Small Claims Court handles small matters usually not exceeding a certain dollar amount in value. This form, a Small Claims Complaint, can be used to accomplish the named purpose in small claims court in the designated state. Adapt the language to the facts and circumstances of your case. This form is for use in Will County, Illinois. If you plan to use this form in another Illinois county, please check with the Clerk's office to be certain that this form will suffice.
Illinois Small Claims Complaint
State:
Illinois
Control #:
IL-WSMC-001
Format:
PDF
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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.
To recover a security deposit. To recover unpaid rent after a tenant vacates a property. To recover for medical bills after an injury accident. To recover money spent to repair or replace damaged or destroyed personal property. To recover a relatively small, unpaid debt.
If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit.You won't be able to sue for the full amount, but you'll avoid the expense of a regular lawsuit. The small claims filing fee varies from state to state.
Your filing fees in a small claims case depend on the amount you are suing for. 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 .
Filing Deadline in Illinois's Small Claims Courts The statute of limitations for Illinois cases 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.
Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.
Small claims court is a civil court where you can sue someone for $10,000 or less. It has simplified rules and can go much faster than other types of cases. The person bringing the claim is the plaintiff. The person being sued is the defendant.
Go to the courthouse. List your name as the plaintiff. The party you are suing is called the defendant. List the amount of money you request as damages. Include a brief explanation about why you are suing the defendant. The clerk will assign a number to each small claim case.