An Illinois Small Claim Complaint is a legal document that is used to file a civil claim for an amount of money that is less than $10,000. This type of complaint is filed in a county court and is generally used for disputes between individuals, businesses, or other entities. The complaint must accurately describe the nature of the dispute, the amount of money being claimed, and any other relevant information. There are two types of Illinois Small Claim Complaint: (1) Pro Se, which is a complaint that is filed by a person representing themselves; and (2) Represented, which is a complaint that is filed by an attorney representing a party. Both types of complaints must be verified and signed before they can be filed with the court.
Illinois Small Claim Complaint
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Small Claim Complaint
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.
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.