Illinois Summons Small Claims is a legal document used to initiate court proceedings for a civil dispute in the state of Illinois. This document is also known as a “Summons and Complaint” and is issued by the clerk of the court. It informs the defendant of the lawsuit and the amount of the claim. It also contains instructions for the defendant, including where to file a response, and the date of the hearing. There are two types of Illinois Summons Small Claims: original summons and amended summons. The original summons is used when filing a lawsuit for the first time, while the amended summons is used when amending or refiling the lawsuit. Both documents must be properly completed and served upon the defendant in accordance with the applicable laws of Illinois.
Illinois Summons Small Claims
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How to fill out Illinois Summons Small Claims?
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FAQ
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.
Rule 101(b)(1) summons must be served at least 21 days before the appearance date. A rule 101(b)(1) summons covers all summons for actions less than $50,000 and mandatory arbitration cases, Rule 101(b)(2) and (b)(3) summons must be served at least 3 days before the appearance date.
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.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
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.
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 have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.