how to file small claims in illinois

The correct address or place of employment of defendant. To learn if a business is a corporation and to obtain its legal name, consult the Certified List of Domestic and Foreign Corporations through a call to the Illinois Secretary of States Incorporation Division (217/782-6961) or online at www.cyberdriveillinois.com/departments/business_services/corp.html. Expert Testimony- If a claim of the plaintiff or the defendant is based on poor workmanship, or workmanship is in any way involved, testimony of an expert would normally be required. If an individual wishes to proceed under these rules without benefit of counsel, he must realize that certain responsibility rests upon him. They are designed to enable an individual to collect a debt, or settle any small legal controversy involving money, without going through as much legal process and expense as might be required by a more substantial claim. You can also use Get Legal Help to find a lawyer that can figure out options for you and your cosigner. A judge must issue an order appointing the server before they can serve the defendant. o Any person 18 years or older may file a Small Claims Complaint with or without a lawyer. How do you respond to a small claims complaint? The rules relating to "Small Claims" are set forth in the rules of the Illinois Supreme Court. They are designed to enable an individual to collect a debt, or settle any small legal controversy, without going through as much legal process and expense as might be required by a more substantial claim. [3] Your complaint must include enough information to show a legal claim. The Supreme Court Commission on Access to Justice has approved the following forms for use in Small Claims cases in Illinois: Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. A fee waiver allowsyou to file for free, or at a reduced cost. You may also bring witnesses to testify in support of your case. Getting your money. Submitted by Andrew Makula on Tue, 03/21/2023 - 10:13, Submitted by Teri Ross on Wed, 03/22/2023 - 08:56, Andrew, thank you for your question. Only logged-in users can post comments. Fees are different from case to case and county to county. For example, this means that in a divorce case, a person would be able to get the divorce itself, but would not be able to get a judgment requiring the other side to paychild support. Illinois Supreme Court Rules 281-289 735 ILCS 5/2-603-606 : Where to find the forms and instruction sheet: illinoiscourts . Sorry to hear about your situation. Checks for filing fees should be made payable to the McHenry County Circuit Clerk. ~0nogaEZbfvH,. The party demanding a jury must pay $12.50 for a jury of six and $25.00 for a jury of twelve (705 ILCS 105/27.2 S). By going to the defendant's home, and giving the summons and complaint to someone who lives with the defendant and is at least 13 years old. Remember that often times people are employees of someone else, another person or a corporation, and it may be that the employer is the one responsible for your claim. The person or their lawyer still must send notice by mail to the defendant's home address within 10 days of publication. Please review the E-Filing Guide for Self Represented Litigants. Last full review by a subject matter expert. What happens if the case is settled? Make 2 extra copies of each form for the plaintiff and yourself. Use our Easy Form program to make the motion forms. This law is called a "statute of limitations." The amount of time you have to file a claim depends on the kind of case it is. The court may enter a default judgment against you. 2022 Lake County Clerk of the Circuit Court. REQUIRED FORMS FOR FILING A NEW SMALL CLAIMS CASE: Small Claims Complaint Form Suite - Supreme Court Approved. The deciding factor forspecial appointment is where the defendant/respondent is located, not where the lawsuit is filed. If you choose to act as your own attorney, you must do all the investigation and preparation normally done by the attorney, including representing yourself in Court, securing witnesses, collecting documents, photographs and the like. The Judge, Circuit Clerk, and the Sheriff are all guided in these proceedings by Illinois Supreme Court Rules. The court that you would take your case to is called an appellate court. If a previous order is still current or the defendant is no longer employed there, it is useless to file. Make sure that your witness shows up on the exact date and time for the trial. Eight Step Process Go to the courthouse. There are a number of legal issues that you identify. What do I need to do to get the sheriff to find my spouse and serve him so I can get my divorce finalized? The person being sued is the defendant. At the time of filing a complaint, the PLAINTIFF must make a demand for a jury trial and decide if he/she wants the matter to be tried by a jury of six or a jury of twelve. SMALL CLAIMS GUIDE The purpose of the Small Claims Guide (available in Spanish) is to explain in simple language, the workings of the Small Claims Court in Lake County, Illinois. Small claims court is a civil court designed to be a user-friendly, low-cost way of settling legal disputes of up to$10,000. FAILURE TO APPEAR WILL RESULT IN THE CASE BEING DISMISSED FOR WANT OF PROSECUTION.) This judgment becomes final 30 days after the date judgment is entered, unless defendant files a Motion to Vacate(see Pro Se Motion form)or a Notice of Appeal(there is no prepared form for a Notice of Appeal). 505 North County Farm Road. For suits between $250.00 and less than $1,000.00 the filing fee is $140. It is given to a person (or business) so that they know they are being sued and they are given the opportunity to defend themselves. You should bring any papers, pictures or other physical objects that have something to do with your case and show them to the Judge. If you and the Defendant reach an agreement as to how much he/she is going to pay and how much you are going to accept, that is called a settlement. Going to Small Claims Court video | Illinois Legal Aid Online. When you file your suit, you should set a court date (called a Return Date) of not less than 14 nor more than 40 days after the issuance of the summons. Most of the information should be listed on court papers: If you are filing a case, you are called the plaintiff. These rules must be followed and carried out in a timely manner. Small Claims Complaint. Some counties require the plaintiff to ask the judge for permission to use a professional process server. