Common types of small claims cases include breach of contract, failure to pay back a loan, or damages resulting from an accident. [3] X Research source Your complaint must include enough information to show a legal claim. The elements of the law that governs your dispute provide an outline for determining the facts you must prove to win your case. For example, if you have a personal injury claim, you must prove that the defendant failed to fulfill some duty to you, that an accident was caused by this failure, and that you were injured as a result of the accident. [4] X Research source Illinois small claims courts only award monetary damages – you cannot get the court to order the person you’re suing to do something or stop doing something. You also must be able to prove that the defendant owes you the amount of money you’re claiming. For example, if you wish to sue for injuries you sustained in an auto accident, copies of your medical bills would prove at least a portion of your damages.
Sometimes you may have a choice of courts to file your claim. For example, if you were in a car accident in Chicago, but the other driver lives in Peoria, you would have the choice of filing your claim either in Cook County or in Peoria County. In such a situation, you may file your claim in whichever court is more convenient for you. Keep in mind that you won’t necessarily lose your case if you file in the wrong court. Typically the court will dismiss it and give you the opportunity to refile your claim in the correct court. However, making this mistake can cost you time as well as doubling your court costs. [6] X Research source Your claim must be for less than $10,000 to file in small claims court in Illinois. If your claim is less than $3,000 and you plan on representing yourself rather than hiring an attorney, you may be able to use the pro se court. [7] X Research source The claim limit for pro se court is $3,000 in Cook County, but may be higher in other counties. [8] X Research source The amount of your claim does not include any interest or court costs. [9] X Research source For example, if you loaned your neighbor $10,000 and he has not paid you back, you may sue him in small claims court for $10,000 plus interest on the loan, plus court costs.
The amount of time you have to file your lawsuit differs depending on what kind of claim you have. For example, if you have a personal injury claim, you only have two years to file. However, if you want to file a claim against someone for breach of a written contract, you have ten years. [10] X Research source
You must make sure you have the correct address for the person you want to sue, as well as the correct legal name of the individual or business. If you don’t have the correct address, you may not be able to provide them with legal notice of the lawsuit, which could result in your claim being dismissed. [11] X Research source If you’re suing an individual person, you must use his or her full legal name. If they are known by more than one name, you should list both. For example, suppose you were in a car accident with a woman who was engaged at the time the accident occurred. Her name at the time was June Carter. However, now that she’s married, she’s changed her name to June Carter Cash. You would list her as the defendant in your legal documents as “June Carter Cash f/k/a June Carter,” meaning that she was formerly known by her maiden name at the time of the accident. [12] X Research source If you’re suing a business, you must use the business’s legal name and list the business’s registered agent. When you have your small claims forms delivered to the business, they will be delivered at the address listed for the business’s registered agent. [13] X Research source You can find out a business’s legal name by conducting a search of the online databases of the Secretary of the State of Illinois, or by calling the office at (217) 782-6961. [14] X Research source If the business isn’t incorporated, you must name the business as well as the individual owner of the business using the abbreviation “d/b/a,” which stands for “doing business as. “[15] X Research source For example, if you slipped on a banana peel and want to sue the owner of the unincorporated banana stand, you might list the defendant as “Harry Belafonte d/b/a Day-O Bananas. " If you can’t find the business owner’s name by looking at business cards or other information you have about the business, you can call the county clerk’s office or Chamber of Commerce in the county where the business is located and ask to search through their assumed name index. [16] X Research source
You do need an attorney if you are under the age of 18. In addition, if you are filing on behalf of your business and you have incorporated your business, you also must be represented by a licensed attorney. [17] X Research source
To begin your claim, you will need a summons and a complaint form. [18] X Research source It’s a good idea to review these forms before you start filling them out to make sure you have all the information you need.
