Illinois Small Claims Forms

Illinois Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Illinois Small Claims Forms

  • Which of the following case types does small claims court not hear?

    Small claims court typically does not hear cases involving divorce, custody disputes, or appeals from other courts. These case types are beyond the jurisdiction of small claims courts, which focus on more straightforward monetary disputes. When preparing your case, using Illinois Small Claims Forms can help clarify the eligible claims. It is wise to check local regulations to ensure your case fits the small claims criteria.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents like contracts, receipts, photographs, or any records that prove your claim. Witness testimonies can also play a crucial role in your case. Utilizing Illinois Small Claims Forms can help ensure you gather and present your evidence effectively. Aim for a clear, organized presentation of your facts to make a strong impression.

  • Can you sue for emotional distress in small claims court?

    Yes, you can sue for emotional distress in small claims court, but it can be complex. You must provide clear evidence linking the distress to the actions of the defendant. Illinois Small Claims Forms can guide you through the necessary documentation to support your case. Consider gathering relevant details and testimonies to strengthen your claims.

  • What is the small claims limit in North Carolina?

    In North Carolina, the small claims limit is $10,000. This means you can seek damages up to that amount without needing an attorney. If you want to file a claim for less than this amount, using Illinois Small Claims Forms can simplify the process. Make sure your claim falls within this limit to ensure the best chance for a resolution.

  • What is the maximum you can sue for in small claims court in Illinois?

    In Illinois, the maximum amount you can sue for in small claims court typically ranges from $2,500 to $10,000, depending on the jurisdiction. It is essential to check the specific limits that apply to your case, as these can vary. Understanding these limits and utilizing Illinois Small Claims Forms can streamline your claim process. This knowledge assists you in setting realistic expectations for your case.

  • How to represent yourself in small claims court?

    Representing yourself in small claims court involves preparing your case thoroughly. Start by gathering all necessary documentation, including evidence supporting your claim. Illinois Small Claims Forms offer templates that can help you outline your case effectively. Practice outlining your arguments clearly, as this will help you present your position confidently in front of the judge.

  • Is it worth going to small claims court for $500?

    Whether to pursue a claim for $500 in small claims court can depend on various factors, including the time and effort required. Small claims court provides an accessible option for individuals seeking resolution without extensive legal fees. Utilize Illinois Small Claims Forms to guide your process, ensuring your case is organized. Weigh the potential outcomes against your investment of time.

  • What can you not sue for in small claims court?

    Certain matters cannot be pursued in small claims court in Illinois, such as cases involving defamation or claims against the government. Additionally, you usually cannot sue for more than the established limit for small claims, which varies by district. Make sure to review the guidelines associated with Illinois Small Claims Forms to identify what is permissible. Understanding these restrictions can save you time and effort.

  • Can you have a lawyer in small claims court in Illinois?

    Yes, you can have a lawyer in small claims court in Illinois, although it is not common. Many people choose to represent themselves, which can make the process quicker. If you prefer legal representation, ensure your lawyer is familiar with the Illinois Small Claims Forms and procedures. This knowledge helps in presenting a strong case.

  • Are lawyers allowed in small claims court in Illinois?

    In Illinois, lawyers are allowed in small claims court, but their role may be limited. Typically, the court encourages individuals to represent themselves to keep the process informal. If you feel uncertain, having legal representation can help clarify your case. Explore Illinois Small Claims Forms for resources that may guide you through self-representation effectively.