A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Illinois you can sue for up to $10,000 in the Circuit Court, small claims, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
No rule requires a demand first, but the statewide complaint form asks you to confirm that you demanded payment, so send one. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Statewide Small Claims Complaint, filed with the Small Claims Summons. The first court date is 40 to 61 days after the summons is issued, and the case is often tried that day. The defendant doesn't have to file a written answer.
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. If you can't afford it, ask for a fee waiver: Application for Waiver of Court Fees (full or partial waiver based on income).
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Consumer Fraud Act claims have 3 years. A payment or new promise to pay can restart the 10-year clock on a written contract.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 10 years |
| Broken verbal agreement | 5 years |
| Damaged property | 5 years |
| Personal injury | 2 years |
| Fraud | 5 years |
| Libel or slander | 1 year |
| Claims against a government agency | Claims against the State go to the Illinois Court of Claims. Claims against cities and counties generally must be filed within 1 year. |
You don't need a lawyer, but you can have one. A corporation must have a lawyer to sue, though it can defend itself through an officer or manager. In Chicago's Pro Se Branch, plaintiffs must represent themselves.
The limit is $10,000, not counting interest and costs, and small claims only award money. In Chicago, the Pro Se Small Claims Branch handles claims up to $3,000 where the plaintiff must represent themselves. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Courts provide interpreters free of charge. Ask ahead with the statewide Request & Order for an Interpreter form.