What is the small claims limit in Illinois?

Illinois small claims is governed by Illinois Supreme Court Rules 281-289.

1. Monetary Limit — Rule 281 defines a small claim as one for $10,000 or less, exclusive of interest and costs. Claims for personal injury, property damage, recovery of personal property, or money judgments are eligible.

2. Filing Fee — Set by each county under 705 ILCS 105/27.1b. Typical ranges: Cook County $89-$284 (sliding scale); DuPage $116-$256; downstate counties $50-$200. Fee waiver via Application for Waiver of Court Fees (Form CC-FW).

3. Lawyers — Permitted. Corporations and LLCs must be represented by counsel in Illinois small claims (Sup. Ct. Rule 282(b)), unless the claim is for collection of debt and a corporate officer or employee files the affidavit.

4. Statute of Limitations — Standard Illinois SOLs: 10 years for written contracts (735 ILCS 5/13-206), 5 years for oral contracts and property damage (§ 13-205), 2 years for personal injury (§ 13-202).

5. Where to File — Circuit Court of the county where (a) defendant resides, (b) the transaction occurred, or (c) defendant has its registered office (735 ILCS 5/2-101 to 5/2-103).

6. Service — Sheriff or appointed special process server. Service must be at least 3 days before the return date (Rule 286). Substitute service permitted on a household member 13+ if defendant cannot be found.

7. Default and Trial — If defendant fails to appear, court may enter default judgment. If defendant appears, the case proceeds to either jury trial (jury demand requires payment) or bench trial.

8. Appeal Rights — Either party may appeal to the Appellate Court within 30 days of the final judgment (Sup. Ct. Rule 303). Appeal is on the record (transcript or bystander's report); no de novo review.

This is legal information, not legal advice.