Illinois Small Claims
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Table of Contents
Small claims court is a simplified means of settling minor civil issues without the expense and hassle of traditional legal procedure. Since every state has its own laws, it is necessary to know how Illinois' system works to safeguard your rights, recover your money, and settle disputes quickly.
Small claims apply to small businesses, contractors, landlords, tenants, and customers, often without the need for a lawyer. Illinois' Circuit Courts handle small claims under the Illinois Supreme Court Rules, which include hearings, pleadings, and service.
What Is a Small Claims Court in Illinois?
A small claim, as defined by the Illinois Supreme Court Rule 281, is a civil action based on a tort or contract that seeks little more than $10,000 (exclusive of interest and costs). Simple contract/workmanship claims, security deposit disputes, unpaid loans or invoices, and modest property damage are typical examples of small claims cases handled in Illinois.
Courts may relax the rules of procedure and evidence during an informal hearing to achieve a timely and equitable conclusion. Proceedings are intended to be quick and casual. Although corporate appearance regulations apply, parties may choose to engage attorneys or represent themselves.
Small Claims Court Limits in Illinois
The monetary cap for small claims court in Illinois is $10,000, exclusive of interest and costs. Unless a timely jury demand is submitted (by the plaintiff at filing or the defendant by the first return/appearance date), the small claims case will be a bench trial.
Also, unless a party specifically requests twelve jurors, there will be six jurors sitting; local fee regulations are in effect. Illinois limits corporate self-representation; courts commonly state that corporations may not appear as a plaintiff without counsel, though they may appear as a defendant through an officer/authorized agent. You should consult your local circuit court clerk to verify whether these apply.
How to File a Small Claims Case in Illinois
There are certain steps that you should take when filing a small claims case in Illinois, regardless of where in the state you file. These steps include:
1) Confirm eligibility & venue: File where the defendant resides, does business, or as otherwise permitted by statute. You’ll file in the Circuit Court for the county.
2) Use statewide forms: Start with the Illinois Supreme Court's Approved Statewide Forms library's Small Claims Complaint and Small Claims Summons (fillable PDFs). Each step is explained in the "How to File & Serve" instruction packet.
3) E-file your case: Illinois uses Odyssey eFileIL statewide. Both attorneys and individuals representing themselves can register and submit filings online. Courts provide accessibility and how-to resources. You may be able to get your fees waived if you qualify.
4) Serve the defendant properly: Under Rule 284, you may request the clerk to serve by certified or registered mail within the state. You can also use a sheriff/appointed process server.
5) Prepare your evidence: When getting your evidence together, you should get witnesses, estimates, contracts, invoices, messages, and emails together. To make a quick, low-cost decision, courts may schedule an informal hearing when pertinent evidence is allowed and create a relaxed proceeding.
Small Claims Courts in Major Illinois Cities (examples)
- Chicago (Cook County) — The Cook County court is located at Richard J. Daley Center, 50 W. Washington St., Chicago, IL 60602. The Civil Division provides small-claims fee info and clerk services at the Daley Center. You can find more information about the Clerk by visiting its site.
- Springfield (Sangamon County) — You can find this court at 200 S. Ninth St., Springfield, IL 62701. The Clerk’s office is in Room 405. The Illinois Courts directory and the Circuit Clerk both include the hours and directions for the Sangamon County courthouse.
- Rockford (Winnebago County) — The Winnebago County court can be found at 400 W. State St., Rockford, IL 61101. The court provides an online records portal for the 17th Judicial Circuit, and the Circuit Clerk posts locations and hours.
- Champaign/Urbana (Champaign County) — The Champaign County court is at 101 E. Main St., Urbana, IL 61801. You can find the contact info of the court clerk and courthouse details on county and state court sites.
What to Expect at a Small Claims Hearing in Illinois
After service and the defendant’s appearance, the court may set a status/return date and then a trial. The judge may hold an informal small-claims hearing in accordance with Rule 286. To get to the merits, the court may interview witnesses, admit all relevant pieces of evidence, and loosen procedural restrictions. Before a jury trial is scheduled, some circuits direct small claims that are requested by juries into their required arbitration track.
A small claim is tried by the court unless a Rule 285 demand is timely filed (by a plaintiff at filing or a defendant by the first appearance date). Six jurors are required unless twelve are asked for during filling. There are statutory requirements that regulate juries with six or twelve members.
A Notice of Appeal must be filed within 30 days of the final circuit court judgment (or within 30 days of the decision on a timely post-judgment motion) to appeal the judgment. Illinois Legal Aid and circuit resources explain the steps.
How to Search for Small Claims Records in Illinois
Unless they’ve been sealed, small-claims case registers are open to the public. These records typically include case numbers, parties, docket entries, hearing dates, and dispositions/judgments in an Illinois small claims record. There isn't a single free platform where you can view dockets for all 102 counties; access depends on the county.
- Cook County : The public can look up the general status of historic and active cases from the Clerk of the Circuit Court.
- Judici (multi-county portal) : You can search dockets on Judici since many Illinois circuit courts publish them there. To see if your county is covered, check the “Participating Courts” list on the site.
- County portals: There are many county portals in Illinois, including Lake County’s public portal, DuPage County's case lookup, and Winnebago County's Full Court Enterprise access. Each of these provides civil/small claims dockets and calendars.
- Re:SearchIL (state e-filing access): A Tyler-hosted portal tied to eFileIL that offers online access to many e-filed records (registration and, in some cases, fees/permissions apply). The Illinois Courts site links to this service.
You can always request records in person from the circuit clerk. Also, you may be able to access unsealed court records at courthouses even where online access is limited.