how to file small claims in illinois

The sheriff will go to the address you list on the summons and attempt to serve the defendant. The court that you would take your case to is called an appellate court. Once they serve the defendant, they will fill out a sworn statement on the back of the summons explaining how they served the defendant. After each witness testifies, the opposing party has an opportunity to cross-examine the witness as to anything so testified. File a written answerwith the Circuit Clerk on or before the appearance date(see Answer form). Copy and paste this code into your website. The person can check with whomever was supposed to deliver the summons, whether that is the sheriff, or a special process server, to see if the summons was delivered. (The Plaintiff and or Plaintiff's attorney must always appear on the summons Return Date, regardless if service has been had or not. This requires the Defendant to appear in court where he/she is placed under oath and must answer questions by you concerning his/her employment, locations of his banking accounts and other sources of income, as well as property owned. If the complaint is not verified, the plaintiff will have to produce some form of evidence. A person cannot serve the summons and complaint on thedefendanton their own. Supreme Court Rules (http://www.state.il.us/court/) are available online and at most local libraries and in the law library at the Madison County Courthouse. This usually costs more than using the Sheriff, but it can be a way to serve defendants who are harder to find or who are avoiding service. So, always be sure to sue the right party. Part of the Expungement & Sealing library, sponsored by Latham & Watkins. However, it is important to note that judges are not responsible to try a case for a pro se litigant. At the request of the plaintiff, and if the defendant resides in the state, service may be made via certified mail by depositing a mailing fee with the Clerk for each defendant to be served along with the original and one copy of the summons for each defendant, as well as an affidavit setting forth each defendants last known mailing address. This method is less expensive than the other ways to serve the defendant. 1 Research the law. Also bring to trial all estimates of repair and letters or writings that may have some bearing on the case. Recognizing that some applicants cannot pay the filing fees, USCIS established a fee waiver process for certain forms and benefit types. Assistance is provided through the Chief Judge's Office. 3. personal injury. How to file and respond to a lawsuit in the Small Claims Court of DuPage County, Illinois They must file aMotion toAppointSpecial Process Server. Out-of-state employers do not have to honor a wage deduction. Last full review by a subject matter expert. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Follow these suggestions when going to court: Last full review by a subject matter expert. Illinois Supreme Court Rules 281-289 735 ILCS 5/2-603-606 : Where to find the forms and instruction sheet: illinoiscourts . If the NOTICE is served in person, it must be at least 2 days prior to the requested Court date. Therefore, if a person does not have money, income or property, there is no legal way for the Court to help you get the money owing to you. Contactthe circuit clerk to find out about their fees. They will not leave the papers on the dooror force their way into the house. )Fe=[~G2n?W!Ja-`{1Q V @8r .VV(nPV `b^>Y'F&;Kxm.\A The original summons and service page are returned to the Clerk after service. Small claims court is a civil court designed to be a user-friendly, low-cost way of settling legal disputes of up to$10,000. If you qualify, you can get aFee waiver. The circuit court clerk takes care of all documents and files for court cases. Court fees are (1) $119 for lawsuits under $250 (2) $172 for lawsuits of $251.00-$1,500 (3) $177 for lawsuits of $1,501-$2,500 (4) $227 for lawsuits of $2,501-$5,000 & (5) $247 for lawsuits of $5,001-$10,000. Click here for more information onfiling a motion. However, if you do not pay, the plaintiff can ask the court to have the money: You will also have to pay the plaintiff's court fees for taking these actions. Writ Of Attachment- is an order by the Court to the Sheriff, commanding him/her to take a person into custody for contempt of Court and directing him/her to hold the person until the day of Court or admitting him/her to bail for a future Court date. Use this to leave this site immediately. The types of claims that are accepted are: Motor vehicle accidents involving . If you cannot afford to pay the filing fee, you can ask the court to file for free or at a reduced cost by filing the Application for Waiver of Court Fees found at illinoiscourts.gov/Forms/approved/. Internet usage can be tracked. During the Covid pandemic, the courts require waivers to be e-filed. Where do I file the complaint and how much does it cost? Notice, and an opportunity to be heard, are required. After filing a small claims case in Illinois the Complaint and Summons are served on the defendant. These rules apply if the debt you are being sued for is from a credit card. The citation will be issued by the Circuit