Illinois Standardized Forms - Approved - How to File ...

1 HOW TO FILE & SERVE A SMALL CLAIMS COMPLAINT & SMALL CLAIMS SUMMONS NOTE: If there are any words or terms used in these instructions that you do not understand, please visit Illinois Legal Aid Online at For more information about going to court including how to fill out and file Forms , call or text Illinois Court Help at 833-411-1121 or go to What is Small Claims Court? oSmall Claims Court is a place where you can sue aperson or business, if the amount you are seeking is$10,000 or less.

2 The case may be based on anagreement or the fact that someone has harmed youor your of cases that can be filed in Small ClaimsCourt include: Someone physically injured you or damagedyour property and refuses to pay for your loss; Your landlord refuses to return your securitydeposit ; Someone owes you money for work you have done, but refuses to pay you; or You paid for work to be done, but the work wasdone poorly and the contractor refuses to fix can I get in Small Claims Court? oSmall Claims judges can order a judgment only judge cannot require a person or business to dosomething or stop doing something, or to should I consider before filing a Small Claims Complaint?

3 OTry contacting the other person or business to solvethe problem out of court. If you are successful, yousave time, effort, and expense. Call or write theother party to explain your position and thesettlement you whether the Defendant has money,income, or property. If the Defendant does not haveany money, you may not be able to collect even ifthe judge decides the Defendant owes you can file a Small Claims Complaint? oAny person 18 years or older may file a SmallClaims Complaint with or without a lawyer. Peopleunder 18 must have a corporation can also file a Small ClaimsComplaint. However, it must be represented by it cost to file a Small Claims Complaint?

4 OYes. There is a fee to file a Small Claims are also costs related to filing and serving theSmall Claims you cannot afford to pay the filing fee, you can askthe court to file for free or at a reduced cost by filingthe Application for Waiver of Court Fees fo und do I file a Small Claims Complaint against? oYou cannot collect money against a Defendant whois incorrectly named on the Small Claims if your lawsuit is against a person or abusiness. If it is against a person, use the individual s fullname to the best of your knowledge. If it is against an incorporated business, usethe full legal name and address of the business.

5 To find the full legal name and address of anincorporated business, you can search the online database of the Illinois Secretary of State for the full legal name of the business at _ unincorporated businesses, soleproprietorship, or general partnerships willnot appear in this database. If it is against an unincorporated business,sole proprietorship or general partnership,you should name the owner of the businessitself as the Defendant, along with theabbreviation d/b/a (doing business as). Forexample: David D. Donald d/b/a Donald Towing. You can look for the name of the owner ofthe business on your agreement, thewebsite for the business, signs for thebusiness, or advertisements.

6 If the unincorporated business operatesunder an assumed name (advertising name ,such as Action Plumbing ), you may beable to find out the name of the owner(whom you must name as the Defendant) byconsulting the county clerk or do I file my Small Claims Complaint? oGenerally, you must file in the county where theDefendant lives or where the events of the casehappened. For example, where the accidentoccurred, or where the contract was Illinois Supreme Court Approved Forms at: SC-I Page 1 of 6 (06/22) oA business may be sued in any county where it doesbusiness or has an office.

7 You can find out theirlocations by visiting the business website or your claim in the wrong county may result inthe judge dismissing your case or transferring it tothe correct courthouse. If you are not sure whichcounty is right, talk to a Forms do I need? oSmall Claims Complaint: This form asks the courtfor a money judgment and gives information neededto begin the case. The email address (if you haveone) and mailing address you put on the (FormName) is where important legal documents will besent to you. You should use an email account thatyou do not share with anyone else and that youcheck every day. If you do not check your emailevery day, you may miss important information,notice of court dates, or documents from Claims Summons: This form tells eachDefendant that you are asking the court for a to Sheriff: You should use this form whensuing a Defendant located outside of the countywhere you file your Small Claims Complaint oroutside of for Waiver of Court Fees: You onlyneed this form if you cannot pay the filing fee (seeimmediately below).

8 You file the Application forWaiver of Court Fees to ask the court to file for freeor at a reduced can I find the Forms I need? oYou can find the Forms do I fill out my Small Claims Complaint? oAt the top of the Small Claims Complaint, write yourname as the Plaintiff. Write the name of the personor business you are suing as the Small Claims Complaint must include thecorrect legal name , address, and phone number ofthe Defendant. If you sue an incorporated business,you must use its legal name . This may be differentfrom the name you know it paragraph 5 of the Small Claims Complaint, writethe facts that explain why the Defendant owes youmoney.

9 You must also include the amount of moneyyou are asking for (must be $10,000 or less). You donot need to include court costs. The judge mayaward court costs to the party that the bottom of the Small Claims Complaint, youmust sign the Small Claims Complaint is based upon awritten document of any kind (like a lease orcontract), you must attach a copy of it to the SmallClaims Complaint. The copy must be readable. Ifyou do not have a copy of it, you must explain why itis not available in the Small Claims do I fill out my Small Claims Summons? oIf you are suing an individual: If you are suing more than 1 Defendant,complete a separate Small Claims Summons foreach Defendant.

10 You must fill out the top of the Small ClaimsSummons the same way you filled it out on yourSmall Claims Complaint. You will also need theaddress of the Defendant. The Small Claims Summons must include yourcontact information and the address where theDefendant can be served with the Small ClaimsSummons. Ask the Circuit Clerk for the court date, time, andlocation (including courtroom or phone or videoconference information) and enter that date inSection 3. Ask the Circuit Clerk for the phone number andwebsite for their office to list in Section 3. To find the phone number for your Circuit Clerk,visit You will need to decide how to serve theDefendant.