Illinois Small Claims Complaint

State:
Illinois
Control #:
IL-SKU-2472
Format:
PDF
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Description

Small Claims Complaint

An Illinois Small Claims Complaint is a legal document used to start a case in the Illinois small claims court system for the recovery of money or the return of personal property. This type of complaint is used when the amount in dispute is less than $10,000. The complaint is filed in the Circuit Court of the county in Illinois where the defendant (the person or business against whom the complaint is filed) resides or where the cause of action took place. There are two types of Illinois Small Claims Complaints: the Original Complaint and the Counter-Complaint. The Original Complaint is when the plaintiff (the person filing the complaint) is suing the defendant for money or the return of property. The Counter-Complaint is when the defendant is suing the plaintiff for a different reason. Both types of complaints must include the name and address of the plaintiff and defendant, the amount in dispute, and a description of the cause of action.

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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.

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.

Outside of divorce, an Illinois spouse can sue their ex because of their bad behavior. Specifically, a spouse or ex-spouse can sue their spouse or ex-spouse for intentional infliction of emotional distress. Intentional infliction of emotional distress is a tort created by the courts.

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.

?In order to maintain a claim for intentional infliction of emotional distress (IIED), you must show: that the conduct of the defendant was extreme and outrageous; that the defendant intended to cause you severe emotional distress or knew that there was a high probability that his conduct would cause such distress; and.

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

We agree that the applicable statute of limitations for intentional infliction of emotional distress is two years, because the tort is a form of personal injury.

More info

To initiate a small claims case, you must file a complaint with the Clerk's Office in Room 837. Be sure to fill in the form completely.A small claims complaint must be filed in the municipal or county court having jurisdiction. There are online programs to fill out the forms. Download and complete Small Claims Complaint from the Illinois Office of the Courts. A small claims case is filed in the clerk of superior court's office in the appropriate county. Small claims complaint forms are available at the Court and on this web site. You can access them through the Forms section near the bottom of this page. Before you complete your Small Claims Complaint, please read the following. Time employee of the plaintiff. 5.

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Illinois Small Claims Complaint