trial.

References

• IL Law of Defamation
• IL Small Claim Suits

Resources

• Free Legal Advice by State