The Illinois Small Claims Manual is a comprehensive resource for individuals and businesses in the state of Illinois who want to file a case in small claims court. It is designed to help litigants understand the process of filing and settling a case in the small claims court. The manual outlines the procedures for filing a case, the applicable laws and rules, and the court's procedures and practices. It also provides information on collecting a judgment, appealing a decision, and other useful information. The manual is published by the Illinois Supreme Court and is available for purchase online or in print form. There are three types of Illinois Small Claims Manual: the General Edition, the Simplified Edition, and the County Edition. The General Edition contains all the information relevant to small claims cases in the state of Illinois. The Simplified Edition focuses on the basics of filing and settling a case in small claims court. The County Edition provides information specific to each county in Illinois.
Illinois Small Claims Manual
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FAQ
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.
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.
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.
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.
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.
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.
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.
