Illinois Small Claims Complaint

State:
Illinois
Control #:
IL-NSKU-0453
Format:
PDF
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Description

Small Claims Complaint

An Illinois Small Claims Complaint is a legal document that is filed in the Illinois Circuit Court or the Illinois County Court. It is used by a person or a business to make a claim for a debt or damages up to $10,000. This type of complaint is also called a claim for damages or a demand for judgment. The complaint is usually served on the defendant by a process server or the sheriff. There are two types of Illinois Small Claims Complaint: a Complaint for Money and a Complaint for Possession. The Complaint for Money is used to recover money owed to the plaintiff, while the Complaint for Possession is used to regain possession of an item or property that is being held by another party.

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FAQ

If you fail to appear for your small claims hearing, the court may dismiss your Illinois Small Claims Complaint or rule in favor of the other party. It's essential to notify the court if you cannot attend and to seek rescheduling. Missing your court date can significantly impact the outcome of your case, so make every effort to be present.

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.

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.

We agree that the applicable statute of limitations for intentional infliction of emotional distress is two years, because the tort is a form of personal injury.

Outside of divorce, an Illinois spouse can sue their ex because of their bad behavior. Specifically, a spouse or ex-spouse can sue their spouse or ex-spouse for intentional infliction of emotional distress. Intentional infliction of emotional distress is a tort created by the courts.

Small Claims court is a place for the speedy trial of lawsuits (complaints) based upon contract or tort (breach of a legal duty) seeking $10,000 or less. Filing and pre-trial procedures are simplified compared to other lawsuits.

Illinois courts have recognized a distinct cause of action for negligent infliction of emotional distress. In addition, emotional distress may be an element of damages in a separate tort action.

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

?In order to maintain a claim for intentional infliction of emotional distress (IIED), you must show: that the conduct of the defendant was extreme and outrageous; that the defendant intended to cause you severe emotional distress or knew that there was a high probability that his conduct would cause such distress; and.

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Illinois Small Claims Complaint