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HOW TO FILE & SERVE A SMALL CLAIMS COMPLAINT& SMALL CLAIMS SUMMONSNOTE: If there are any words or terms used in theseinstructions that you do not understand, please visitIllinois Legal Aid Online atllinoislegalaid.org/lexicon/glossary. For more informationabout going to court including how to fill out and fileforms, call or text Illinois Court Help at 833-411-1121 orgo to ilcourthelp.gov.Does it cost to file a Small Claims Complaint?o Yes. There is a fee to file a Small Claims Complaint.o There are also costs related to filing and serving theSmall Claims Summons.o If 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 found orms.What is Small Claims Court?o Small Claims Court is a place where you can sue aperson or business, if the amount you are seeking is 10,000 or less. The case may be based on anagreement or the fact that someone has harmed youor your property.o Examples 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 havedone, but refuses to pay you; or You paid for work to be done, but the work wasdone poorly and the contractor refuses to fix it.Who do I file a Small Claims Complaint against?o You cannot collect money against a Defendant whois incorrectly named on the Small Claims Complaint.o Decide if your lawsuit is against a person or abusiness.What can I get in Small Claims Court?o Small Claims judges can order a judgment only formoney.o The judge cannot require a person or business to dosomething or stop doing something, or to returnproperty.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. To find the full legal name and address of anincorporated business, you can search theonline database of the Illinois Secretary ofState for the full legal name of the essservices/corp.html. What should I consider before filing a Small ClaimsComplaint?o Try 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 want.o Consider 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 money.Who can file a Small Claims Complaint?o Any person 18 years or older may file a SmallClaims Complaint with or without a lawyer. Peopleunder 18 must have a lawyer.o A corporation can also file a Small ClaimsComplaint. However, it must be represented by alawyer.SC-I 1802.3 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. 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 localmunicipality.Where do I file my Small Claims Complaint?o Generally, 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 signed.Find Illinois Supreme Court approved forms at: rms.Page 1 of 6(06/22)
ooA business may be sued in any county where it doesbusiness or has an office. You can find out theirlocations by visiting the business’ website or callingthem.Filing 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 lawyer.oHow do I fill out my Small Claims Summons?o If you are suing an individual:What forms do I need?o Small 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 otherparties.o Small Claims Summons: This form tells eachDefendant that you are asking the court for a moneyjudgment.o Letter to Sheriff: You should use this form whensuing a Defendant located outside of the countywhere you file your Small Claims Complaint oroutside of Illinois.o Application for Waiver of Court Fees: You onlyneed this form if you cannot pay the filing fee (seeimmediately below). You file the Application forWaiver of Court Fees to ask the court to file for freeor at a reduced cost.Where can I find the forms I need?o You can find the forms orms.oHow do I fill out my Small Claims Complaint?o At the top of the Small Claims Complaint, write yourname as the Plaintiff. Write the name of the personor business you are suing as the Defendant.o 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 by.o In paragraph 5 of the Small Claims Complaint, writethe facts that explain why the Defendant owes youmoney. 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 wins.o At the bottom of the Small Claims Complaint, youmust sign it.SC-I 1802.3If 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 Complaint. If you are suing more than 1 Defendant,complete a separate Small Claims Summons foreach Defendant. 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 rt-clerks/. You will need to decide how to serve theDefendant. You can have the Circuit Clerk sendthe Small Claims Summons and Small ClaimsComplaint by certified mail. Or, you can have theSheriff or a special process server serve theDefendant.If you are suing a business: First, find out if it is incorporated. Do this bygoing to the Illinois Secretary of State’s ss services/corp.html. If you find the business in thedatabase, look for the full legal name of thebusiness. The business may also have a RegisteredAgent. A Registered Agent is a person orcompany who agrees to accept legal papers foran Illinois business. If a business has aRegistered Agent, you must serve theRegistered Agent. Put the name of the business and the name ofthe Registered Agent, if any, on the SmallClaims Summons below “Defendant’s addressand service information.” Second, if the business is not in this database,you must serve the owner. The owner can beFind Illinois Supreme Court approved forms at: rms.Page 2 of 6(06/22)