Clerk, but the petition for such a citation must be filed by the plaintiff(See Citation to Discover Assets form, which includes Citation, Citation Notice, Third Party Citation to Discover Assets, Citation Notice). Defendant- is the party being sued. Law Minor (LM) - money damages $50,000 or less. The rate is 9% a year. Your feedback is the best way for us to improve our services. The motion and order must set forth the identity of the process server. You may attend any of these courtroom proceedings to observe. A complaint or petition is a document that says . If you need legal assistance you can contact the DuPage County Bar Association Lawyer Referral Service at (630) 653-9109. You must file the Complaint with the Clerk of the Circuit court - Civil Division located on the first floor of the Judicial Building, 505 N. County Farm Road in Wheaton, Illinois. endobj A judgment can be appealed by either party to the 2nd District Appellate Court in Elgin, Illinois. 2022 Lake County Clerk of the Circuit Court. The clerk's phone number for the court is: 630-407-8700. To do so, the plaintiff may show the judge or jury papers, or ask witnesses to answer questions. A list of fees can be found here.) CS-G 700.2 Page 1 of 1 (08/21) A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee. All small claims court sessions are open to the public. (This is an order of the Court commanding a person to appear and testify at the trial.) 4. evictions. <> If you win your case, you can usually have the defendants pay for your court costs. Hello. The fact that the defendant offered to settle the case will not be held against her/him at the trial. However, you are expected to follow the court's rules and procedures. If the judge dismisses the complaint, the case is over. The court may enter a default judgment against you. Execution-an order to the Sheriff to sell property owned by the Defendant after judgment has been entered to satisfy the judgment. If someone thinks they need to file their lawsuit against the government or a government agency, they should talk to anattorney. How do you file a Small Claims Complaint? However, when the amount claimed does not exceed $1500, a corporation may defend a small claims proceeding through any officer, director, manager or other person vested with the responsibility of managing the affairs of the corporation. If a subrogation claim or other right of reimbursement claim that arises out of the payment of medical expenses or other benefits exists with respect to a claim for personal injury or death, and the personal injury or death estate claimant's recovery is diminished: (1) by comparative fault; or. But, you may receive an exception to file in person or by mail. It is given to a person (or business) so that they know they are being sued and they are given the opportunity to defend themselves. In the State of Illinois, Small Claims Filing offers complete Filing and Serving services. Once served on the defendants employer, a percentage of the defendants wages must be withheld. Subpoena- a writ of the Court commanding a person to testify in a pending Court case. If you believe that you have a good counterclaim, you should contact a lawyer. If you need additional information, you can call the Circuit Court Clerk's Small Claims office at (630) 407-8802 or go to www.dupageco.org/CourtClerk/CourtForms.aspx. or will they go further more? Once the sheriff serves the defendant, the sheriff fills out a separate certificate of service or a sworn statement on the back of the summons copy, thenfiles it with the court. Any witnesses are then sworn and examined on the witness stand. They are designed to enable an individual to collect a debt, or settle any small legal controversy, without going through as much legal process and expense as might be required by a more substantial claim. Sorry long story but this is so important for me to know, I am in hard situation, How should I keep my cosigner away from getting a summons served to him, because I am the one who wants to be involved in the situation not him, because if it will go more further then I have to get to the ERP program to stop eviction. As officers of the court, State law prohibits them and their employees from giving legal advice. Filing a Claim Court of Claims The Court of Claims is the court of exclusive jurisdiction for all claims filed against the State of Illinois. All small claims cases will be tried by the court (judge) unless a jury demand has been filed. A program to help you respond to a small claims case against you. If the defendant is a corporation, you must serve an officer of the corporation or the registered agent. A customer from 3 years ago has just served me a summons but the summons says, "This summons must be served within 30 days of it's date, listed above." Then, you will have a chance to present evidence and witnesses. Repair Bills and Estimates- If a claim is based on a written instrument or contract, submit it with the complaint. 