Illinois Small Claims Summons

State:
Illinois
Control #:
IL-SKU-3837
Format:
PDF
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Description

Small Claims Summons

Illinois Small Claims Summons is a form used to start a small claims court case in the state of Illinois. It is the legal document that officially starts a lawsuit, and serves as notice to the defendant that they are being sued. It is the responsibility of the plaintiff to have the Illinois Small Claims Summons delivered to the defendant, usually by a sheriff or certified process server. The Illinois Small Claims Summons includes the name of the court, case number, the names of the parties involved, the amount of money being claimed, and a date for the defendant to appear in court. It also contains a court order requiring the defendant to respond to the lawsuit within a certain time frame, typically 30 days. There are two types of Illinois Small Claims Summons: Original Summons and Notice of Suit. The Original Summons is used when the parties are unknown or the defendant’s address is uncertain. The Notice of Suit is used when the parties are known and the defendant’s address is known.

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FAQ

The receipt for certified or registered mail shall state the name and address of the addressee, and the date of mailing, and shall be filed by the clerk.

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 some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.

Every kind of service (Routine, Rush, and Same-Day) begins with an Illinois process server making up to three (3) efforts to deliver the legal documents, with the only variable being the timeframe of the attempts.

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 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.

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.

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Illinois Small Claims Summons