How to File a Small Claims Suit in Illinois

You may file a case in an Illinois small claims court if the claim is $10,000 or less.

Any individual or resident company may file a small claims case in Illinois if the total amount of reparation is $10,000 or less. The court attends to specific types of cases, including evictions, breach of contract, repossession of property and garnishments. You can present your own case without an attorney. However, according to information on the website for the Illinois attorney general, you may have a better chance of winning the case with an attorney if the defendant has an attorney.

Instructions

1. Complete a complaint form and a summons form. Some of the information required on the forms include your name and address, the defendant’s name and address, a summary of the case and the amount you are suing for. You can obtain these forms from the clerk at a small claims court.

2. Submit the forms and pay the filing fee. The amount varies by county. The clerk will assign a number to the case that you will use to refer to the case when dealing with court officials. The court will set a date for the hearing.

3. Serve the defendant. You can have the defendant served by certified or standard mail. The court will mail the forms on your behalf, but you must pay for this service. You can also have the forms served by an official authorized to do so, such as a sheriff.

4. Go to the court on the day of the hearing. The judge will listen to you and the defendant and then issue a judgment.

References

• Illinois Attorney General: Small claims court