File a small claims case in Illinois

Start your small claims case in Illinois with the assistance of Cape Law counsel
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Save time on finding the right court and forms

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Transparent fees

How to file a small claims case in Illinois

First, you will need to prepare a Summons and Complaint. Cape Law can prepare the forms for you to proceed to court as pro se litigant with the assistance of counsel. Blank forms are available on the Illinois Court website. The Complaint describes your claim against the defendant, and the Summons tells the defendant that you filed a lawsuit.
The completed Summons and Complaint must be e-filed with the appropriate circuit clerk along with the filing fee. Cape Law can file the forms and submit the filing fee for you. Most courts also have a help desk for pro se litigants.
After filing, you must send the Summons with the Complaint attached to all defendants. You must serve the defendant(s) within a certain amount of days and in certain ways. You may not serve the defendant yourself. Cape Law can help you determine the appropriate method of service and coordinate with the process server. The clerk’s office or the help desk can also provide helpful information on how to complete this important step.

Proceed to small claims court with confidence

Filed with the assistance of counsel

A licensed attorney will verify the legal entity of the defendant, court jurisdiction, and prepare the documents to initiate your case

Stay informed

Cape Law will monitor the docket and keep you informed on important court updates

Be prepared for your hearing

Book consultations with the attorney on your case at any time to discuss how to present your arguments and evidence at the hearing

What’s your case about?

Goods & Services

Issues with services or products you bought

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Employment

Issues related to your workplace

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Housing & Rent

Home ownership or rental issues

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Vehicles

Issues of purchases,
services or accidents

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Privacy & Defamation

Confidentiality and damaged reputation

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Loans

Issues related to money owed to or by you

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Something else?

File a small claims case in Illinois

File your small claims case in Illinois with the assistance of Cape Law counsel. Filing fees vary by county and claim amount.

Cook
Sangamon
Kane
Winnebago
DuPage
Peoria

Cook County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $287
  • Claims up to $10,00: $379

 

Sangamon County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $110
  • Claims up to $10,00: $277

Kane County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $139
  • Claims up to $10,00: $314

Winnebago County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $117
  • Claims up to $10,00: $292

DuPage County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $150
  • Claims up to $10,00: $250

Peoria County small claims filing fee

Court Value Limit

  • Claims up to $2,500: $156
  • Claims up to $10,00: $191

A law firm by your side

Professional legal help to pursue justice with confidence

Personal case manager to keep you up to date and your file organized

Court documents prepared by an attorney

Filing, serving, and guidance on court hearings

Assistance with communicating with the other party and court

How to get started with Cape Law to file a small claims case in Illinois

1
Complete the online intake form to provide basic information about your case
2
A licensed Cape Law attorney will review the information and may reach out to discuss your case in detail or request additional information
3
If your case is determined to be appropriate for small claims court filing, your court documents will be prepared and filed with the assistance of counsel
4
The Cape Law team will keep you updated on your case progression once your case is on the court docket

Explore alternative dispute resolution options

There are other options besides going to small claims court that may cost less and yield a quicker resolution, depending on your dispute. Schedule a consultation with a Cape Law attorney to explore your options.

FAQ

Will Cape Law represent me in Illinois small claims court?

Cape Law does not provide in-court representation. Illinois small claims court does allow attorney representation if you do not wish to attend the hearing on your own. You can search for a local attorney through the Illinois State Bar.

What should I consider before filing a small claims case in Illinois?

Proving your case is important but there are other things to consider before filing a case in small claims court. Consider whether you can locate the person you are suing in order to serve the summons, the defendant’s ability to pay if you win, costs involved in a court case, time you may have to take off from work, etc.

How long does the small claims process take in Illinois?

Depending on the county you file in, your court date (or “return date”) can be 14-40 days after you file your case. However, your case will not be heard until the defendant is successfully served. If you need more time to serve the defendant(s) in your case, it will add more time to the process. Cases may also be postponed or continued if the parties stipulate or if the court grants a motion by either party.

What happens if I win my small claims case in Illinois?

If you win your case, you will receive a judgement in your favor. The judgement is the court order that states the defendant owes you money. After the case is over and the judgment is entered, the plaintiff is called the creditor. The defendant is called the debtor and has 30 days to appeal the decision. If the defendant/debtor refuses to pay you the judgment amount, there are several ways to collect the money. You can send a personal citation to the debtor or third-party citations to the debtor’s bank to seize their assets or to the debtor’s employer to garnish their wages.

What happens if I lose my small claims case in Illinois?

Either party can appeal a small claims court decision and take the case to appellate court. In most counties, you must file an appeal within 30 days of the day the judge enters the judgment. You need a good reason to appeal the case. Some examples of reasons for appealing include: evidence in the case did not support the decision, the trial was unfair, or the judge made legal or factual errors. The appeals process is very complicated, with additional fees and rules. When considering an appeal, you may want to consult with an attorney.

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