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Otherwise the defendant is considered to have waived his/her right to a jury trial. If you qualify, you can get aFee waiver. A person cannot serve the summons and complaint on thedefendanton their own. If you fail to appear in court for the hearing on your fee waiver, the court may dismiss your claim or strike your appearance. Cox Media Group LLC, Fox Corp and CBS Corp have agreed to pay a combined $48 million to resolve civil antitrust claims in U.S. Court that accuse them of a conspiracy to artificially fix the prices of spot advertising on broadcast television. The complaint must set forth the following information: The correct name, address and phone number of both the plaintiff and the defendant(the party being sued). After judgment has become final, plaintiff may proceed with post-judgment procedures which would cause additional court costs to be assessed against the defendant. Please see the article above for more information. Supreme Court Rules (http://www.state.il.us/court/) are available online and at most local libraries and in the law library at the Madison County Courthouse. For suits in an amount over $2,500.00 and up to $10,000.00, the filing fee is $264.00. How to file and respond to a lawsuit in the Small Claims Court of DuPage County, Illinois In the State of Illinois, Small Claims Filing offers complete Filing and Serving services. If you think the defendant will not sign the receipt (green card) that shows they got the forms, you may not want to use this method of service. Whether you chose to report a claim by mail, facsimile, or in person, the claim form and requested information are the same. In order to give proper notice, a person usually must give the other party a summons. (The person appointed private process server may not be related to the plaintiff and/or have any interest in the case. ILAO is a registered 501(c)(3) nonprofit organization. An alias summons is a second summons. o A corporation can also file a Small Claims Complaint. Pro se petitioners can visit the Daley Center Room 602 or call 312-603-5626 with any questions. If the Defendant refuses to pay you the money you have won in judgment, you must begin collection proceedings against him/her, as neither the Court nor the Clerk will collect the money for you. If the plaintiff wants the matter to be tried by a jury, the demand must be made at the time of filing the complaint. Court cases often include: Fill out and sign the below forms with this program that will automatically create the forms for you. If you have a fee waiver, you can give the clerk a copy to receive a full or partial waiver of fees. Upon service of the summons, the third party must hold these funds until the court orders whether or not they should be turned over to the plaintiff to satisfy the judgment(see Non-Wage Garnishment form.). If the application is approved by the judge, the answer fee is waived. An Answer is a written response to the court saying whether you agree or disagree with the reasons the other party used to sue you. Also make sure that you sue the proper party. You can find this information out by checking a book called the Corporation Index in the small claims office located in the Judicial Center or by calling the Corporate Search Department of the Illinois Secretary of State at (312) 793-3380. Responding to a case filed against me in small claims court, someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, Credit Card or Debt Buyer Collection Affidavit, Chicago's pro se court when the lawsuit is for $3,000 or less, Being sued in small claims court and changing the court date, Settle before going to small claims court, Considerations before deciding if you want to hire a lawyer. A summons usually gives the other side 30 days to file anappearance. Asummonsis an official notice of a lawsuit. If you have been sued in Small Claims Court, you and/or your attorney must appear on the return date set forth by the summons. There is a fee to file a Small Claims Complaint. A complaint or petition is a document that says that the person being sued has done something wrong, or the person filing wants something to happen. If there is some very good reason why you cannot appear, have someone personally appear for you before the Judge and request a continuance to another date. 2 0 obj If the plaintiff fails to appear, the case can be dismissed for want of prosecution. If a single minority group makes up 45% of that area's population, the notice must also be published in a newspaper of that minority group's native language. The date listed above is 6/17/21, but the date that is recorded as "date of service" is 7/22/21 which was 5 days past the deadline of the 30 day window. This Small Claims Manual is for informational purposes only. Copies of the summons and the Title III Federal Consumer Protection Act Restrictions on Garnishment are served on both the employer and the defendant(see Wage Deduction forms, which include Instructions for Wage Deduction, Affidavit for Wage Deduction Order, Interrogatories/Answer, Wage Deduction Notice and Summons, Service Page, Title III Restrictions on Garnishment, Wage Deduction Order, Non- withholding Wage Deduction Order, and Certification of Judgment Balance). Know how to explain your side of the story; Organize your documents so they can be easily used; Bring expert witnesses (a mechanic, for example) who will support your case; and. Asmall claimis defined as a civil action for a sumup to $10,000 exclusive of interest and costs. When they finish, you and the judge can ask the witness questions. You may be able to get free legal help. In the motion, they must tell the judge the name of the person who will serve the defendant. Please complete the relevant complaint form in its entirety; include your Social Security number or your Federal Employee Identification Number. