Illinois Small Claims Court
How It Works & How to File
Learn the Illinois small claims process, filing limits, costs, timelines, and what to expect at your hearing—plus how our step-by-step help makes it easier.
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How Small Claims Court Works in Illinois
Small claims court in Illinois is part of the Circuit Court system. It provides an affordable and efficient way for individuals and businesses to resolve disputes without a lawyer. If your claim is $10,000 or less, Illinois small claims court may be the best way to recover money owed or property.
This Guide Covers:
Who can file in Illinois small claims
What types of cases qualify
Step-by-step filing instructions
Timelines and hearing expectations
What happens if you win or lose
Who Can File a Small Claims Case in Illinois
You can file a case in Illinois if:
Your claim is for $10,000 or less
The dispute is civil, not criminal
The case is filed in the county where the defendant lives, works, or where the dispute occurred
What You Can Sue For in Illinois
You may sue for money or property disputes up to $10,000. Common examples include:
Unpaid rent or security deposits – Example: A landlord refuses to return a $2,000 security deposit.
Unpaid invoices or wages – Example: A contractor completed work but wasn’t paid $5,000.
Property damage – Example: A neighbor’s tree falls and causes $3,500 damage to your fence.
Breach of contract – Example: A seller takes $1,000 for a car down payment but never delivers the car.
Faulty services or products – Example: A $2,500 roof repair that still leaks.
Unreturned or stolen property – Example: Loaning tools valued at $800 that are never returned.
Illinois Small Claims Court Process
Confirm Eligibility – Your claim must be $10,000 or less.
Identify the Correct County – File where the defendant lives or where the issue occurred.
Prepare Your Evidence – Contracts, receipts, texts, photos, and witnesses.
Complete the Small Claims Complaint – Available through the Illinois Courts Standardized Forms.
File the Complaint – In person or electronically if your county supports e-filing. Filing fees typically range $30–$100.
Serve the Defendant – Usually by sheriff, process server, or certified mail (with court approval). Service fees range $30–$75.
Attend the Hearing – Present your case before a judge with your evidence.
How Long Does the Process Take?
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Filing to hearing: 1–3 months depending on the county
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Judgment issued: Within days to weeks after the hearing
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Appeals: Must be filed within 30 days of the judgment
What Happens If You Win
Court enters a judgment in your favor
Defendant must pay voluntarily or face collections (bank levy, liens, or wage garnishment where allowed)
What Happens If You Lose
You may be ordered to pay court costs
You can appeal within 30 days
Losing doesn’t affect your criminal record—small claims is civil only
Serving the Defendant in Illinois
Service can be done by:
Sheriff (most common)
Licensed process server
Certified mail (with court’s approval)
Proper service is critical—your case may be dismissed without it.
Why Many Start with a Demand Letter
Illinois courts encourage trying to resolve disputes before filing. A demand letter:
Often leads to faster settlements
Shows the judge you tried to resolve the issue
Creates evidence for your case
💡 Illinois Demand Letter: We can prepare and mail a professional Illinois demand letter for $39—often resolving cases without going to court.
How Sue.com Can Help
Our Illinois Small Claims Court Help package takes the stress out of filing:
Walks you through the correct forms and steps
Ensures you file in the right county and jurisdiction
Helps you prepare evidence and arguments for court
Provides an optional Trial Prep Kit, giving you strategies and tips for presenting your case confidently
Most importantly, we simplify the process so you don’t waste time or risk errors that could get your case dismissed.
Resources – Illinois Small Claims Court
Statewide:
Cook County (Chicago):
DuPage County:
Lake County:
Will County:
Step 1
Answer a Few Simple Questions
Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.
Step 2
We Draft Your Illinois Demand Letter
Using your answers, we instantly generate a professionally written, legally sound Illinois demand letter tailored to your situation.
Step 3
We Mail It for You
We print and mail the legal demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.
Ready to Send Your Illinois Demand Letter?
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What is the maximum amount I can sue for in Illinois Small Claims Court?
In Illinois, the maximum amount you can sue for in a small claims case is $10,000. This limit does not include court costs or interest, which you may also be entitled to. If your claim is for more than $10,000, you must either sue in a higher civil court or “waive” the extra amount and agree to the $10,000 maximum to stay in small claims.
How do I start a small claims case in Illinois?
You start a case by filing a “Complaint” form with the Clerk of the Circuit Court in the proper county (usually where the defendant lives or the incident occurred). You will have to pay a filing fee, which varies by county and the amount you are suing for. When you file, the clerk will issue a “Summons,” which is the official legal notice you must have delivered to the defendant.
Do I need a lawyer to file in Illinois Small Claims Court?
For individuals, no. The small claims process is designed so that you can represent yourself. However, Illinois has a specific rule: a corporation (even a small LLC) cannot represent itself in court. If you are suing a corporation, they will likely have a lawyer, and if your business is a corporation, you must hire one to represent you.
What happens after I file the Complaint?
After filing, you are responsible for formally notifying the defendant of the lawsuit. This is called “service of process.”You must have a copy of the Complaint and the Summons officially delivered to the defendant. This is typically done by paying the county Sheriff or a licensed private process server to hand-deliver the documents. In some cases, you may be able to serve by certified mail, return receipt requested, if the defendant is in Illinois.
How much does it cost to file a small claims case?
The cost varies significantly from county to county (e.g., Cook County fees are different from DuPage or Lake County). The fee is tiered based on the amount of money you are suing for. You will pay one fee to file the case and a separate fee to have the Sheriff serve the summons. You can find the exact, current fee schedule on the website of your local Circuit Court Clerk.