What Is a Small Claims Court in Illinois?
Illinois Small Claims Courts are civil courts where aggrieved parties may file lawsuits against other parties. The petitioning party, or the party who files the lawsuit, is the plaintiff. The party that the plaintiff sues is the defendant. Small Claims Court cases involve no more than $10,000. In Illinois, the Small Claims Court is a division of the Circuit Court, which is the state’s trial court. Small Claims Courts hear cases of:
- Contract breach
- Torts
- Landlord/tenant disputes
- Personal injury
- Property damage
- Property repossession
- Judgment enforcement
How do Illinois Small Claims Court Work?
Illinois Small Claims Court exists to quickly settle civil matters or small claims cost-effectively. The Supreme Court Rule 282 and the Clerk of Courts Act guide Small Claims Courts in Illinois. However, each county also has its own rules. For example, Lake County has a guide that explains small claims procedures in the county.
Any person or individual who is 18 or older may file a small claims case in Illinois. Organizations may also file small claims cases in the state. Individuals may appear in court as Pro Se or self-represented litigants. Individuals may also choose to have attorney representation. However, corporations must have attorneys. Small claims case parties may have jury trials, but parties must request a jury trial at the time of filing.
It is possible to appeal small claims judgments within 30 days of the judgment. In Illinois, either the plaintiff or the defendant may appeal a small claims case to an appellate court.
How to Take Someone To Small Claims Court in Illinois
A Small Claims Court case begins when a plaintiff files a complaint and summons against a defendant. Interested parties may pick up the complaint and summons forms at the office of the Circuit Court Clerk. Such parties must also fill and submit the forms to the Circuit Court Clerk. The complaint must contain a description of the event leading up to the claim, the plaintiff and defendant’s names, and residential addresses. It is important to include the defendant’s address to ensure that the defendant receives the summons and a copy of the complaint.
If the plaintiff’s address or contact details change in the process of the case, the plaintiff must notify the Clerk of Court and the defendant. The party filing a small claims case, otherwise known as the plaintiff, must state the amount involved or the amount he or she hopes to recover from the defendant. The plaintiff may attach any supporting documents to the complaint. When the plaintiff completes the form, the plaintiff must submit the form to the Clerk of Court in the county where the defendant lives or does business or where the event leading to the claim happened. E-filing is the acceptable method of filing in Illinois. Only persons with an exemption may file paper documents. Persons exempted from e-filing include:
- Prison or jail inmates who have no legal representation
- Persons without internet access at home or in the immediate neighborhood
- Persons who have trouble speaking or reading English
- Persons with disabilities that may hinder e-filing
Persons who qualify for e-filing exemption must file a Certificate of Exemption from e-Filing.
The plaintiff must pay a filing fee - this fee may differ from one county to another. Persons who cannot afford the filing fee may petition the court for a waiver. The court may approve a full waiver, where the plaintiff does not need to pay any filing fees, or a partial waiver where the plaintiff pays a reduced fee. The clerk will then assign a case number and schedule a hearing. Illinois does not allow the plaintiff to serve the notice and summons personally. The plaintiff may serve the complaint through:
- Process servers
- A Sheriff
- A private detective
- Newspaper publication
How Much Can You Sue For in Illinois Small Claims Court?
Generally, Illinois Small Claims Courts hear cases that involve up to $10,000, excluding costs and interests. However, court operations differ from one county to another. In Cook County, there is a Pro Se branch of the Small Claims Court where case parties may claim up to $3,000. In Cook County’s Pro Se branch, the court does not allow attorneys to file complaints on a plaintiff’s behalf. However, the defendant may appear with an attorney.
If the defendant appears in court with an attorney, then the plaintiff may also hire an attorney. Persons with cases that involve more than $10,000 may file civil lawsuits in the Circuit Court. The Circuit Court is the Illinois court of general jurisdiction, and it hears a wide range of civil and criminal cases.
How to Defend Yourself in Illinois Small Claims Court
If a plaintiff files a small claims case against a defendant, the defendant needs to read the notice of complaint carefully. The complaint contains the plaintiff’s version of the events leading to the claim and the amount the plaintiff is suing for. The defendant may file a counterclaim against the plaintiff; if the counterclaim exceeds the Small Claims Court’s jurisdiction, the Court Clerk will notify the defendant. If the defendant does not wish to file a counterclaim, he or she may file a response to the plaintiff’s claim and prepare to appear in court on the scheduled hearing date.
Defendants who wish to contest a plaintiff’s claim must gather any document or evidence that supports the contest. Such documents may include statements, receipts, warranties, checks, contracts, or agreements. The defendant may also speak to third parties who witnessed the event leading to the claim. The burden of proof is on the plaintiff. However, the defendant must also come to the hearing prepared with a defense. Illinois opens small claims proceedings to the public. Interested parties may attend these proceedings to better understand and prepare for the small claims hearing process.
How Long Do You Have to Take Someone to Small Claims Court in Illinois?
The statute of limitations is the filing deadline for small claims cases or the timeframe within which a claimant can take someone to Small Claims Court. In Illinois, the statute of limitations for small claims varies according to the case type. The statutes of limitations for common small claims cases are:
- Two (2) years for personal injury claims
- Five (5) years from property damage claims
- Five (5) years for oral contract claims
- Ten (10) years for written contract claims
It may be possible to extend the statutes of limitations in some cases, particularly if the claimant is a minor or incarcerated.
What Happens if You Don’t Show up for Small Claims Court in Illinois?
If a defendant fails to show up for a small claims hearing, the plaintiff may ask the court to enter a default judgment against the defendant and begin the collection process. If the plaintiff fails to show up at a small claim hearing without good cause, the court may dismiss the case. Case parties may petition the court to set aside a default judgment or a dismissal. Case parties must be able to show good reason for the failure to appear.
If, for example, the defendant did not receive notice of the hearing, the court may vacate or set aside the default judgment. While the court considers the motion, the court may stay the plaintiff’s collection process. If the court does not grant the motion to vacate, the defendant may appeal the judge’s decision to a higher court.
What are Small Claims Court Records in Illinois?
Small Claims Court records contain official information about small claims cases in Illinois. Small Claims Court records include complaints, notices, summons, answers, counterclaims, and other records generated in the process of a small claims case. These records contain information such as the names of the case parties, the amount involved in the claim, and the court’s final judgment.
Where can I find Illinois Small Claims Court Records?
Illinois court records are presumptively open to the public. Interested parties can find Small Claims Court records by contacting the Circuit Court Clerk in the county where the plaintiff filed the case. Such parties can request court records at the courthouse in person, by mail, or by using public access terminals in the Court Clerk’s office. Remote electronic access to Small Claims Court records is available in some counties; examples are Lake County and Cook County. It is important to note that according to the Illinois Supreme Court Electronic Access Policy for Circuit Court Records, the online repositories do not contain actual or official court records but only case summaries.