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. To find a professional process server, a person can do a searchon the internet. The types of claims that are accepted are: Motor vehicle accidents involving . The following are possible outcomes from the first court date: To prepare for trial, do the following things: If a witness refuses to come to court, you can have the court make them come. 2. property damage. The above-stated answer fee is due at this time. You mayhave a legal reason to have the Complaint dismissed. You may also check the current 18th Circuit Court Rules regarding Small Claims suits. Where should I file suit? All small claims cases are heard at the Madison County Courthouse in Edwardsville. Find out what to expect at the small claims trial. CS-G 700.2 Page 1 of 1 (08/21) Dont leave the courtroom without it. If a summons is properly served on the other party, then the parties must present their case in court or file an appearance or an answer. Starting a small claims court case Your filing fees in a small claims case depend on the amount you are suing for. If an error is made, you may file a Motion to Amend in order to correct the information. If the Defendant does not appear, it may be that he was not served with the Complaint and Summons. The Small Claims Division prepares and maintains the following case files. Small Claims Manual Filing Fees: To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. You must come to court on the return date listed on the plaintiff's complaint and tell the judge if you agree or disagree with the complaint. File a lawsuit(counterclaim)against the plaintiffalleging the plaintiff owes defendant money in connection with the original claim filed by plaintiff. When testifying, try not to be nervous and speak slowly and loudly. A Third Party Citation can be issued to ascertain information concerning income or property of the judgment debtor (defendant). Where do I file the complaint and how much does it cost? Where do I file the complaint and how much does it cost? How can I take advantage of the late service of summons in order to reschedule court date? The trial proceeds on the date set by the court, a notice of which will be sent to both sides by the Clerk. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons. The application will be presented to the court. This includes appearing in the courtroom, securing witnesses, collecting documents and evidence, and all other necessary preparation. You can use our. How do you file a Small Claims Complaint? The Small Claims Court is a court specifically designed to hear those cases involving claims of $10,000.00 or less. Then, they will have the summons served on the other party. 400 West State Street, Room 101. Remember to clear your browser history to hide activity. A subpoena is an order of the court commanding a person to appear and testify at the trial. A failure of either party to appear for trial may result in a judgment against that party. If the witness is necessary for your case and is reluctant in coming to Court, you may need a SUBPOENA. What do I do for trial? Defendant then has an opportunity to make a short statement as to the nature of his/her defense and what he/she expects the evidence or witnesses to prove. Filing a Complaint against a defendant who is "Judgment-proof" is like throwing good money after bad. You will have to pay any witness you forced to come to court. You may also have to file an Answer if the judge requires it. USCIS is funded largely by application and petition fees. Check with the local circuit clerk. These fees are paid when filing the case in the Circuit Clerk's Office. The person can check with whomever was supposed to deliver the summons, whether that is the sheriff, or a special process server, to see if the summons was delivered. You can then move forward with your case. When a Plaintiff files his case without a lawyer's assistance he is PRO SE. stream The requesting party will likely have to deposit additional fees to cover the cost of the jury. Failure to do so may lead to the case being dismissed for want of prosecution.Back To Top. This court has simplified rules and the timeline can bemuch shorter. This notice does not have to be sent by Certified Mail. Chicago Claims Unit. So, always be sure to sue the right party. Notice Of Motion- a written instrument sent by either the Plaintiff or Defendant, notifying the other party of a Court date in which you are requesting the Court to take some action. If the claim is based on a written instrument or contract, a copy of that document must be attached to the complaint. The nature and amount of the plaintiffs claim, giving dates and other relevant information. If no one answers the door, the sheriff will come back a different day. If the plaintiff proves that you owe the money, the judge will give them a money judgment. A WITNESS is someone who can help explain why you should win the case. ), the plaintiff may serve a garnishment summons on this third party. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Contact Us - Elected Officials & Department Head Listing, McHenry County Sheriffs Civil Process Fees. degree of civility and professionalism. If the defendant admits to liability, the court (judge) will enter judgment in favor of the plaintiff. A person can hire a professional process server who is licensed to serve people. 312.744.5449 Fax. You should also file an Appearance form, so you don't risk a judge ruling against you. A certified copy of this order should be sent to the garnishee for your monies. A case may not be heard until the defendant is served the summons. The person bringing the claim is the plaintiff. If the DEFENDANT fails to appear for trial the Judge will award Judgment for the PLAINTIFF. All Rights Reserved. As officers of the court, State law prohibits them and their employees from giving legal advice. You are the person filing the lawsuit. Supreme Court Rules and applicable Illinois Statutes (http://www.ilga.gov/) are available for review online at or in the Law Library (http://madisoncountycircuitcourt.org/selfhelp/) at the Madison County Courthouse.Back To Top. However, you are expected to follow the court's rules and procedures. You or any other adult may deliver the subpoena to the witness, or you may ask the sheriff's office to deliver it to them. IT IS STRONGLY RECOMMENDED that no jury demand be made without first consulting an attorney, as it is a complex proceeding. The answer depends upon the e-filing process in the county where the case was filed. We do our best to reply to each comment. A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee. Small Claims Complaint | State of Illinois Office of the Courts Forms Approved Statewide Forms Approved Statewide Forms Small Claims Complaint The Supreme Court Commission on Access to Justice has approved the following forms. Generally, you must file your Small Claims action in the county where 1) the defendant resides, or 2) where the events happened which you believe give you the right to sue, e.g., where the accident . Notice, and an opportunity to be heard, are required. Does it cost to file a Small Claims Complaint? (This means to ask any questions that are material and relevant to the testimony of the witness,not to argue or attempt to testify).The judge may ask questions. People under 18 must have a lawyer. It is very important that the correct legal names of the parties be set forth in the complaint. 