Recently updated on August 11th, 2025 at 05:05 am

Prepare your documents for Small Claims in Illinois

This website helps prepare the forms required for Small Claims in Illinois

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which small claims-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a small claims advisor to get guidance on your case. If you're filing or responding to a small claims case, an advisor can help you understand the process and your legal options. They can review your documents, explain court procedures, and assist you in preparing for your hearing.

4. File with the Clerk

You can begin your small claims case in Illinois by filing a Complaint with the Circuit Court in the county where the defendant lives or where the dispute occurred. You must file in person or electronically, depending on the county. Contact the Clerk of the Circuit Court for your county to get specific filing instructions, forms, and fee information.

Process

Step 1

You: Take Online Screening

Begin your small claims process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening is designed to confirm whether your case qualifies for Small Claims Court and to identify the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and case requirements. Before starting, gather all relevant documents to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by collecting all documents that support your small claims case, including:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, such as receipts, invoices, or bank statements
Emails, text messages, or letters between you and the other party
Photos, videos, or other evidence that support your claim

Next, confirm that your case qualifies for small claims in Illinois (generally $10,000 or less) and complete your court forms. Depending on the county, you may be able to file electronically or in person at the courthouse. Keep copies of all documents and evidence—you’ll need them for your hearing and for serving the defendant. For filing, contact the Clerk of the Circuit Court in the appropriate county.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a written demand for payment or resolution in Illinois, allow a reasonable amount of time typically 10 to 30 days for the other party to respond.

If the issue is resolved during this period (such as by payment or another agreement), you may not need to file a case. However, if the other party fails to respond, refuses to pay, or disputes the claim, you can proceed by filing a Complaint with the appropriate Circuit Court in the county where the dispute occurred.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create one if you don’t already have an account. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will guide you step-by-step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you’re claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms automatically prepares the required Illinois small claims court forms based on your answers and your specific county’s requirements.

Review all documents carefully, then digitally sign them within the platform. If your county supports e-filing, you can submit your forms directly through LegalAtoms. Otherwise, download the complete packet to print and file in person with the Clerk of the Circuit Court in the appropriate county.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the Circuit Court will issue a summons for the defendant. In Illinois small claims cases, you are responsible for arranging service, typically through the sheriff, a private process server, or certified mail—depending on the county’s rules.

If using the sheriff, you’ll need to submit a Letter to Sheriff along with the necessary documents and payment (or proof of fee waiver). After the defendant is served, the server will file a proof of service with the court to confirm that the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers, they are not typically required to file a written response in Illinois small claims cases. However, both you and the defendant must appear in court on the scheduled hearing date.

During this time, the defendant may:

Contact you to try to resolve or settle the case before the hearing
Gather and prepare their own evidence and bring any witnesses to court
File a counterclaim if they believe you owe them money—this must be filed before the hearing, within the deadline set by the court

Step 7

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of the hearing, the judge will issue a final judgment. If the court rules in your favor and the defendant does not pay voluntarily, you can take enforcement steps such as:

Filing a Citation to Discover Assets to identify the defendant’s income and property
Requesting a wage garnishment to collect from the defendant’s paycheck
Garnishing the defendant’s bank account, if allowed by law
Placing a lien on the defendant’s real estate
Requesting the sheriff to seize and sell non-exempt personal property

You must typically wait 30 days after the judgment to allow time for the defendant to file an appeal before beginning enforcement actions.

FAQs

What Is a Small Claims Case?

What is a valid reason for filing a small claims case in Illinois?

You can file a small claims case in Illinois if you’re seeking to recover $10,000 or less (not including court costs or fees), and your dispute involves one of the following situations:

Someone owes you unpaid rent, services, or a personal loan
You paid for goods or services that were not delivered or were defective
You want to recover a security deposit that wasn’t returned
Your property was damaged and you want compensation
A contract was broken, and it caused you financial harm

Small claims cases are filed in the Circuit Court in the county where the defendant lives or where the issue occurred.

What is the small claims process in Illinois?

In Illinois, small claims cases are handled in Circuit Court and are designed to resolve straightforward disputes involving $10,000 or less. Here’s how the process works:

1. Prepare Your Case
Gather evidence like contracts, receipts, photos, or messages to support your claim.

2. File Your Case
File a Complaint in the Circuit Court where the defendant lives or where the dispute occurred. Filing may be in person or online, depending on the county.

3. Serve the Defendant
Arrange for official service using the sheriff, a process server, or certified mail.

4. Attend the Hearing
Both parties must appear. The judge hears both sides and issues a decision.

5. Enforce the Judgment
If you win and the defendant doesn't pay, you may enforce the judgment after 30 days through wage or bank garnishment, liens, or asset discovery.

How long does the small claims process take in Illinois?

Illinois Small Claims Timeline (Estimated: 1–3 Months)

Filing the Case – After you file in Circuit Court, a hearing date is typically set within a few weeks.

Serving the Defendant – You must arrange for official service (by sheriff, process server, or certified mail). The case won’t proceed until service is completed.

Court Hearing – Hearings are usually held 30 to 60 days after filing, depending on the court’s schedule.

Judgment & Collection – If you win and the defendant doesn’t pay, you can begin enforcement (e.g., wage garnishment or liens) after the 30-day appeal period.

What happens if my filing is rejected?

When will I hear back about my filing?

Can I Sue Someone in Small Claims Court Without Going to Court in Illinois?

Are there fees associated with filing a small claims case in Illinois?

Yes, there are fees to file a small claims case in Illinois. The filing fee depends on the amount of your claim and the county, but it generally ranges from $30 to $150. Additional fees may apply if you arrange service through the sheriff or a process server.

If you cannot afford the filing fees, you can request a fee waiver by filing an Application for Waiver of Court Fees. The court will review your financial situation and may waive some or all of the costs.

Do Tenants Have Rights Regarding Security Deposits in Illinois?

Yes, tenants in Illinois have legal rights when it comes to security deposits. If a landlord fails to return a security deposit without a valid reason, the tenant can file a small claims case in Circuit Court to recover the amount.

Landlords must:

Return the deposit within 30 days (if deductions are made, an itemized list must be provided)
Return the full deposit within 45 days if no deductions are made
Comply with additional rules in cities like Chicago, which have stricter landlord-tenant laws

If these rules are violated, tenants may be entitled to additional damages.

Where Can I Get Help with Small Claims Issues in Illinois?

Illinois Courts Website – Official site for statewide court information and free small claims forms.

Illinois Legal Aid Online (ILAO) – Step-by-step legal guidance, small claims forms, and self-help tools for all Illinois residents.

Prairie State Legal Services / Land of Lincoln Legal Aid / Legal Aid Chicago – Free civil legal assistance for low-income individuals across different regions of Illinois.

Illinois Court Help – Free assistance by call or text for navigating the court system without a lawyer.
Call or Text: 833-411-1121

LegalAtoms – Online platform for completing Illinois small claims forms and court packets based on your location.

211 Illinois – Free helpline connecting residents to legal aid, housing assistance, and other community services.
Call: 2-1-1

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Small Claims Complaint
Additional Defendants
Small Claims Summons
Letter To Sheriff