An Illinois Small Claim Complaint is a legal document used to start a small claim lawsuit in the state of Illinois. The complaint is filed in the Circuit Court of the county in which the defendant resides. It is used to resolve disputes between individuals or businesses for claims of up to $30,000. A Small Claim Complaint is a simplified legal process that does not require an attorney to file, although an attorney can help you prepare the complaint and represent you in court. There are two types of Illinois Small Claim Complaints: 1) Claim for Money only; and 2) Claim for Possession of Personal Property. The Claim for Money only is used when you are seeking money from the defendant such as unpaid rent, unpaid wages, or damages. The Claim for Possession of Personal Property is used when you are seeking the return of a specific item, such as a laptop, car, or jewelry.
Illinois Small Claim Complaint
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How to fill out Illinois Small Claim Complaint?
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FAQ
If you fail to appear in small claims court for your Illinois small claim complaint, the judge may issue a default judgment against you. This means the other party may win their case automatically due to your absence. It is essential to understand your rights and responsibilities in court, as missing a date could significantly impact your claim. Always try to inform the court if you cannot attend, as this may help mitigate the consequences.
For lawsuits against the state, a person must give notice within one year, and the deadline for filing the lawsuit is two years. There is a shorter deadline ? one year ? for wrongful death claims.
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.
O Small Claims Court is a place where you can sue a person or business, if the amount you are seeking is $10,000 or less.
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.
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.
The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $40 and a maximum of $160 $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10.
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.
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. If you pay the filing fee, you can apply to have your fee waived.