ooooooserved at their place of business or home. Putthe name of the owner on the Small ClaimsSummons below “Defendant’s address andservice information.”If you are suing more than 1 Defendant, complete aseparate Small Claims Summons for eachDefendant.You must fill out the top of the Small ClaimsSummons the same way you filled it out on yourSmall Claims Complaint.The Small Claims Summons must include yourcontact information.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.You will need to decide how to serve the Defendant.You can have the Circuit Clerk send the SmallClaims Summons and Small Claims Complaint bycertified mail. Or, you can have the sheriff or aspecial process server serve the Defendant.providers are free while others charge aprocessing fee. For instructions on how to e-filefor free with Odyssey eFileIL, see the self-helpuser guides here: illinoiscourts.gov/selfhelp/how-to-e-file/.o Step 2a: Serve through the Circuit Clerko You can have the Circuit Clerk serve the Defendantby mailing your Small Claims Complaint and SmallClaims Summons to them by certified mail. TheCircuit Clerk will then fill out the Proof of Servicesection on the Small Claims Summons. This is proofthat the Defendant was (or was not) served.o Only the Circuit Clerk, not you, may mail the SmallClaims Complaint and Small Claims Summons.o This method is less expensive than the other waysto serve the Defendant. Pay the Circuit Clerk thefees for each party or give the Clerk a copy of yourOrder for Waiver of Court Fees (if you have one) toreceive a full or partial waiver of the fees.o If you think the Defendant will not sign the receipt(green card) that shows they got the forms, you maynot want to use this method of service.o If there are multiple Defendants, you must fill out aseparate Small Claims Summons for each one.Step 1: File your forms with the Circuit Clerk.o You must file the Small Claims Complaint and SmallClaims Summons with the Circuit Clerk.o You must electronically file (e-file) court documentsunless (1) you are an inmate in a prison or jail andyou do not have a lawyer, (2) you have a disabilitythat keeps you from e-filing, or (3) you qualify for anexemption from e-filing.You will qualify for an exemption if: (1) you donot have internet or computer access at homeand it would be difficult for you to travel to aplace where you could use a computer; (2) youhave trouble reading or speaking in English, or(3) you tried to e-file your documents, but youwere unable to complete the process becausethe equipment or assistance you need is notavailable. If you qualify for an exemption, fill out aCertification for Exemption from E-Filing foundhere: ms.Step 2b: Serve through the sheriffo You can have the sheriff serve the Defendant. Ifthere are multiple Defendants, you must fill out aseparate Small Claims Summons for each one. Adeputy will hand-deliver the Small Claims Complaintand Small Claims Summons. They will then fill outthe Proof of Service section on the Small ClaimsSummons. This is proof that the Defendant was (orwas not) served.o This method is more expensive than certified mail.File the original and 1 copy of your forms andthe Certification, with the Circuit Clerk’s office inperson or by mail.To e-file, create an account with an e-filing serviceprovider. o Visit illinoiscourts.gov/service-providers.htm toselect a service provider. Some serviceSC-I 1802.3You can bring your forms on paper or saved ona flash drive.The terminal will have a scanner and computerthat you can use to e-file your forms.Step 2: Serve the other party with copies of yourSmall Claims Complaint and Small ClaimsSummons.o To “serve” a form means to deliver it to the personyou are suing.o If you are suing more than one person, you mustserve every person you are suing.o You can serve each Defendant in one of three ways:through the Circuit Clerk (see Step 2a), through thesheriff (see Step 2b), or through a special processserver (see Step 2c).What do I do after I fill out the Small ClaimsComplaint and Small Claims Summons? If you do not have access to a computer or if youneed help e-filing, take your forms to the CircuitClerk’s office where you can use a public computerterminal to e-file your forms.Find Illinois Supreme Court approved forms at: rms.Page 3 of 6(06/22)
ooAttach the Small Claims Summons to the front of thecopy of your Small Claims Complaint.In person or by mail, ask the sheriff in the countywhere the person to be served lives to serve yourSmall Claims Summons and Small ClaimsComplaint.oStep 3: Confirm serviceo The person who serves the Small Claims Summonsand Small Claims Complaint will fill out the Proof ofService section of the Small Claims Summons. Theywill then either file it with the Circuit Clerk or mail it toyou.o If the Circuit Clerk mailed the forms to theDefendant, the receipt (green card) will be mailedback to the Circuit Clerk. You can call the CircuitClerk to see if the receipt has been returned andwhether it shows that the Defendant was served.You may be able to look up this information online ifyour Circuit Clerk offers this option.o If the sheriff or special process server files the Proofof Service with the Circuit Clerk, call the Circuit Clerkto find out if it has been filed. If it has been filed, askthe Circuit Clerk how to get a copy.o If the sheriff or special process server mails theProof of Service to you, make a copy for yourself. In person: Bring copies of your Small Claims Summonsand Small Claims Complaint to the sheriff’soffice. Pay the sheriff’s fees for each party OR givethe sheriff a copy of your Order for Waiver ofCourt Fees (if you have one) to receive a fullor partial waiver of the fees. By mail Mail copies of your Small Claims Summonsand Small Claims Complaint to the sheriff’soffice. Include the Letter to the Sheriff found orms. Include a self-addressed and stampedenvelope for the sheriff to mail the Proof ofService to you.File the original with the Circuit Clerk. If you e-file the Proof of Service, it willalready be stamped for your records. If you have an e-filing exemption and youpaper file your Proof of Service, have theCircuit Clerk stamp your copy.If you used the sheriff or a special process server,and they were not able to serve the other party, askthem why. This can happen for a number ofreasons. For example: Pay the sheriff’s fees for each party OR mail thesheriff a copy of your Order for Waiver of CourtFees to receive a full or partial waiver of the fees. If the Defendant does NOT live in the same countyor state where the case was filed: Get the name, address, and telephonenumber of the sheriff for the county or thestate where the Defendant lives. Call the sheriff in that county or state to findout:o If it is the correct