2 0 obj Yes. <>/Metadata 502 0 R/ViewerPreferences 503 0 R>> In the motion, they must tell the judge the name of the person who will serve the defendant. The judge must be satisfied that the defendant/respondent can receive and read the summons and documents electronically. A plaintiff must ask for a jury when filing the claim. Waukegan, Illinois 60085 . someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, National Association of Professional Process Servers, Federal court complaint - Northern District of Illinois. Responding to a case filed against me in small claims court | Illinois Legal Aid Online About Us Resources I am. Petition for a Dissolution of Marriage/Civil Union, Dissolution of Marriage/Civil Union (with Children), Dissolution of Marriage/Civil Union (No Children), Petition for Guardianship of a Disabled Adult, Notice to People Acting as Their Own Lawyer, Small Claims Complaint Form Suite - Supreme Court Approved. The Small Claims Division prepares and maintains the following case files. Disclaimer: We will approve a fee waiver only if you clearly demonstrate that you are unable to pay the filing fees. Citation to Discover Assets- a process issued by the Court Clerk, after judgment which requires the Defendant to reveal under oath the location, if any, of his/her bank accounts, property owned or name of employer. You should bring any papers, pictures or other physical objects that have something to do with your case and show them to the Judge. In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Reasonable accommodations may be made to hold appearances via phone or video call. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. www.dupageco.org/CourtClerk/CourtForms.aspx, DuPage County Bar Association Announces High School Video Contest, Law Day Committee Accepting 2023 Liberty Bell Nominations, DCBA Member Firm A. Traub and Associates Opens New Practice in Schaumburg, Professional Responsibility PRMCLE Program-Phoning it in: Pros and Cons of Practicing Law Remotely, Business Law Section CLE Program - Successor Liability from M&A and Alternative Acquisitions. 400 West State Street, Room 101. In order for a subpoena to be legal you must advance the witness fees of twenty dollars and mileage to and from the courthouse at the time of service on the witness. Remember that often times people are employees of someone else, another person or a corporation, and it may be that the employer is the one responsible for your claim. What court date should I set? What is the difference between a summons and a subpoena? The rules of law and evidence apply to small claims trials. A defendant, if he/she desires a jury trial must at the time of filing an appearance, or no later than the date he/she is required to appear, make his/her demand for a jury trial and pay the statutory fee. The person or their lawyer still must send notice by mail to the defendant's home address within 10 days of publication. Before you fill out and file your Answer, talk to an attorney about filing a Motion to Dismiss. Small Claims (SC) - money damages not exceeding $10,000.00. The most important thing you can do is to know the exact date and time for trial and be there on time. Where do I file the complaint and how much does it cost? You do not need to do anything more unless the plaintiff appeals the case or files anything more. A person can serve an alias summons just like a normal summons. I need to gather some evidence and need more time. Check out all the resources available to renters, including legal representation, at Eviction Help Illinois. | At the informal hearing all relevant evidence shall be admissible and the court may relax the rules of procedure and the rules of evidence. Verification is a process whereby someone familiar with the facts signs the complaint, guaranteeing that everything provided for in the complaint is accurate. What do I do for trial? (Note-in order that a subpoena is valid, you must at the time of service deliver the statutory witness fees and mileage.). )Back To Top. Chicago, IL 60602. The cost for serving a summons varies depending on how and where you serve the summons. If so, the following alternative methods of service may be ordered: In these cases, attach a copy of the summons/complaint petition, and any other required documents. If the case has been settled, but you have not received your money, you should go to Court and ask the Judge to continue the case until you have received your money. If you cannot afford an attorney, it is your right to represent yourself in Small Claims Court, whether you are the plaintiff or the defendant. If the plaintiff fails to appear, the case can be dismissed for want of prosecution. Asummonsis an official notice of a lawsuit. If the other party doesn't show up in court, a person can automatically win the case. The most common way to serve a summons is to get the sheriff to do it. Then, they will have the summons served on the other party. For suits in an amount over $2,500.00 and up to $10,000.00, the filing fee is $264.00. If the amount of money exceeds $2,500.00 but not more than $10,000.00 the filing fee is $225.00. Court Record Search: The Circuit Clerk's website may be used to access all (civil and criminal) court dates. x[YoG~'dO!XIlbP6u5$ S5U_}}tKO]W0_JJ|Y~#>WOGfe`7 In order to give proper notice, a person usually must give the other party a summons. Follow these steps to serve a summons through the sheriff: A person can hire a professional process server who