Illinois Small Claims Court: An Overview of the Process

Filing a claim in Illinois Small Claims Court, the court handling small claims matters in Illinois, can be a straightforward and inexpensive way to settle a dispute. Although the procedures are more relaxed than in traditional courts, you still must follow the rules to prevail.

Below are answers to some common questions about the Illinois Small Claims Court process. You'll learn about preparing and presenting your case, appealing a small claims decision, and collecting a money judgment. You'll also find links to additional small claims articles and resources.

How Does Illinois Small Claims Court Work?

A small claims case starts by filing a claim with the Illinois Small Claims Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing.

To prevail at the trial, you must present evidence supporting your case. The defendant will also have the opportunity to present a defense in response. A defendant who files a counterclaim against you must submit evidence proving you owe the defendant money. You'll have an opportunity to defend yourself against the counterclaim.

After hearing each side's argument and evaluating the evidence, the judge will issue a money judgment to the person proving they're entitled to an award. Receiving a money judgment is very powerful because it allows a creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

What Is the Small Claims Court Limit in the Illinois Small Claims Court?

You can ask for up to $10,000 in a small claims action in the Illinois Small Claims Court. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $10,000 maximum. Otherwise, they must file in a higher court. (Illinois Supreme Court Rule 281 (2025).)

Can a Landlord Bring an Eviction Lawsuit in an Illinois Small Claims Court?

Yes, you can bring an eviction matter for unpaid rent or property damage in the small claims department, as long as the dollar amount involved does not exceed the $10,000 limit.

Small claims court is also an excellent forum for other types of cases brought in small claims courts, including breach of contract disputes.

Which Illinois Small Claims Court Should I File My Small Claims Action in?

Illinois has many Small Claims Courts, but you can't always pick the most convenient location. You must choose the proper court location or venue. Otherwise, the defendant can ask the court to transfer or dismiss your action.

In Illinois, you can file in the county where one of the following occurs:

• where any defendant resides
• where the transaction or the injury occurred
• if the defendant is a private corporation, where it does business
• if the defendant is a public corporation, where its principal office is located.

(735 Ill. Comp. Stat. § 5/2-101 (2025).)

Go to the Illinois Secretary of State's business database to search for company information. Also, be aware that you might have other options, depending on your case. Most courts post venue rules on the court website.

How Much Time Do I Have to File a Case in Small Claims Court in Illinois?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, the personal injury statute of limitations typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in Illinois Small Claims Court?

Yes. In Illinois, lawyers can appear on behalf of small claims plaintiffs. Corporations are required to have attorney representation in small claims court, but individuals aren't required to hire a lawyer. (Illinois Supreme Court Rule 282 (2025).) Small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per" or without counsel.

Does the Defendant Need to Answer the Small Claims Complaint?

No. A defendant doesn't need to file a response to the claim to avoid an automatic loss and default judgment. Instead, the defendant can attend the hearing and put forth a defense. However, you should check with your court to determine if there is anything else you must do to avoid a default. (Illinois Supreme Court Rule 286 (2025).)

Learn more about what happens if you get sued in small claims court.

Will I Have a Judge or Jury Trial in Small Claims Court in Illinois?

You can choose whether a judge or jury will decide your small claims matter. A plaintiff must ask for a jury when filing the claim; a defendant can ask for a jury before the first appearance. Otherwise, a judge will hear the case. The requesting party will have to pay additional fees to cover the cost of the jury. (Illinois Supreme Court Rule 285 (2025).)

Find out what to expect at the small claims trial.

How to Prepare and Present an Illinois Small Claims Court Case

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured or repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Types of Evidence Should I Present in Small Claims Court?

If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged about it. You might also want to present photos of shoddy work or damaged property.

If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of an illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.

Learn about gathering evidence in support of your small claims case.

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

After an Illinois Small Claims Court Trial: Collecting the Judgment and the Appeals Process

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.

Will the Court Collect My Judgment for Me?

No. You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Yes. Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

Can I Appeal an Illinois Small Claims Court Decision?

Either side can appeal the decision. You must file a notice of appeal with the clerk of the court within 30 days of the entry of judgment. In many small claims courts, the clerk sends a notification of the entry judgment by mail, but the procedure used by your court could be different. (Illinois Supreme Court Rule 303 (2025).)

Be sure to locate the proper date. You must comply with the filing deadline and other rules or you'll lose your appeal rights. If you're confused about the process, talk with a local attorney.

How to Find More Information About Illinois Small Claims Court

Most county courts post forms, filing instructions, and other helpful information on their websites. You can also view Illinois law online on the Illinois General Assembly website. (See, especially, 735 Ill. Comp. Stat. §§ 5/2-101 to 5/2-208; 705 Ill. Comp. Stat. § 205/11.) The applicable court rules are found in the Illinois Supreme Court Rules, Rules 281 to 289, 303.

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is a great place to start if you have other questions.

After reading through all of those resources, you might find that you still have questions. An experienced local lawyer can walk you through your options and help you decide on a path forward.