Illinois Small Claim Complaint

State:
Illinois
Control #:
IL-NSKU-1180
Format:
PDF
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Description

Small Claim Complaint

An Illinois Small Claim Complaint is a legal form used to start a civil claim in the Circuit Court of Illinois. This complaint is used when a person or business is owed money or property valued up to $20,000, or if the claim is for damages that do not exceed $20,000. The Small Claim Complaint is a document that outlines the facts of a case, including the amount of money owed, and is filed with the court. There are three types of Small Claim Complaint forms in Illinois: General Small Claim, Repletion (Claim for Property), and Appeal of Arbitrator Award. The General Small Claim form is used when a person or business is owed money or property that is valued up to $20,000. The Repletion form is used when a person or business is claiming ownership of personal property valued up to $20,000. The Appeal of Arbitrator Award form is used when a person or business is appealing an arbitrator’s award for an amount up to $20,000.

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FAQ

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.

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.

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.

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 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.

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.

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.

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Illinois Small Claim Complaint