is licensed to serve people. Make sure that your witness shows up on the exact date and time for the trial. If you do not know where the Defendant works, has bank accounts or owns property, you should have the Clerk issue a CITATION TO DISCOVER ASSETS. Small Claims Manual Filing Fees: To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. A judge must issue an order appointing the server before they can serve the defendant. An appearance tells the court and the plaintiff that you will participate in the court process. County Government DEPARTMENTS A-I Circuit Clerk Civil Information. Time spent in court which may be the time you have to take off from work. By handing the summons and complaint to the defendant personally at their home or at any location, or. After serving the defendant, the person must complete a signed and notarized affidavit describing how they did it, and attach it to the original summons. If an error is made, you may file a Motion to Amend in order to correct the information. You or any other adult may deliver the subpoena to the witness, or you may ask the sheriff's office to deliver it to them. If the court enters a default judgment against you and you want to challenge it, you must file court forms asking the court to. I filed for divorce in September 2020 and my e-file is exempt. This court has simplified rules and the timeline can bemuch shorter. Worried about doing this on your own? The party demanding a jury must pay $12.50 for a jury of six and $25.00 for a jury of twelve (705 ILCS 105/27.2 S). In order to begin a Small Claims action, you must file a COMPLAINT with the Clerk of the Circuit Court. Subpoena forms are available from the Circuit Clerk. Once a judgment has been collected, a form called a RELEASE AND SATISFACTION OF JUDGMENT should be given by you to the Defendant for filing with the Circuit Court Clerk. ILAO is a registered 501(c)(3) nonprofit organization. This usually costs more than using the sheriff, but it can be a way to serve defendants who are harder to find or who are avoiding service. Find out what to expect at the small claims trial. By Cara O'Neill, Attorney Updated: Mar 6th, 2020 Updated March 5, 2020 Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. At the time of filing a complaint, the PLAINTIFF must make a demand for a jury trial and decide if he/she wants the matter to be tried by a jury of six or a jury of twelve. An Answer is a written response to the court saying whether you agree or disagree with the reasons the other party used to sue you. You are the person filing the lawsuit. Sec. Over $1,000.00 and up to $2,500.00 the fee is $150. Who can use the Small Claims Court? Failure to do so may lead to the case being dismissed for want of prosecution.Back To Top. How do you file a Small Claims Complaint? You must file the Complaint with the Clerk of the Circuit court - Civil Division located on the first floor of the Judicial Building, 505 N. County Farm Road in Wheaton, Illinois. The court's website is here. Please review the E-Filing Guide for Self Represented Litigants. However, hearings for an application to waive fees may now be held over phone or video call within 5-10 days. endobj If you choose to act as your own attorney, you must do all the investigation and preparation normally done by the attorney, including representing yourself in Court, securing witnesses, collecting documents, photographs and the like. Jury Trial Okay so four of us were served an eviction summons 4 defendants and the landlord as the plaintiff, everyone of us was given a single summons for each one of us, On court date Plaintiff's position was that I was not served the summons means that he does not have proper service over me But my cosigner was served the summons, so judge asked me that if i was that defendant who was served the summons in court with us I said it no because he wasn't in court because i am the one who lives in the plaintiff's apartment not my cosigner, But judge said that he does not have any jurisdiction over me according to plaintiff's attorney, So I asked judge if my cosigner has any problem with eviction case, Judge said that my cosigner was served a summons before and next month will be his continued date (A date to an alias summons to be set for status to issue on a that date), because plaintiff attorney asked judge to set it for status after he told the judge that I have a rent relief will be paid in the next coming days, so in this case Will my cosigner be served another alias summons if I will not be able to pay rent in the next months?, Will cosigner be hurt if my landlord wants to issue alias summons, Or am I the one who has to be served the summons (I am the one who resides in the apartment, Who is going to be responsible after court judgement, Will my eviction case be dismissed after the date of alias set to status When landlord gets paid for all rent behind? These rules must be followed and carried out in a timely manner. 