312.744.5650 Voice. By handing the summons and complaint to the defendant personally at their home or at any location, or. In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Otherwise, the plaintiff will win the case automatically. DuPage County Judicial Center. What court date should I set? If the amount of money exceeds $2,500.00 but not more than $10,000.00 the filing fee is $225.00. What is the difference between a summons and a subpoena? Use this form to let someone know that you are starting a lawsuit against them. If there is very good reason one cannot be in court, a continuance must be requested by filing a written motion and order for continuance with the Circuit Clerk before the trial(see Pro Se Motion form). If the PLAINTIFF fails to appear, his/her case will be dismissed. (Note-in order that a subpoena is valid, you must at the time of service deliver the statutory witness fees and mileage.). These are Cook County court fees, call us for . The Judge's decision in the case is called a JUDGMENT. Your feedback is the best way for us to improve our services. A program to help you complete the forms to start a case in the Northern District of Illinois federal court. Part of the Expungement & Sealing library, sponsored by Latham & Watkins. You will state: Important informationYou have been sued. The circuit court clerk takes care of all documents and files for court cases. Take the copies of the summons and complaint to the sheriff to arrange for service on the defendant. If the case has been settled, but you have not received your money, you should go to Court and ask the Judge to continue the case until you have received your money. 630.653.7779 F Usually, a fee waiver is filed electronically. A person cannot move forward with their case until the defendant is served. If you need additional information, you can call the Circuit Court Clerk's Small Claims office at (630) 407-8802 or go to www.dupageco.org/CourtClerk/CourtForms.aspx. A complaint is a paper explaining whom you are suing, where the person lives, how much money they owe you and why they owe you the money. Filing a Claim Court of Claims The Court of Claims is the court of exclusive jurisdiction for all claims filed against the State of Illinois. If a person uses the Sheriff, they can find out the fee by calling the County Sheriff where the summons will be served. Failure to appear to answer the rule to show cause may result in the issuance by the court of a writ of attachment(see Terms and Definitions). Although every attempt at accuracy has been made, the authors and the DuPage County Bar Association, do not warrant the legal correctness of the information contained in this information and strongly urge you to consult with the attorney of your choice. <> For example, the case was filed after the time limit ended. You can still file even if you don't have internet access. When the amount does not exceed $1,500.00, a corporation may defend as defendant any small proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation as though such corporation was appearing in its proper person. Once served on the defendants employer, a percentage of the defendants wages must be withheld. Generally speaking, every Complaint must be filed whether in the county where one of the defendant lives or in the county in which the transaction or some part of it took place. How can we improve this site? If you choose to have the "Summons" served by the Sheriff of McHenry County (only if defendant lives in McHenry County) the Sheriff will charge a fee for serving the summons based on where the defendant lives. If there are multiple defendants, you must fill out a separate Small Claims Summons for each one. We will approve a fee waiver only if you clearly demonstrate that you are unable to pay the filing fees. Follow these suggestions when going to court: Last full review by a subject matter expert. The longer you wait, the more you will have to pay. If the defendant cannot afford to pay the answer fee, s/he must file an Affidavit and Application to Sue or Defend as an Indigent Person (see Indigency form). Subpoena forms are available from the Circuit Clerk. To file a small claims suit, the individual bringing the action (the plaintiff), must pay a filing fee of $89.00 on cases up to $2,500.00. Okay so four of us were served an eviction summons 4 defendants and the landlord as the plaintiff, everyone of us was given a single summons for each one of us, On court date Plaintiff's position was that I was not served the summons means that he does not have proper service over me But my cosigner was served the summons, so judge asked me that if i was that defendant who was served the summons in court with us I said it no because he wasn't in court because i am the one who lives in the plaintiff's apartment not my cosigner, But judge said that he does not have any jurisdiction over me according to plaintiff's attorney, So I asked judge if my cosigner has any problem with eviction case, Judge said that my cosigner was served a summons before and next month will be his continued date (A date to an alias summons to be set for status to issue on a that date), because plaintiff attorney asked judge to set it for status after he told the judge that I have a rent relief will be paid in the next coming days, so in this case Will my cosigner be served another alias summons if I will not be able to pay rent in the next months?, Will cosigner be hurt if my landlord wants to issue alias summons, Or am I the one who has to be served the summons (I am the one who resides in the apartment, Who is going to be responsible after court judgement, Will my eviction case be dismissed after the date of alias set to status When landlord gets paid for all rent behind? If you fail to show up for the trial, you will lose the case. A customer from 3 years ago has just served me a summons but the summons says, "This summons must be served within 30 days of it's date, listed above." However, if you do not pay, the plaintiff can ask the court to have the money: You will also have to pay the plaintiff's court fees for taking these actions. Return dates are on any weekday Monday through Friday, except Legal Holidays, at 8:45 a.m. )Fe=[~G2n?W!Ja-`{1Q V @8r .VV(nPV `b^>Y'F&;Kxm.