In Illinois, residents can turn to small claims court to settle disputes with a monetary value of $10,000 or less. Small claims court helps individuals settle claims that meet or are less than this threshold in a relatively quick and cost-effective manner. The nature of the small claims court system is make the process simple enough that the average person can represent themselves without the added expense of hiring a lawyer.
Getting Started
If you have been unable to resolve your dispute with the other party by any other means, you can file a small claims case in your county. Each county has its own process and applicable fees. The Circuit Clerk’s office can explain the process and fees to you. Check with your local courthouse for their specific requirements. Most require that you fill out the claim with basic information such as name and address of the defendant, a brief description of the claim and the dollar amount of the claim. In addition you can request that any fees associated with the case and its filing also be passed on to the defendant if you are awarded the judgment.
The documents are then sent to the defendant either via certified mail or are hand delivered or “served” by the sheriff’s department. Court dates are set and both parties should appear in order to be heard.
Preparing for Court
The proceedings are much less formal than other civil cases but plaintiffs will still be expected to prove their claims. The Illinois Attorney General’s website has a wonderful list of recommendations on preparing for court. Some things you can gather are any documents that support your claims. If there are witnesses who can testify regarding the case, they should also be available. Keep notes on everything that has transpired so you can clearly and concisely explain your case. You can also sit in on a session or two to get a feel for what to expect from the proceedings. Many people find this useful.
Judgment
If the plaintiff does not show up, the case is dismissed. If the defendant does not appear but there is evidence they were served with the court documents, the judge may enter a judgment in default against the plaintiff. This makes the plaintiff liable for the amount of the judgment immediately.
If the plaintiff does appear, the judge will ask if he disputes your claim. If he does not dispute it, the judgment will be awarded to the plaintiff and the amount claimed is due and payable immediately. However, if the defendant disputes your claim, there will be a trial. This may occur immediately in some counties. In others, another court date may be set. This will be the time to present witnesses and evidence.
This article is in no way intended to take the place of legal advice. The intent is to familiarize the reader with considerations that should be made before deciding to use small claims court. If you are considering a small claims case, do your research and if necessary, consult with an attorney. Many offer free initial consultations.