Illinois Small Claim Summons is a legal document used to initiate a lawsuit in state court. It is a writ issued by a court clerk or judge that informs the defendant that they are being sued and provides the details of the lawsuit. The summons must be served on the defendant to initiate the lawsuit. There are two types of Small Claim Summons: Service by Publication and Personal Service. Service by Publication is used when the defendant cannot be found or is out of state. Personal Service is used when the defendant can be found and served with the summons. The summons provides the plaintiff and defendant with information on the court where the case will be heard, the date of the hearing, and the amount of damages being sought.
Illinois Small Claim Summons
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Small Claim Summons
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Failing to show up in small claims court in Illinois can result in a default judgment against you. This means the court may rule in favor of the other party without hearing your side of the story. To protect your interests, it is essential to attend your scheduled court date or seek assistance from US Legal Forms for managing notices and understanding your rights regarding the Illinois Small Claim Summons.
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.
If the debtor still doesn't pay, then the creditor can come back to court to collect the money. There are several ways for the creditor to collect the money from the debtor. A few ways include taking money from the debtor's bank account or garnishing the debtor's wages.
For example, the Illinois statute of limitations is ten years for written contract cases and five years for oral contracts. You must bring personal injury cases within two years, and property damage matters within five years.
In Illinois, you must respond with an Appearance form and an Answer form. The Appearance document is a statewide form that declares you plan to appear in court. It lets you choose if you want a trial with just a judge or one with both a judge and jury.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
The most common way to serve a summons is to get the sheriff to do it. A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee.
If you deny the claims, a trial will be scheduled; If you admit the claims, a judgment will be entered against you; or. If you do not show up, a default judgment will be entered against you.
Rule 101(b)(1) summons must be served at least 21 days before the appearance date.