Small Claims Court Basics (Illinois)

What small claims court can handle

Small claims is a division of the state circuit court. It handles civil money claims up to $10,000 in Illinois. Typical cases:

• Unpaid wages or commissions
• Security deposit disputes with a landlord
• Unfulfilled contracts for services or goods
• Property damage (minor collisions, damage to belongings)
• Unreturned property (friend didn't return a borrowed item)
• Debt owed by an individual or small business
• Small consumer-product disputes

Small claims does NOT handle: divorce, custody, eviction (separate forcible-entry process), personal-injury claims over $10K, or cases involving title to real estate. Name changes, orders of protection, and traffic matters are handled in other specialized courts.

Before you file

1. Try to resolve it first. A demand letter — written, certified mail — is useful evidence and sometimes works. If the person pays up or agrees to a payment plan, you've saved the filing fee and time.
2. Check the statute of limitations. For most contract claims: 10 years for written contracts, 5 years for oral contracts. For property damage: 5 years. For wages: 10 years under IWPCA. Missing the statute of limitations is fatal.
3. Identify the right defendant. Individuals should be named by their full legal name and address. Businesses should be named by their exact legal name (check the Illinois Secretary of State business registry for corporate names). A lawsuit against the wrong defendant will be dismissed.
4. Gather evidence. Contracts, receipts, photos, texts, emails, witness statements.

Filing

Where to file

In the county where (a) the defendant lives, (b) the defendant has its business, or (c) the transaction occurred. In Cook County, small claims is the Civil Division of the Circuit Court of Cook County.

What to file

The core document is the Complaint (small claims form available from the court clerk or online at the circuit court's website). State:

• Your name and address
• Defendant's name and address
• A brief statement of the facts
• The amount you are asking for
• The relief you seek (usually money damages)

Filing fee

Varies by claim amount and county. In Cook County small claims, the fee is generally under $100 for claims up to $10,000. If you cannot afford the fee, file an Application for Waiver of Court Fees — low-income filers often qualify for a full waiver.

Service of process

The defendant must be formally notified of the lawsuit through "service of process." Options:

• Sheriff service — the sheriff serves the summons; usually included in the filing fee
• Licensed private process server — faster and sometimes required for evasive defendants
• Certified mail (some counties) — available for claims under certain amounts

You cannot serve the defendant yourself. Improper service is a common reason cases get delayed or dismissed.

If you are sued (defendant)

If you are served with a small claims summons:

1. Read the summons carefully. Note the court date — appearing is essential.
2. Consider filing a written appearance (in some counties) to confirm you will contest the case.
3. If you dispute the claim, file an answer (in counties that require one) or be ready to present your position at the court date.
4. If you have a counterclaim — a claim against the plaintiff — file it before the court date.
5. Show up. Missing the court date is how default judgments happen. A default judgment against you can be garnished from wages or bank accounts.

The court date

Small claims hearings are usually short — often 15–30 minutes. You will:

1. Be called when your case is ready
2. Stand before the judge with the other party
3. Briefly explain your side (2–5 minutes)
4. Present documents and any witness
5. Answer questions from the judge
6. Hear the ruling (usually that day, sometimes mailed later)

How to present your case

• Bring copies of everything — the judge keeps the original, the other side gets a copy, you keep a copy
• Organize chronologically
• Lead with the strongest facts
• Answer questions directly
• Do not interrupt the judge or the other party
• Dress neatly; arrive early

If you win

A judgment in your favor is only the beginning. You still have to collect. Options:

• Voluntary payment — send a copy of the judgment and a polite letter asking for payment
• Wage garnishment — if the defendant is employed, you can garnish up to 15% of disposable income
• Bank levy — you can freeze and take funds from the defendant's bank account (requires a citation to discover assets first)
• Lien on real estate — if the defendant owns property, your judgment can attach as a lien
• Citation to discover assets — a court proceeding that requires the defendant to reveal bank accounts, employment, and other assets

Judgments last 7 years in Illinois and can be renewed for another 7. Interest accrues at the statutory rate (currently 9% per year on most judgments).

If you lose

You can appeal within 30 days — but small claims appeals go to a higher court and essentially start over with more formal procedures. For most small claims amounts, appeal is not cost-effective. Alternatively, you can file a motion to reconsider within 30 days if there was a legal error or newly discovered evidence.

Free help

• Circuit Court Self-Help Resources — many courts have self-help centers. Cook County has Help Desks at the courthouses.
• Illinois Legal Aid Online — Small Claims — illinoislegalaid.org has Illinois-specific guidance and forms
• Chicago Volunteer Legal Services — 312-332-1624
• Illinois Free Legal Answers — online Q&A with volunteer attorneys for low-income Illinois residents
• Legal Aid Chicago — takes some consumer cases at 312-341-1070