You must include your address and phone number on the forms. If either of these change at any time before you receive the judge’s decision on your claim, you must let both the court and the defendant know the new information so you can be contacted if necessary regarding your claim. [19] X Research source If your claim deals with a written contract or agreement you made with the defendant, you must attach a copy of that agreement to your complaint form. You also may attach other documents such as bills or receipts that provide proof of your allegations. [20] X Research source
If you want a jury, you must pay a fee of $12. 50 for a six-person jury or $25 for a 12-person jury. [21] X Research source You should keep in mind that jury trials will be more complex and take much more time. If you think you want a jury trial, you might consider consulting an attorney to get further legal advice on how you should proceed. [22] X Research source
If you’re suing more than one person, you must make a copy for each of them. If you attached copies of any documents such as receipts or contracts to your complaint, those documents must be attached to the other copies as well. [23] X Research source
The filing fee for small claims court is set by each county board, and varies depending on the population of the county where the court is located, but is generally less than $250. [24] X Research source [25] X Research source Although the filing fees must be paid in advance, you typically can include court costs in your damages and get the money back from the defendant if you win your case. However, if you can’t afford to pay the fees up front, you also can ask the clerk for an application for a fee waiver. You’ll have to provide information about your income and assets to prove to the court that you can’t afford the fees. [26] X Research source When you file your claim, the clerk will assign a case number. Make note of this number as you will need it later when talking to the clerk or other court staff about your case. [27] X Research source
Often you will have the option of having the paperwork delivered to the defendant using certified mail. For a fee of typically around $2, the clerk will mail a copy of your forms to the defendant at the address you included on your summons and complaint. [28] X Research source [29] X Research source You also may have a sheriff’s deputy hand deliver your claim to the defendant. If you choose this option, you are responsible for getting the required copies of the forms to the sheriff’s department in the county where the defendant resides. [30] X Research source
Keep in mind that even if the defendant doesn’t show up on the return date, you still must prove the amount of money the defendant owes you to get a default judgment for that amount. Organize your copies of all the forms you’ve filed with the court, as well as any documents such as receipts or contracts that you attached to those forms. Keep these documents organized and together in one place so you can easily access them when you’re in court. [31] X Research source
Typically this day will be between 28 and 40 days from the date you filed your claim. [33] X Research source If you filed your small claim in Cook County, you don’t have to go to court on your return date. However, if you filed in any other county in Illinois, you typically are required to appear in court on the return date. [34] X Research source Generally, if you miss your return date the judge will dismiss your case. If both you and the defendant fail to appear, the judge may reschedule your case and give you one more chance to show up. However, if you don’t appear on your second date, your case will be dismissed. [35] X Research source On the return date, the judge will go through the facts of your case and ask the defendant if he or she admits or denies the claims in your complaint. It’s often possible to reach a settlement of your claim at this time without having a full hearing. [36] X Research source [37] X Research source In the event the defendant has not responded to your lawsuit and does not appear on the return date, you may win a default judgment. You must bring proof of service so the judge knows that the defendant had proper notice of your claim. [38] X Research source
Small claims hearings are open to the public. You might consider going to court before your court date and watching a few hearings to familiarize yourself with the process. [39] X Research source Write down a list of what happened, including as many facts as possible. [40] X Research source Stick to the facts and avoid emotional impressions or personal opinions about the defendant. For example, if you’re suing a former business associate for breach of contract, you might include the fact that the defendant told you he would pay you on October 20, but a month has passed and he still has not paid you. However, you wouldn’t want to say he lied to you. The judge will be able to figure that out. If you have any documents you intend to use as evidence at your hearing, you should bring enough copies to distribute them to the judge and the defendant. [41] X Research source If you have any physical evidence of damage, you should plan on bringing that with you as well. If the item is too large to carry with you to court, take photographs of the damage. Make sure your photos are clearly dated and identified. [42] X Research source Since you will have to speak before the judge and tell your story, you should practice what you’re going to say several times so you feel confident and comfortable going into the hearing. You might also consider giving your speech in front of a friend or family member who can give you pointers on how you sound and whether your explanation makes sense. [43] X Research source Due to the simplified procedures in small claims court, you can’t get documents or other evidence from the other side without first asking for a court order. Try to get as much information as you can on your own. [44] X Research source
For example, if you are suing the other driver for damage to your car as a result of an accident, you might want to bring a mechanic as a witness to testify as to the extent of the damage and the repairs that needed to be made. [45] X Research source If anyone you want to use as a witness isn’t willing to appear at your hearing voluntarily, you can have the court issue a subpoena requiring the person to appear. You’ll have to fill out a request form and pay a fee for each subpoena issued. [46] X Research source If you decide to bring witnesses, meet with them at least once or twice before the hearing is scheduled to go over your case and the questions you want to ask. You also can brainstorm with your witnesses to come up with possible questions the other side might ask, and what their answers will be. [47] X Research source
Make sure you get to the court house early so you have plenty of time to go through security and find your courtroom. Then take a seat in the gallery until the judge calls your case. [48] X Research source Check court rules beforehand to make sure you don’t bring personal items such as mobile phones that aren’t allowed in court.
Tell the judge what happened using the list of facts you prepared. Speak only to the judge, not to the defendant. After you make your statement about your dispute, you will have the opportunity to present your evidence or call your witnesses. [49] X Research source If you call any witnesses, the other side also will have the opportunity to ask them questions. At any time during your presentation, the judge may ask you questions to clarify something you’ve said. If the judge asks you a question, you should stop talking immediately. Listen to the judge’s question and answer it briefly and completely.
Don’t interrupt or ask questions directly to the defendant. If the defendant calls witnesses, you also will have the chance to ask them questions, but don’t interrupt while the defendant is questioning them.
If the judge rules in your favor, you may have to go to court again to enforce your judgment. This process allows you to take money from the defendant’s bank accounts or paycheck if he or she doesn’t pay you the amount the judge awarded you. [50] X Research source If you lose your case, you have 30 days to appeal the judge’s decision. After that 30-day period, the decision becomes final. [51] X Research source