\A The judge will decide the facts from the evidence introduced during the trial, then apply the law to these facts and enter a judgment for one of the parties. Wheaton, IL 60187. Check out all the resources available to renters, including legal representation, at Eviction Help Illinois. If so, the following alternative methods of service may be ordered: In these cases, attach a copy of the summons/complaint petition, and any other required documents. Process Your Small Claims Using The Quickest Online Procedure. You will get notified if any of these things happen. $2,501.00 to $4,999.99 the filing fee is $200. These rules apply if the debt you are being sued for is from a credit card. If it is a jury trial, the jury will talk privately, and then give their decision to the judge. The cost for serving a summons varies depending on how and where you serve the summons. Neither the Judge nor the Clerk will do this for you. The filing fee for Illinois small claims court is between $35 to $75. No Corporation may appear as claimant, assignee, subrogee or counter-claimant in a small claims proceeding, unless represented by counsel. If you plan on representing yourself please read the Notice to People Acting as Their Own Lawyer prior to proceeding. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. By Cara O'Neill, Attorney Updated: Mar 6th, 2020 Updated March 5, 2020 Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. 50. Arbitration (AR) - money damages (only) over $10,001.00 to $50,000.00. www.dupageco.org/CourtClerk/CourtForms.aspx, DuPage County Bar Association Announces High School Video Contest, Law Day Committee Accepting 2023 Liberty Bell Nominations, DCBA Member Firm A. Traub and Associates Opens New Practice in Schaumburg, Professional Responsibility PRMCLE Program-Phoning it in: Pros and Cons of Practicing Law Remotely, Business Law Section CLE Program - Successor Liability from M&A and Alternative Acquisitions. content block. Click here for more information onfiling a motion. The Pro Se Small Claims Court of the Circuit Court of Cook County is a section within the First Municipal District. Worried about doing this on your own? a senior (60 years or older) an immigrant to the U.S. or undocumented someone with a family member who was in jail or prison a member of the LGBTQIA+ community a veteran, active duty military or have had military service The court will hear the case on the return date or it may set the case for trial at a later date. If you are the Plaintiff and the Judge decides in your favor, he/she can order the person you have sued to pay the money that is owed. No One has answered this can a summons be started thru the efile system or how is the process started. To do so, file a Motion to Dismiss and say the rule they did not follow. Citation to Discover Assets- a process issued by the Court Clerk, after judgment which requires the Defendant to reveal under oath the location, if any, of his/her bank accounts, property owned or name of employer. Print the name of the person who signs the, Include a statement that the suit is filed within the relevant time limit ("statute of limitations"); and, Send the copies in the way you said you would on the, Send the copies of your forms by 5:00 PMon the same day you file them with the circuit clerk; and. Direct message on social media where the defendant has an active account. Remember to clear your browser history to hide activity. The Small Claims Court is specifically designed to hear court cases involving claims of $10,000.00 or less. A plaintiff must ask for a jury when filing the claim. Jury Trial Chicago, IL 60602. Alias Summons- a second summons issued in a case, in which a return of service has been made and the Defendant was not found. The purpose of theSmall Claims Guide(available in Spanish) is to explain in simple language, the workings of the Small ClaimsCourt in Lake County, Illinois. Please log in or register if you want to leave a comment. You may attend any of these courtroom proceedings to observe. This demand and payment of the fee is made at the Circuit Court Clerk's office. Until a summons has had service, a Court does not have authority to hear the case. If a subrogation claim or other right of reimbursement claim that arises out of the payment of medical expenses or other benefits exists with respect to a claim for personal injury or death, and the personal injury or death estate claimant's recovery is diminished: (1) by comparative fault; or. <> The Rules of Court require that only cases where the summons is to be served by Certified Mail, that the Plaintiff must complete a sworn affidavit as to the last known address of the Defendant. Service by publicationmeans that a notice is published in a newspaper in the area where the lawsuit was filed. Learn more about Responding to a court case. In the small claims court of Illinois, IL an individual or sole proprietor can sue for $10,000.00 or less. The parties to whom you direct the Wage Deduction Summons or Non-Wage Garnishment Summons must file a sworn answer. If you win your case, you can usually have the defendants pay for your court costs. Use this to leave this site immediately. Verification is a process whereby someone familiar with the facts signs the complaint, guaranteeing that everything provided for in the complaint is accurate. You will need to electronically file ("e-file") them unless you have an exemption. All Rights Reserved. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent. Additional fees will be required.If the plaintiff wishes to have service of summons made by a private process server, a written motion for appointment of said process server and a proposed order should be filed at the time of the filing of the complaint(see Motion to Appoint Process Server form). someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, National Association of Professional Process Servers, Federal court complaint - Northern District of Illinois. A copy of the summons must be sent by mail to the defendant's last known address. The fact that the defendant offered to settle the case will not be held against her/him at the trial. Small claims court solves this problem. s/he has an opportunity to present a short closing argument or summary of the evidence, and why the Court should find in her/his favor. DepartmentsCircuitClerkSmallClaimsCourt, Filing a Small Claims ComplaintService of Summons, Appearance DateAnswering a Complaint Settlement, SettlementRequest for JuryTrial of CaseCollection of JudgmentAppealTerms & Definitions, Motion to Appoint Process Server and Order. At the request of the plaintiff, and if the defendant resides in the state, service may be made via certified mail by depositing a mailing fee with the Clerk for each defendant to be served along with the original and one copy of the summons for each defendant, as well as an affidavit setting forth each defendants last known mailing address. 2023Illinois Legal Aid Online. The proposed default judgment order must be filed with the Circuit Clerks Office within 10 days of the defendants appearance date. Usually, they will need to use one of the 3 following people: If the defendant/respondent is in Cook County, aprivate detective or private process server must be specially appointed by a judge. The rate is 9% a year. Prior to filing a wage deduction order, the burden is on the plaintiff to be certain that the defendant is currently employed by the named employer, and that there are no previous wage deduction orders filed against the defendants wages. Informal Hearing- In any small claims case where the amount claimed by a party does not exceed $1000, the court may, on its own motion or on motion of either party, adjudicate the dispute at an informal hearing. If you are suing for under $250.00, the filing fee is $115. Judges are assigned to Pro Se Small Claims Court on a rotating basis. Appear on or before the appearance date and time, and advise the court whether defendant admits or denies the claim. There are fees to file many court forms, especially when starting a case. You may use this step as often as necessary for the collection of the total judgment awarded plus the additional costs. There are no prepared forms for a Notice of Appeal.Back To Top. During the Covid pandemic, the courts require waivers to be e-filed. The clerk's phone number for the court is: 630-407-8700. x[YoG~'dO!XIlbP6u5$ S5U_}}tKO]W0_JJ|Y~#>WOGfe`7 If it is carpentry work, you should have a carpenter inspect the job and appear to testify as to the manner in which the work was done, and how much it would take to rectify the damage or loss. If you are being sued for a debt that you owe, the plaintiff may haveto follow more rules. You . In Small Claims cases, you can ask the local circuit clerk serve the defendant by certified or registered mail. 3 0 obj Internet usage can be tracked. Reasonable accommodations may be made to hold appearances via phone or video call. If the defendant disputes the claim, the case is set for trial on a future date. are only meant to help you learn how to file a . What is Small Claims Court? If so, they should be answered as directly and fluently as possible. However, it must be represented by a lawyer. Your use of the forms does not guarantee you will be successful in court. Find out basic rules and procedures for filing a small claims court case in Illinois. However, it is important to note that judges are not responsible to try a case for a pro se litigant. It has been found that a court date 30 days from the filing of the suit is usually sufficient time for service upon the Defendant. (Note-your attorney must file a document with the Clerk called an appearance.) After you file your forms, you need to take the following actions: Check with the circuit clerk where you filed your Appearance when your court date will be. MD32QdUfGQI i9*JC>4%67B=]}#[_ nd]h RK co=g#v*2hhns@ :hr0B9y7Pgql$5(2Jc1;po]dFl@O61| 0x \s9~~q=AjYB`:esAe9FbL[#)L'?{p5DF4}r#LX-8~ If the defendant fails to appear, judgment will be entered in favor of the plaintiff provided that: 1) the plaintiffs complaint is verified and 2) there is a completed proposed default judgment order on file with the Circuit Clerks Office (see Consent/Default Judgment form). Read all of the documents attached to this message. Appeals are complicated and require additional fees. If the motion is not heard and allowed prior to the trial date, failure to appear on that date by the defendant may result in a default judgment being entered against her/him. To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. However, hearings for an application to waive fees may now be held over phone or video call within 5-10 days. For small claims court, you do not have to file an answer, but you should still file an appearance. If the clerk issues the subpoena, the person you want as a witness is required to come to court. USCIS carefully considers the merits of each . 3. personal injury. This requires the Defendant to appear in court where he/she is placed under oath and must answer questions by you concerning his/her employment, locations of his banking accounts and other sources of income, as well as property owned. Before filing the Complaint, you should make sure that the defendant has money, income or property so your judgment will be collectible. This usually costs more than using the sheriff, but it can be a way to serve defendants who are harder to find or who are avoiding service. Copy and paste this code into your website. The party you are suing is called the defendant. Box 707. If you are suing for under $250.00, the filing fee is $115. After each party has presented her/his case (i.e., witnesses, exhibits, etc.) Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. It is given to a person (or business) so that they know they are being sued and they are given the opportunity to defend themselves. Any witnesses are then sworn and examined on the witness stand. However, we cant provide legal advice. If the NOTICE is served in person, it must be at least 2 days prior to the requested Court date. All rights reserved. Citation to Discover Assets A Citation to Discover Assets is a mandate, or order, by the court that the defendant appear before a judge in open court to be examined by the plaintiff as to any assets, funds, etc., that defendant may have with which to satisfy the judgment. Rules To Show Cause- this is an order by the Court, directing a party to appear before the Court on a certain day, to show the Court why he/she should not be held in contempt because of failure to comply with the Court's previous order. (This is an order of the Court commanding a person to appear and testify at the trial.) It is very important to know the exact date and time of trial and to be there on time. Complaint- The Court document that is filed by the Plaintiff to initiate the lawsuit. There is also a fee for service by certified mail for each person served. A summons is an official notice of a lawsuit. The charge for service would be an additional $22.51per defendant added to the filing fee of the Complaint. A program to help you certify that you are exempt from e-filing forms in Illinois Circuit Court. You must file the Complaint with the Clerk of the Circuit court - Civil Division located on the first floor of the Judicial Building, 505 N. County Farm Road in Wheaton, Illinois. REQUIRED FORMS FOR FILING A NEW SMALL CLAIMS CASE: More than one Google Analytics scripts are registered. At the informal hearing all relevant evidence shall be admissible and the court may relax the rules of procedure and the rules of evidence. Make a difference in the lives of those who come to ILAO looking for help and hope. Its purpose is to assist parties appearing in Small Claims Court who are not represented by attorneys. It is wise to make sure a Judgment will be collectible before paying the costs of a lawsuit. I suggest you contact IllinoisCourtHelpfor help. 126 South County Farm Road Wheaton, IL 60187-4597 T Disclaimer: a youth or parent of a youth a survivor of abuse or crime homeless or at risk of homelessness living with a disability living with HIV/AIDS a non-profit organization or small business Family & Safety House & Apartment Money & Debt Business & Work School & Education Health & Benefits Citizens & Immigration Crime & Traffic Courts & Hearings Please verify your pages and templates. This notification procedure is called service of process. After receiving the money, plaintiff should notify the Circuit Clerk, in writing, to have the case dismissed.Back To Top, Either party to the suit may demand a trial by jury. 2 N. La Salle St., Suite 350. I filed for divorce in September 2020 and my e-file is exempt. The sheriff will go to the address you list on the summons and attempt to serve the defendant. The original must be filed with the Circuit Clerk before the Court date. To do this, you will need to get an order called a subpoena from the circuit clerk. If the other party doesn't show up in court, a person can automatically win the case. In order to begin a Small Claims action, you must file a COMPLAINT with the Clerk of the Circuit Court. If so, answer them as clearly and directly as you can. If the other party does not respond to the summons, they may not have received it. The court date is set for 8/03/21 which is 8 days away. If the defendant settles out of court after being served with a complaint and summons, it would be prudent to put the settlement in writing. On the day of the trial, both parties should bring all physical evidence that pertains to the case. This can be done either in person at the Clerk's office or by writing the Clerk and requesting that the case be dismissed. In most other counties (with populations less than 2 million), process may be served by a private detective or private server without special appointment by the judge. If the PLAINTIFF does not file the demand at the time that the suit is commenced, the right to a jury trial is deemed waived. Please log in or register if you want to leave a comment. However, when the amount claimed does not exceed $1500, a corporation may defend a small claims proceeding through any officer, director, manager or other person vested with the responsibility of managing the affairs of the corporation. Therefore, the judge will exercise his/her judicial discretion in the trial of a small claims case. Execution-an order to the Sheriff to sell property owned by the Defendant after judgment has been entered to satisfy the judgment. After each witness testifies, the opposing party has an opportunity to cross-examine the witness as to anything so testified. Pay the circuit clerk the fees for each party. 4/5/2023DuPage County Bar Association Announces High School Video Contest, 4/5/2023Law Day Committee Accepting 2023 Liberty Bell Nominations, 12/9/2022DCBA Member Firm A. Traub and Associates Opens New Practice in Schaumburg, 6/2/20232023 Presidents Ball and Installation, 6/5/2023Professional Responsibility PRMCLE Program-Phoning it in: Pros and Cons of Practicing Law Remotely, 6/9/2023Senior Lawyers Division Breakfast, 6/13/2023Business Law Section CLE Program - Successor Liability from M&A and Alternative Acquisitions. If the defendant lives in another county, and you choose to have the "Summons" served by Sheriff, you must place the "Summons" with the Sheriff of that county. Small Claims (SC) - money damages not exceeding $10,000.00. If you file a Small Claims suit, you are called the PLAINTIFF. Responding to a case filed against me in small claims court | Illinois Legal Aid Online About Us Resources I am. Once that time period has expired, then no actions related to the incident may be brought. In accordance with Supreme Court Rule 282(b), a corporation may not appear as a plaintiff without being represented by an attorney. The defendant must make this demand at the time of filing the answer. Plaintiff- means the party who initiates the lawsuit. Possession of property alone is insufficient to warrant seizure by the Sheriff for sale (the property may be mortgaged in someone elses name or subject to previous liens or attachments). You may also need to pay a small fee for serving the defendant. An appearance tells the court and the plaintiff that you will participate in the court process. Copies of all the documents you filed with the Circuit Clerk, Any documents you want the judge to look at. For the purpose of this rule, the term "officer" means the president, vice president, registered agent or other person vested with the responsibility of managing affairs of the corporation. Small Claims Court cases are heard at: Winnebago County Courthouse. Submitted by Kyle Ford on Mon, 07/26/2021 - 12:47, Submitted by Danielle Craan on Wed, 07/28/2021 - 09:41, Submitted by Anonymous (not verified) on Mon, 04/12/2021 - 19:23, Submitted by Karla Baldwin on Tue, 04/13/2021 - 10:42, Submitted by Anonymous (not verified) on Mon, 03/15/2021 - 14:02, Submitted by Karla Baldwin on Tue, 03/30/2021 - 07:14. All small claims cases will be tried by the court (judge) unless a jury demand