4/5/2023DuPage County Bar Association Announces High School Video Contest, 4/5/2023Law Day Committee Accepting 2023 Liberty Bell Nominations, 12/9/2022DCBA Member Firm A. Traub and Associates Opens New Practice in Schaumburg, 6/2/20232023 Presidents Ball and Installation, 6/5/2023Professional Responsibility PRMCLE Program-Phoning it in: Pros and Cons of Practicing Law Remotely, 6/9/2023Senior Lawyers Division Breakfast, 6/13/2023Business Law Section CLE Program - Successor Liability from M&A and Alternative Acquisitions. If the plaintiff wants the matter to be tried by a jury, the demand must be made at the time of filing the complaint. What is Small Claims Court? o Yes. What do I need to do to get the sheriff to find my spouse and serve him so I can get my divorce finalized? The following information does not constitute legal advice of any kind. In most other counties (with populations less than 2 million), process may be served by a private detective or private server without special appointment by the judge. The Small Claims Court is specifically designed to hear court cases involving claims of $10,000.00 or less. They are designed to enable an individual to collect a debt, or settle any small legal controversy involving money, without going through as much legal process and expense as might be required by a more substantial claim. For suits in an amount over $2,500.00 and up to $10,000.00, the filing fee is $264.00. A person cannot move forward with their case until the defendant is served. If you need to get permission, use our Easy Form program to make the required forms. If the defendant resides or is located within the State of Illinois, Certified Mail may be used for service. Privacy Policy | Website Design by Granicus - Connecting People and Government. How can we improve this site? If an individual wishes to proceed under these rules without benefit of counsel, he must realize that certain responsibility rests upon him. A subpoena is an order of the court commanding a person to appear and testify at the trial. You will state: Important informationYou have been sued. If a summons is properly served on the other party, then the parties must present their case in court or file an appearance or an answer. Service by publicationmeans that a notice is published in a newspaper in the area where the lawsuit was filed. The plaintiff is encouraged to appear for the defendants first appearance date. If you plan on representing yourself please read the Notice to People Acting as Their Own Lawyer prior to proceeding. eFiling: Pursuant to Illinois Supreme Court Rule 9, eFiling is required on all civil case types for Attorneys and Self Represented Litigants. File a lawsuit(counterclaim)against the plaintiffalleging the plaintiff owes defendant money in connection with the original claim filed by plaintiff. If a case has been filed against you, you are called the defendant. If the defendant disputes the claim, the case is set for trial on a future date. However, you should know that: You can have your day in court. The plaintiff must file a complaint(see Complaint form). If no jury was requested, the judge will either dismiss the case or give the plaintiff a judgment for the money. To learn if a business is a corporation and to obtain its legal name, consult the Certified List of Domestic and Foreign Corporations through a call to the Illinois Secretary of States Incorporation Division (217/782-6961) or online at www.cyberdriveillinois.com/departments/business_services/corp.html. It has been found that a court date 30 days from the filing of the suit is usually sufficient time for service upon the Defendant. Usually, a fee waiver is filed electronically. Eight Step Process Go to the courthouse. Its purpose is to assist parties appearing in Small Claims Court who are not represented by attorneys. Wheaton, IL 60187. There are also costs related to filing and serving the Small Claims Summons. Prior to filing a wage deduction order, the burden is on the plaintiff to be certain that the defendant is currently employed by the named employer, and that there are no previous wage deduction orders filed against the defendants wages. [3] Your complaint must include enough information to show a legal claim. The trial will be in front of the judge only, or in front of a jury and a judge. The Judge, Circuit Clerk, and the Sheriff are all guided in these proceedings by Illinois Supreme Court Rules. Check with the local circuit clerk. We do our best to reply to each comment. We do our best to reply to each comment. Government and government agencies: It dependson the type of lawsuit that a person files. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. Process Your Small Claims Using The Quickest Online Procedure. The court procedures vary from court to court, so check with the court clerk to determine what happens after the defendant has been served. One important rule is the timing of the Notice of Appeal. Checks for filing fees should be made payable to the McHenry County Circuit Clerk. To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. I suggest you contact IllinoisCourtHelpfor help. The DCBA serves the attorneys, judiciary, and citizens of DuPage County, Illinois in providing legal education, business development and networking opportunities, designed to enhance and benefit its membership and community, while upholding the highest If you are suing for under $250.00, the filing fee is $115. 