How to file a small claims case in Illinois, step by step

Ask for payment in writing

No rule requires a demand first, but the statewide complaint form asks you to confirm that you demanded payment, so send one.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Illinois you can sue for up to $10,000 in the Circuit Court, small claims.

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served (not a P.O. box)
• The amount you're asking for and how you got that number
• The date the problem happened
• A short plain description of what happened
• Proof you asked for payment, if you did
• An email address for court notices

Find the defendant's exact legal name

Name the company exactly as registered and serve its registered agent.

Search: Illinois Secretary of State Business Entity Search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Small Claims Complaint: Statewide Small Claims Complaint, filed with the Small Claims Summons. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $10,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the complaint; the statewide form includes a certification that the facts are true. No notary is needed.

Make copies

Prepare one copy of the complaint and summons for each defendant, plus one for yourself.

File your claim

Choose how you'll file:

The Circuit Court of the county where the defendant lives or where the problem happened; a business can also be sued where it does business. Self-represented filers must e-file unless they get an exemption.

Pay the filing fee

Each county sets its own fees, based on the amount. Cook County: $287 for claims up to $2,500 and $379 above that. Madison County: $94 up to $2,500 and $264 up to $10,000. Service by certified mail through the clerk is a few dollars plus postage; the sheriff costs more. Can't afford it? Ask for a fee waiver: Application for Waiver of Court Fees (full or partial waiver based on income).

Keep what the clerk gives you

You get a case number and a summons with the first court date, 40 to 61 days out.

Have the papers served

You can't serve the papers yourself. The clerk can send them by certified mail (Illinois defendants only), or the sheriff or a court-appointed process server can deliver them.

For certified mail to count, delivery must happen at least 21 days before the court date.

File proof of service

Return of service or certified mail receipt

The sheriff or process server files the return; with certified mail, the signed receipt must show delivery at least 21 days before the court date.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant must file an appearance; a written answer isn't required unless the judge orders one.

Settling before the hearing

If you settle, file a motion or stipulation to dismiss, or ask the judge to enter the agreement.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk to issue a subpoena and have it served on the witness.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• The case may be tried on the first court date, so bring all your evidence
• Arrive 30 minutes early and check in with the clerk or bailiff
• Bring three copies of every document and your evidence in date order
• Bring your witnesses, or a subpoena if they won't come voluntarily
• Turn your phone to silent; dress neatly

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't appear, you can ask for a default judgment. If you don't appear, your case can be dismissed.

Know the appeal rules

Either side can file a motion to reconsider or a Notice of Appeal within 30 days. Appeals go to the Illinois Appellate Court and are decided on the trial record, not a new trial.

Collect your money

If they don't pay, use a citation to discover assets, wage deduction, bank garnishment, or a lien on real estate. The judge can order installment payments. Judgments can be enforced for 7 years.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.