Illinois Small Claims Guide

State:
Illinois
Control #:
IL-SKU-2800
Format:
PDF
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Description

Small Claims Guide

The Illinois Small Claims Guide is a resource for individuals and entities who wish to file a small claims case in a court of law in the state of Illinois. It provides information on the procedures and rules associated with filing and litigating a small claims case in Illinois, including filing fees, service of process, discovery, and settlement. The Guide outlines the types of cases that can be filed as a small claim and the differences between small claims and other types of civil cases. Additionally, the Guide includes forms and instructions for filing a small claim in Illinois and provides information on court location, hearing dates, and appeals. The Illinois Small Claims Guide is available online as well as in print, and can be accessed at the Illinois Supreme Court website. There are two main types of Illinois Small Claims Guide: the General Small Claims Guide and the Special Small Claims Guide. The General Small Claims Guide includes information on filing, service of process, and the procedure for litigating a case in Illinois. The Special Small Claims Guide includes information on specific types of cases, such as landlord-tenant disputes, debt collection, breach of contract, and small business disputes.

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FAQ

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.

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.

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.

The general rule is that you have five years to sue on an unwritten (oral) contract or agreement and ten years on a written contract. It's common to have an exception to the five- and ten- year rules when a contract dispute falls into another category.

Under Illinois law (735 ILCS 5/13-202), you have two years from the date of the accident to file a personal injury claim in most cases. Crucially, this is the deadline to file a claim in court?not the deadline to file with the insurance companies.

For example, the Illinois statute of limitations is ten years for written contract cases and five years for oral contracts. You must bring personal injury cases within two years, and property damage matters within five years.

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.

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Illinois Small Claims Guide