2023Illinois Legal Aid Online. Make 2 extra copies of each form for the plaintiff and yourself. If the defendant is a corporation, plaintiff must list the name and address of an officer of the corporation or the name and address of its registered agent. If the clerk issues the subpoena, the person you want as a witness is required to come to court. If you think the defendant will not sign the receipt (green card) that shows they got the forms, you may not want to use this method of service. The parties to whom you direct the Wage Deduction Summons or Non-Wage Garnishment Summons must file a sworn answer. Does it cost to file a Small Claims Complaint? Dont leave the courtroom without it. IT IS STRONGLY RECOMMENDED that no jury demand be made without first consulting an attorney, as it is a complex proceeding. Rockford, IL 61101. Subrogation claims. You can also use Get Legal Help to find a lawyer that can figure out options for you and your cosigner. If an individual wishes to proceed under these Rules without the benefit of legal counsel (to act pro se), he/she must do all the investigation and preparation normally done by an attorney. Fees are different from case to case and county to county. bar@dcba.org, Membership Management Software Powered by. Common types of small claims cases include breach of contract, failure to pay back a loan, or damages resulting from an accident. A person may be able to get the fee waived for serving someone. The following are possible outcomes from the first court date: To prepare for trial, do the following things: If a witness refuses to come to court, you can have the court make them come. Corporations and partnerships: Generally, the summons and complaint must be served on theregistered agentrepresenting the corporation or partnership or on an officer of the corporation or partnership. To do this, you will need to get an order called a subpoena from the circuit clerk. Use our Easy Form program to make the motion forms. Also make sure that you sue the proper party. As set forth in the summons, the defendant is required to appear on the appearance date if a written answer has not been previously filed. The defendant must file the release with the Circuit Clerk. Rules To Show Cause- this is an order by the Court, directing a party to appear before the Court on a certain day, to show the Court why he/she should not be held in contempt because of failure to comply with the Court's previous order. 7. Many people believe that by merely filing a complaint, a judgment will be entered and the court, Circuit Clerk, or Sheriff will act to have the money paid. However, if a defendant refuses to accept certified mail, the plaintiff may be required to request another summons be issued and served by the Sheriff, licensed private investigator or private process server. (Note-your attorney must file a document with the Clerk called an appearance.) If I receive a summons but paid the debt the day the summons was served do I need todo anything when the summons or will it be dismissed now? Share & Bookmark, Press Enter to show all options, press Tab go to next option, Contact Us - Elected Officials & Department Head Listing, McHenry County Sheriffs Civil Process Fees. You mayhave a legal reason to have the Complaint dismissed. Until a summons has had service, a Court does not have authority to hear the case. If sent by U.S. mail, the postmark must be 5 days from the Court date requested. Mittimus- a sentence of the Court against a party who has been found guilty of contempt of Court and ordering the Sheriff to hold the person in the County Jail. A Third Party Citation can be issued to ascertain information concerning income or property of the judgment debtor (defendant). ), the plaintiff may serve a garnishment summons on this third party. After you have filed the small claims case, you will need to serve copies of . The summons may be personally served on the defendant or her/his agent by the Sheriff, a licensed private investigator, or a private process server(See Terms and Definitions). Small Claims Self Help RSS Feeds Error: Feed failed! The COMPLAINT is signed by the Plaintiff and the statement is sworn to before a Notary Public or Clerk of the Court. A special process server: anyone over the age of 18 who is not involved in the case. 312.744.5449 Fax. This can be done either in person at the Clerk's office or by writing the Clerk and requesting that the case be dismissed. I am being sued for $10,000 or less | Illinois Legal Aid Online. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/serving-summons. (This means to ask any questions that are material and relevant to the testimony of the witness,not to argue or attempt to testify).The judge may ask questions. There are separate rules for service of process on corporations, partnerships and the government. The rules relating to Small Claims cases are set forth in theRules of the Illinois Supreme Court. A person can hire a professional process server who is licensed to serve people. The judge listens to both parties as well as the witnesses, examines the evidence presented, and then decides the case. This judgment becomes final 30 days after the date judgment is entered, unless defendant files a Motion to Vacate(see Pro Se Motion form)or a Notice of Appeal(there