Illinois Small Claim Complaint

State:
Illinois
Control #:
IL-NSKU-3209
Format:
PDF
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Description

Small Claim Complaint

An Illinois Small Claim Complaint is a legal document filed in an Illinois court in order to initiate a lawsuit over a dispute involving a sum of money that is not more than $30,000. The purpose of a Small Claim Complaint is to seek a monetary judgment in order to resolve the dispute. There are two types of Illinois Small Claim Complaints: (1) Dispossessed Complaint, which is used to resolve disputes over the possession of property (e.g. an apartment or house); and (2) Monetary Complaint, which is used to resolve disputes over a sum of money that is less than $30,000. The Complaints are usually filed in the county where the defendant resides or where the dispute took place.

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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.

Filing fees generally are not more than $250. You may also need to pay a small fee for serving the defendant. If you win your case, you can usually have the defendants pay for your court costs. If you pay the filing fee, you can apply to have your fee waived.

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.

For lawsuits against the state, a person must give notice within one year, and the deadline for filing the lawsuit is two years. There is a shorter deadline ? one year ? for wrongful death claims.

Garnishments to enforce judgments from funds owed to debtors. The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00.

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.

The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $40 and a maximum of $160 $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10.

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.

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Illinois Small Claim Complaint