How does small claims court work in Illinois?
1. Jurisdictional Limit
Illinois Supreme Court Rule 281 defines a small claim as a civil action for money not exceeding $10,000. Cook County and other jurisdictions follow the same cap (735 ILCS 5/2-1602).
2. Court Name
Small claims are heard in the Small Claims Division of the Circuit Court of each county. There is no separate "small claims court" in Illinois.
3. Filing Fee
Filing fees range widely: about $89-$184 in most counties, up to $351 in Cook County for claims over $2,500. Fee waivers are available under 735 ILCS 5/5-105 for indigent plaintiffs via an Application for Waiver of Court Fees.
4. Filing the Claim
File a Small Claims Complaint (Form SC-G 100) in the county where the defendant resides, where the transaction or any part of it occurred (735 ILCS 5/2-101). Service is performed by the sheriff or special process server, or by certified mail when authorized by Rule 284.
5. Defendant's Response
The Complaint includes a return date approximately 21-40 days after filing. Defendants need not file a written answer unless ordered; oral defenses at the return date suffice. Counterclaims must be filed in writing if they exceed $1,500 (Rule 287).
6. Attorney Representation
Attorneys are permitted on both sides. Corporations may sue/defend through a non-attorney officer or employee only if the claim does not exceed $10,000 (Rule 282(b)).
7. Hearing
Discovery is limited; Rule 287 requires court permission for depositions or written discovery. The Illinois Rules of Evidence apply, but judges typically relax formal requirements. Many counties refer cases to mandatory arbitration if over $10,000, but small claims usually proceed to bench trial.
8. Judgment & Collection
Appeals go to the Illinois Appellate Court within 30 days (Ill. S. Ct. R. 303), based on the trial record (no de novo review). Collection tools include wage deduction summons (735 ILCS 5/12-801), bank citation to discover assets (§ 2-1402), and judgment liens on real estate recorded under § 12-101.
9. Statute of Limitations
Standard SOLs apply: 10 years for written contracts (735 ILCS 5/13-206), 5 years for oral contracts (§ 13-205), 2 years for personal injury (§ 13-202), and 5 years for property damage (§ 13-205).
This is legal information, not legal advice.
- Your claim exceeds $10,000 and must proceed under standard Circuit Court rules with full discovery
- The defendant is a corporation seeking to be represented by a non-attorney, which is permitted only in small claims
- You need to appeal on the record where preserved objections and trial transcripts become critical
- Ill. S. Ct. R. 281-289
- 735 ILCS 5/2-1602
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.