is no prepared form for a Notice of Appeal). The Judge's decision in the case is called a JUDGMENT. All small claims cases are heard at the Madison County Courthouse in Edwardsville. There is also a fee for service by certified mail for each person served. The proposed default judgment order must be filed with the Circuit Clerks Office within 10 days of the defendants appearance date. If the application is approved by the judge, the answer fee is waived. These fees are paid when filing the case in the Circuit Clerks Office. You may also have to file an Answer if the judge requires it. A trial in Small Claims court is a simple and somewhat informal Court hearing where the Judge listens to both parties as well as their witnesses and examines any physical objects that they have brought and then decides the case. A wage deduction is a permanent lien on the employees wages until the judgment has been satisfied. A summons is an official notice of a lawsuit. Where should I file suit? If the defendant lives in another county, and you choose to have the "Summons" served by Sheriff, you must place the "Summons" with the Sheriff of that county. A fee waiver allowsyou to file for free, or at a reduced cost. Know how to explain your side of the story; Organize your documents so they can be easily used; Bring expert witnesses (a mechanic, for example) who will support your case; and. If you choose to have the "Summons" served by the Sheriff of McHenry County (only if defendant lives in McHenry County) the Sheriff will charge a fee for serving the summons based on where the defendant lives. How can I take advantage of the late service of summons in order to reschedule court date? s/he has an opportunity to present a short closing argument or summary of the evidence, and why the Court should find in her/his favor. Civil Division Case Files A,_|2v J e?B'C;phH>P9B #H" OPz7GSu%PLr@.hR>@mPh R;F XlM*4Q!eEPtHTpc"lhnI4>:O1aAQE>%3L@}I For example, this means that in a divorce case, a person would be able to get the divorce itself, but would not be able to get a judgment requiring the other side to paychild support. You may also check the current 18th Circuit Court Rules regarding Small Claims suits. Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. Wheaton, Illinois 60187-0707. The Clerk of the Small Claims Court will assist you with the necessary forms for collection of a judgment. A Notice of Appeal must be filed with the Circuit Clerk within 30 days after entry of final judgment or, if a post-trial motion directed against judgment is filed, within 30 days of the order disposing of the motion. An alias summons is a second summons. You can still file even if you don't have internet access. If the Court has awarded a judgment in your favor, you should ask the Defendant to pay you immediately. Only logged-in users can post comments. Only for Lake County. It costs time and money to file an Answer in court. Arbitration (AR) - money damages (only) over $10,001.00 to $50,000.00. Fees listed below are subject to change without notice. a youth or parent of a youth a survivor of abuse or crime homeless or at risk of homelessness living with a disability living with HIV/AIDS a non-profit organization or small business Family & Safety House & Apartment Money & Debt Business & Work School & Education Health & Benefits Citizens & Immigration Crime & Traffic Courts & Hearings To do so, file a Motion to Dismiss and say the rule they did not follow. If you have been sued in Small Claims Court, you and/or your attorney must appear on the return date set forth by the summons. ILAO is a registered 501(c)(3) nonprofit organization. As court cases are . You have the right to represent yourself in court. The burden is on the plaintiff to take appropriate action to effect collection of the judgment if the defendant refuses to pay.Back To Top. 50. Click here to file your complaint electronically. A lawsuit starts when a person files a complaint or petition. Cox has agreed to pay $37 million to settle class-action claims brought on behalf of an advertising company and a small heating and cooling business, the . Otherwise, the plaintiff will win the case automatically. Most of the information should be listed on court papers: If you are filing a case, you are called the plaintiff. Failure to do so may result in serious difficulties (i.e., the suit may be dismissed or an uncollectible judgment may be entered against a non-existent person). All Illinois Courts must accept these forms. Use this form to let someone know that you are starting a lawsuit against them. This Small Claims Manual is for informational purposes only. 505 North County Farm Road. Only logged-in users can post comments. 630.653.7870 Email: If the claim is based on a written instrument or contract, a copy of that document must be attached to the complaint. