The Illinois Small Claims Manual is an online resource for individuals and businesses that allows them to submit and resolve small claims disputes in the state of Illinois. It provides step-by-step instructions on how to file a small claims claim in Illinois courts, as well as information on applicable fees, limitations, and legal rights. The Illinois Small Claims Manual also contains a variety of helpful resources, such as sample forms, FAQs, and contact information for local court clerks. The manual is divided into three main categories: the General Small Claims Process, the Small Claims Process for Businesses, and the Small Claims Process for Individuals. The General Small Claims Process covers topics such as filing a claim, serving notice of the claim, and responding to a claim. The Small Claims Process for Businesses addresses issues such as obtaining a judgment, collecting a debt, and filing a counterclaim. Finally, the Small Claims Process for Individuals provides information on filing a claim, appealing a judgment, and enforcing a judgment.
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.
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.
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.
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.
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.
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.
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.
