Illinois Small Claims Motion is a legal action used to resolve disputes involving debts and other claims under $10,000. This motion is generally used when a person believes they are owed money or has a claim of damage against another party. It is an economical and efficient way to resolve disputes without having to resort to a full-blown civil trial in court. The Illinois Small Claims Motion can be used to recover money, property, or other damages from a person or business entity. There are two types of Illinois Small Claims Motion: Claim and Delivery Motion and Money Judgment Motion. A Claim and Delivery Motion is used to obtain a court order requiring a defendant to return goods or property that the plaintiff believes they are entitled to. A Money Judgment Motion is used to obtain a court order requiring the defendant to pay a certain amount of money to the plaintiff.
Illinois Small Claims Motion
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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.
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.
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.
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.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
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.