You might present a notarized written statement from an expert concerning the nature of the defect and the decrease in value due to the defect. If you are suing on the basis of defective merchandise or faulty repairs, it may be very helpful to have an expert witness testify on your behalf. For example, if you are suing your landlord for the return of your security deposit, ask a neutral person to testify concerning the condition of the rental unit when you started renting and when you left. Talk to people who may have witnessed important aspects of the dispute.
Gather all written information and paperwork that pertains to the situation-contracts, rental agreements, receipts, order forms, warranties, cancelled checks, or credit card statements. Start by making a detailed list of what happened so that the facts are clear in your mind. Think about how you are going to prove the defendant owes you money. In preparing your case, keep in mind that your proof must be more convincing than the other side's evidence. The court will mail the forms for you, but will require a fee for this service. Many counties allow service by regular or certified mail if the defendant lives in that county. The filing fee must be paid in advance.Ĭopies of the forms must then be "served on" or delivered to the defendant. You will be charged a filing fee which differs from county to county. You may attend any of these courtroom proceedings to familiarize yourself with the procedures.Īfter completing the forms, they must be filed with the court. This applies if you change your phone number as well.Īll small claims court sessions are open to the public. If you should change your address after you file your case or your appearance, be certain to notify the clerk and the opposing party of your new address. Write down the number and refer to it in all dealings with the clerk and sheriff. The clerk will assign a number to each small claim case. Include a brief explanation about why you are suing the defendant. List the amount of money you request as damages. If the papers can't be delivered to the defendant, you might have to start over and pay additional fees. Make sure you have the correct name and address of the defendant. The party you are suing is called the defendant. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit. If you do decide to hire a lawyer to represent you in a small claims court action, be sure to ask in advance about the lawyer's fees. You do not have to hire the lawyer after the initial consultation. If you do not have a lawyer and want help finding one, contact the Illinois State Bar Association's Illinois Lawyer Finder by calling (217) 525-5297or visit their website at This service can provide you with the name of a lawyer in your area who has experience in dealing with your type of legal situation and will provide an initial consultation for an hourly fee. If the other party has an attorney, your chances of winning might be better if you also have an attorney. In small claims court you can handle your personal or business legal matters without an attorney however, you can hire an attorney to represent you if you wish.
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The maximum judgment allowed in small claims court is $10,000.00 plus costs therefore, your claim may not exceed $10,000.00. Garnishments to enforce judgments from funds owed to debtors. Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by county where filed. Īll evictions, regardless of the amount of rent claimed.
Lawsuits such as breach of contract, property damage, or personal injury. Small claims court may be used only for certain types of cases. What Types Of Cases Are Handled In Small Claims Court? The court may require the appointment of a guardian for those under 18 years of age. Fees are based on the population of the county and designated by county boards.Īny individual or corporation doing business in Illinois can sue or be sued in small claims court. Small claims court is under the jurisdiction of the Clerks of Courts Act (705 ILCS 105) and Supreme Court Rule 282. You may not need a lawyer and the rules are simpler than in most court proceedings. Does someone owe you money? Has your landlord failed to return your security deposit even though you did not damage the rental property? Did you pay for merchandise, but the store never delivered it and won't give you a refund? You may want to consider bringing a lawsuit in small claims court.
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