Illinois Small Claims Complaint is a legal document that is used to initiate an action in the state of Illinois small claims court. This document is used by an individual or business to seek a monetary judgment against another individual or business. The Illinois Small Claims Complaint typically outlines the amount of money that the plaintiff is seeking to recover, as well as any other relevant details of the dispute. Depending on the type of claim, the Illinois Small Claims Complaint may also include counterclaims or requests for injunctive relief. There are two main types of Illinois Small Claims Complaint: Repletion Complaint and Debt Collection Complaint. A Repletion Complaint is used when a plaintiff seeks to recover possession of personal property or goods that have been wrongfully taken or withheld from them. A Debt Collection Complaint is used when a plaintiff seeks to recover a monetary debt or other contractual obligation from another party.
Illinois Small Claims Complaint
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How to fill out Illinois Small Claims Complaint?
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FAQ
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.
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.
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.
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.
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.
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.
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.