An Illinois Small Claim Complaint is a legal document filed in an Illinois court to initiate a dispute resolution process for certain types of claims. These claims must be for a fixed amount of money not exceeding $10,000. Illinois Small Claim Complaints are generally used when the amount in dispute is too small to warrant the high cost of a civil lawsuit. There are two types of Small Claim Complaints: (1) a Small Claim Complaint without jury demand and (2) a Small Claim Complaint with jury demand. Both types are typically adjudicated by a judge without the assistance of a jury. The plaintiff in a Small Claim Complaint must provide evidence and testimony to prove their claim. The defendant, in turn, must provide evidence and testimony to refute the plaintiff's claim.
Illinois Small Claim Complaint
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How to fill out Illinois Small Claim Complaint?
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Use our Small claims complaint Easy Form program to fill out the forms you need. Blank forms are available on the Illinois Courts website. The Complaint describes your claim against the defendant. If you have any documents to support your claim, attach copies to your Complaint.
If the amount in controversy is above $10K AND you choose to sue in "small claims," then you are waiving or forfeiting the right to recover amounts above $10K. The better approach is to sue in the regular division of the court.
5 years from the date of the broken contract to file a claim for breach of contract against someone with whom you have a contract with that is not in writing, and. 10 years from the date of the broken contract to file a claim for breach of contract against someone with whom you have a written contract.
Plaintiffs may seek monetary damages only up to $3,000.00. Defendants can defend against the complaint either pro se or with an attorney. If the defendant appears with a lawyer, the plaintiff has the right to hire an attorney, and the case remains in the Pro Se Branch of the Small Claims Court.
O Small Claims Court is a place where you can sue a person or business, if the amount you are seeking is $10,000 or less.
To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. If the amount of money you are asking for is $2,500.00 or less, the filing fee is $89.00. If the amount of money exceeds $2,500.00 but not more than $10,000.00 the filing fee is $225.00.
A few ways include taking money from the debtor's bank account or garnishing the debtor's wages. Sometimes, the creditor doesn't know where the debtor works or where they have a bank account. Then, the creditor can use a Citation to Discover Assets to find out this information.