Illinois Small Claims Court

How it works in Illinois

1. Decide whether small claims fits, and try to resolve the dispute first. Find the defendant's address.
2. Complete the statewide Small Claims Complaint and Summons. Attach any written agreement you're suing on.
3. File with the circuit clerk in a county where the events happened, the defendant lives, or the defendant's business operates. Most filings must be e-filed unless you have an exemption.
4. Pay the filing fee or apply for a fee waiver. Put the court date from the clerk on the summons.
5. Serve the defendant by certified mail through the clerk, the sheriff, or a private process server.
6. Go to the first court date even if it isn't the trial, because some counties dismiss cases when the plaintiff doesn't appear.

What it costs

Set by county and claim size. Outside Cook County the state caps it at $94 for claims of $2,500 or less and $266 for larger small claims. Cook County charges $287 and $379. Service costs are extra.

How long you have to sue

735 ILCS 5/13-206, 5/13-205, 5/13-202. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal by filing a notice of appeal with the circuit clerk within 30 days of final judgment or of the ruling on a timely post-judgment motion. It's a review on the court record, not a new trial.

Official links

• Illinois small claims self-help
• Court forms
• Find your court