Illinois Small Claims Court
Everything you need to file a small claims case in Illinois — claim limits, filing fees, step-by-step process, and what you can sue for in Circuit Court.
Quick Facts
How to File a Small Claims Case in Illinois
- Send a Demand LetterBefore filing, send a written demand via certified mail giving the other party 14 days to pay or resolve the dispute. This demonstrates good faith and strengthens your case.
- Complete the Complaint FormVisit your county's Circuit Court clerk or website to obtain the small claims complaint form. Provide your information, the defendant's details, the amount claimed (up to $10,000), and a clear description of the dispute.
- Pay the Filing FeeFile your complaint and pay the fee ($15–$62). Fees vary by county — Cook County fees differ from downstate counties. Ask about fee waivers if needed.
- Serve the DefendantThe defendant must receive formal notice of the lawsuit. Illinois allows service by sheriff, special process server, or certified mail. File proof of service with the court.
- Attend Your HearingBring all evidence organized in a folder. Present your case concisely — the judge hears both sides and typically rules the same day. Winners can recover filing fees as part of the judgment.
Illinois Small Claims Filing Fees
Filing fees in Illinois Circuit Court range from $15 to $62 depending on the county and claim amount. Cook County and collar counties may have different fee schedules than downstate courts. Additional costs include service of process ($20–$60) and document copies.
Illinois courts offer fee waivers for individuals who meet income guidelines. You can request a waiver application from the court clerk when you file your complaint.
What You Can Sue For in Illinois Small Claims Court
- Security deposit disputes — landlord failed to return your deposit or made improper deductions
- Property damage — damage to your vehicle, personal belongings, or other property
- Breach of contract — failure to deliver goods, services, or payments as agreed
- Unpaid debts — loans, wages, or other money owed to you
- Consumer fraud — deceptive business practices or defective products
- Personal injury — minor injury claims within the $10,000 limit
Illinois small claims court handles monetary disputes only. For injunctions, evictions, or family law matters, you'll need to file in a different division of Circuit Court.
Frequently Asked Questions
What is the small claims court limit in Illinois?
The small claims court limit in Illinois is $10,000. Claims above this amount must be filed as a standard civil case in Circuit Court.
How much does it cost to file a small claims case in Illinois?
Filing fees in Illinois Circuit Court range from $15 to $62 depending on the county and claim amount. Cook County fees may differ from downstate counties.
Where do I file a small claims case in Illinois?
File in the Circuit Court in the county where the defendant lives or where the dispute occurred. Most Illinois counties have a small claims division within the Circuit Court.
Do I need a lawyer for small claims court in Illinois?
No. Illinois small claims court is designed for self-representation. Attorneys are permitted but not required. The process is simplified so individuals can present their own cases.
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