An Illinois Small Claims Complaint is a legal document filed in a court of law that requests money damages up to $10,000. It is filed in a Circuit Court, an Associate Circuit Court, or a County Division of the Circuit Court in the state of Illinois. The complaint is used when an individual or business wishes to resolve a dispute with another individual or business. There are two types of Illinois Small Claims Complaint: an Original Complaint and a Counterclaim. An Original Complaint is used when an individual or business wishes to initiate a lawsuit against another individual or business. The Counterclaim is used when the defendant in an Original Complaint wishes to file a legal response to the lawsuit. Both Complaints must be filed according to the rules of the court in which the case is being heard.
Illinois Small Claims Complaint
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How to fill out Illinois Small Claims Complaint?
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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.
Illinois courts have recognized a distinct cause of action for negligent infliction of emotional distress. In addition, emotional distress may be an element of damages in a separate tort action.
Small Claims court is a place for the speedy trial of lawsuits (complaints) based upon contract or tort (breach of a legal duty) seeking $10,000 or less. Filing and pre-trial procedures are simplified compared to other lawsuits.
Under Illinois law (735 ILCS 5/13-202), you have two years from the date of the accident to file a personal injury claim in most cases. Crucially, this is the deadline to file a claim in court?not the deadline to file with the insurance companies.
For example, the Illinois statute of limitations 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.
If you deny the claims, a trial will be scheduled; If you admit the claims, a judgment will be entered against you; or. If you do not show up, a default judgment will be entered against you.
The general rule is that you have five years to sue on an unwritten (oral) contract or agreement and ten years on a written contract. It's common to have an exception to the five- and ten- year rules when a contract dispute falls into another category.
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.