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent. The circuit court clerk takes care of all documents and files for court cases. Notice Of Motion- a written instrument sent by either the Plaintiff or Defendant, notifying the other party of a Court date in which you are requesting the Court to take some action. Anyone 18 years of age or older who is not a party in the lawsuit can serve a defendant, but theplaintiffmust first ask the judge for permission. Filing fees generally are not more than $250. % The judge must make a ruling on the motion. The original must be filed with the Circuit Clerk before the Court date. If you do not pay right away, interest will start collecting on the day of the judgment. Please see the article above for more information. REQUIRED FORMS FOR FILING A NEW SMALL CLAIMS CASE: More than one Google Analytics scripts are registered. If so, answer them as clearly and directly as you can. If you fail to show up for the trial, you will lose the case. It is not intended to be a substitute for an attorney or legal advice. If you receive your settlement money before the court date, please notify the Clerk in Person or by mail, informing him that the case has been settled and asking that the case be dismissed. The above-stated answer fee is due at this time. You can find this information out by checking a book called the Corporation Index in the small claims office located in the Judicial Center or by calling the Corporate Search Department of the Illinois Secretary of State at (312) 793-3380. Causes may be (1) No data found for RSS feed https://www.illinoislegalaid.org/legal-information/smallclaims.rss; (2) There are no items are available for this feed; (3) The RSS feed does not validate. Either party can appeal a decision if they lose their case. Small claims court is a civil court where you can sue someone for $10,000 or less (excluding interest of costs). Simplified rules for this court allow for the process to be faster than other types of cases. Failure by the defendant to appear to answer a Citation to Discover Assets may result in the filing of a Verified Petition to Show Cause for Failure to Appear at Citation Hearing. A program to help you complete the forms to start a case in the Northern District of Illinois federal court. If you believe the plaintiff owes you money, you can file a counterclaim. Please log in or register if you want to leave a comment. If the case has been settled, but the plaintiff has not received the settlement money, s/he should go to court and ask the judge to continue the case until the money has been received. 2 N. La Salle St., Suite 350. The rate is 5% for judgments entered on 1/1/20 or later that are $25,000 and are for consumer goods or services (not bodily injury or death). I run a small proprietorship 5 star flooring company. In accordance with Supreme Court Rule 282(b), a corporation may not appear as a plaintiff without being represented by an attorney. Best of luck to you -, Submitted by sam rahim on Tue, 02/08/2022 - 07:23, Submitted by Matt Newsted on Tue, 02/08/2022 - 07:56. Chicago Claims Unit. You must file an Appearance form. Sorry to hear about your situation. They may also call witnesses to testify in support of their claims. No Corporation may appear as claimant, assignee, subrogee or counter-claimant in a small claims proceeding, unless represented by counsel. The party you are suing is called the defendant. degree of civility and professionalism. Generally, you must file your Small Claims action in the county where 1) the defendant resides, or 2) where the events happened which you believe give you the right to sue, e.g., where the accident . For small claims court, you do not have to file an answer, but you should still file an appearance. The party must act as their own attorney. The small claims court in Illinois may hear any of the following claims if the amount in controversy does not exceed $10,000.00: 1. breach of contract. Worried about doing this on your own? You will get notified if any of these things happen. Legal Terms and Definitions: Some counties require the plaintiff to ask the judge for permission to use a professional process server. INTRODUCTION The Constitutions of the United States and the State of Illinois not only guarantee the right to be . Use this to leave this site immediately. When a suit is filed, the clerk will set a court date (called an appearance date) of not less than 21 days nor more than 40 days after the issuance of the summons. Therefore, the judge will exercise his/her judicial discretion in the trial of a small claims case. Can I appeal an Illinois small claims case? If plaintiff receives settlement money before the court date, s/he should notify the Circuit Clerk, in writing, that the case has been settled and ask that the case be dismissed. These fees are paid when filing the case in the Circuit Clerk's Office. They cannot get ajudgmentfor money against someone when they serve them by publication. If the defendant cannot afford to pay the answer fee, s/he must file an Affidavit and Application to Sue or Defend as an Indigent Person (see Indigency form). Once that time period has expired, then no actions related to the incident may be brought. There are fees to file many court forms, especially when starting a case. If you file a Small Claims suit, you are called the PLAINTIFF. Failure to appear to answer the rule to show cause may result in the issuance by the court of a writ of attachment(see Terms and Definitions). All persons involved in small claims proceedings should read this guide. 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