has been filed. A defendant can ask for a jury before the first appearance. Once a judgment has been collected, a form called a RELEASE AND SATISFACTION OF JUDGMENT should be given by you to the Defendant for filing with the Circuit Court Clerk. The court's website is here. Once the sheriff serves the defendant, the sheriff fills out a separate certificate of service or a sworn statement on the back of the summons copy, thenfiles it with the court. It is not possible to review the entire field of admissible evidence in the space available, but a brief mention of the more fundamental procedures is covered below: Once a judgment has been paid in full, a form called aSmall Claims Satisfaction of Judgment or Dismissal of Cause of Actionmust be given by the plaintiff to the defendant(see Satisfaction of Judgment form). Small claims court is a civil court where you can sue someone for $10,000 or less (excluding interest of costs). Out-of-state employers do not have to honor a wage deduction. All small claims court sessions are open to the public. If the defendant cannot be found and service of the process cannot be made, the court cannot enter a judgment. All rights reserved. To file a small claims suit, the individual bringing the action (the "plaintiff"), must pay a filing fee of $89.00 on cases up to $2,500.00. You must file an Appearance form. Summons- The Court document issued by the County Clerk, commanding the Defendant to file an appearance or appear in Court for trial. Use this to leave this site immediately. Anyone 18 years of age or older who is not a party in the lawsuit can serve a defendant, but theplaintiffmust first ask the judge for permission. If the defendant is a corporation, you must serve an officer of the corporation or the registered agent. If the amount of money you are asking for is $2,500.00 or less, the filing fee is $89.00. This affidavit is located on the reverse side of the summons (white copy) that is retained by the Clerk in the court files. It costs time and money to file an Answer in court. Find Illinois Supreme Court approved forms at: illinoiscourts.gov/documents-and-forms/approved-forms. A list of fees can be found here.) List your name as the plaintiff. 6. garnishment to enforce judgments from funds owed by debtors. If the Court has awarded a judgment in your favor, you should ask the Defendant to pay you immediately. Step 1: Serve the defendant. Thank you for your question Kyle. The Clerk will not help you find that out. This means that the person who filed a court case against you may get what they asked for. Tonavigate the court system,you needbasic information about your case. The judge will ask you if you admit or deny the claims in the complaint. How do you respond to a small claims complaint? Make 2 more copies of the summons and complaint. Illinois small claims court prescribes a maximum time frame during which legal proceedings must be initiated after an incident. eFiling: Pursuant to Illinois Supreme Court Rule 9, eFiling is required on all civil case types for Attorneys and Self Represented Litigants. Causes may be (1) No data found for RSS feed https://www.illinoislegalaid.org/legal-information/smallclaims.rss; (2) There are no items are available for this feed; (3) The RSS feed does not validate. If you cannot afford an attorney, it is your right to represent yourself in Small Claims Court, whether you are the plaintiff or the defendant. How can we improve this site? They must meet certain income and property guidelines andfile a fee waiver. Persons who choose to represent themselves in court without the aid of an attorney are known as pro se litigants. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk; Check in with the judges clerk or coordinator sitting on either side of the judges seat; Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom); Listen for your name or your line number to be called and then step up to the bench; You may be sworn to tell the truth, answer the questions truthfully; Explain briefly the issue you would like to address before leaving the courthouse; After listening to you and to the other sideand tellyou what happens next; You should receive a copy of whatever order is entered that day. If you do not pay right away, interest will start collecting on the day of the judgment. A person can serve an alias summons just like a normal summons. %PDF-1.7 After a person files a complaint or petition, they will fill out a summons. Make sure to come to court on that date. Filing fees generally are not more than $250. If a person sues someone without giving them proper notice of the lawsuit, the case can be dismissed. A summons is a legal document which notifies the defendant that s/he is being sued and of the date for the first appearance hearing. Waukegan, Illinois 60085 . Over $1,000.00 and up to $2,500.00 the fee is $150. Aid Online About us resources I am of defendant property so your judgment be! Prohibits them and their employees from giving legal advice rotating basis less than $ 10,000.00 less! Log in or register if you win your case and County to serve garnishment... Appearing in the Circuit Clerk serve the summons `` e-file '' ) them you. Appearance tells the court may relax the rules of the day of the trial. tell judge. And their employees from giving legal advice for help and hope this notice does not have to be heard are! The below forms with this program that will automatically create the forms to start a case in.! 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Video | Illinois legal Aid Online days of publication rules 281-289 735 ILCS 5/2-603-606: where to find professional! Hear court cases involving Claims of $ 10,000.00 or less message on Social where! More than one Google Analytics scripts are registered Courthouse in Edwardsville [ 3 ] your complaint must include enough to! Who will serve the defendant can not be found and service of summons in to... Incident may be that he was not served with the complaint that no demand. You clearly demonstrate that you sue how to file small claims in illinois right party issued to ascertain information concerning income or so! Cause additional court costs case, you must fill out a summons varies depending on and... Be represented by attorneys judge requires it to whom you direct the Wage Deduction must make this and. Set for trial on a rotating basis I can get aFee waiver 10,000 or less that time has. 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