sheriff’s department forthe address where you want the otherparty served; No one was home when the sheriff or processserver came; The wrong address was given; OR The address where you should bring ormail your Small Claims Summons andSmall Clams Complaint; The Defendant is avoiding service by refusing toanswer the door. After learning why the Defendant was notserved, you will need to try again. To do this,you fill out another Small Claims Summons,check the box for “Alias Summons,” and ask thesheriff or special process server to try to servethe Defendant again. The number of copies of your SmallClaims Summons and Small ClaimsComplaint to bring or send; AND The sheriff’s fees for service and if theywill honor your Order for Waiver of CourtFees (if you have one). A sheriff in Illinoismust honor it. sheriffs outside of Illinois donot, but they may.Step 4: How to get a court date.o Ask the Circuit Clerk if you have to schedule a courtdate or if one will be scheduled automatically.o If you need to schedule the court date, ask theCircuit Clerk how to do so. The Circuit Clerk mayschedule the court date or you may have to speakwith other court staff.Step 2c: Serve through a special process servero If you do not wish to use the sheriff, you may be ableto use a special process server to serve the SmallClaims Summons instead.SC-I 1802.3For information about how to use a special processserver, see How to File and Send a Motion toAppoint Special Process Server orms.Find Illinois Supreme Court approved forms at: rms.Page 4 of 6(06/22)
oWhen you get your court date, ask if the court willsend notice of the court date to the other party or ifyou need to.ooStep 5: Get ready for your court date.o You may be able to attend the court date by phoneor video. This is called a “Remote Appearance.” Callthe Circuit Clerk or visit their website to find out howto do this. To find the phone number for your CircuitClerk, visit rt-clerks/.o Decide and write down:oo A photo I.D.Get to the courthouse at least 30 minutes early.Go to the courtroom number listed on your courtform. If your forms do not have a courtroom number,look for a list of cases at the courthouse, or ask theCircuit Clerk.Check in with the courtroom staff and wait for yourname and case number to be called.When your case is called, walk up to the judge andintroduce yourself.Step 7: Present your case.o You, as Plaintiff, will present your case first. Topresent your case, tell the judge the facts and details What you want to ask the judge to do for you;of the case. If you brought witnesses, ask the judge What you will say to the judge if asked to tellto bring up your witnesses. Ask the witnessesyour side of the case; ANDquestions about the case so that the judge can heartheir answers. Give any evidence, such as Questions you have for witnesses, includingpaperwork or photos, to the judge. After eachDefendants, if there are any.witness testifies, the Defendant can question thato Gather and make copies of pictures and documentswitness, including you.you want the judge to see. Bring the original for theo When presenting your case, be brief and stick to thejudge and one copy for you and each of thefacts. Say what happened in the order it happened.Defendants in the case.Do not interrupt or argue with any witness. Listeno If you want the judge to hear from other people,carefully so you can tell the judge why you disagreethose people will have to come to court and bewhen it is your turn to speak.witnesses. You cannot use a written statement fromo After you finish presenting your case, the Defendantthe witness instead of having them come in person.will present their case. The Defendant may testify,ask questions of witnesses, and present physicalStep 6: Go to your court date.evidence. You may question each of theo You may have received a court date or writtenDefendant’s witnesses, including the Defendant.appearance date from the Circuit Clerk when youo If the judge asks you questions, answer them clearlyfiled your Small Claims Complaint, or you may haveand directly. Show respect to everyone in thereceived a written notice later from the Defendant orcourtroom, including the Defendant.Circuit Clerk. If you cannot find your court date andtime notice, call the CircuitoAfter hearing bothClerk.Make sure you know how you are tosides, the judge will make adecision called a judgment ando If your court date is byattend your court date.put it in writing in the Smallphone or video:Your court date could be in person, by phone or byClaims Order or write their own Make sure to have thevideo. If it is by phone or video it is called aorder. The judge may awardcall-in or login“Remote Appearance.” Call the Circuit Clerk or visityou all or part of the moneyinformation for yourtheir website for more information. To find theclaimed or find that thecourt date and makephone number for your Circuit Clerk, visitDefendantdoes not owe yousure your technology courtanymoney.working.clerks/. Follow the instructionsoGet a copy of the Orderon the court notice you received. Call the Circuitbefore you leave the courtroom.Clerk or Circuit Court or visit their websites foro The Order often requires the losing party to pay thespecific technology instructions.winning party’s court costs. Follow these recommendations to appear byo Just because the judge gives you an Order, it doesphone or video: illinoiscourts.gov/self-help/courtnot mean you will be paid the money. If you are notby-phone-or-video.paid, then you must then take steps to enforce theo Bring these items with you to court:Order. For information on how to do this, see theSmall Claims Citation forms at Copies of all the documents you filed with Circuit Clerk.forms. Any witnesses you want to testify. Any documents you want the judge to look at.SC-I 1802.3Step 8: After the Small Claims Order is enteredFind Illinois Supreme Court approved forms at: rms.Page 5 of 6(06/22)
oooIf you win the case, the Defendant owes you theamount on Order.If you lose, you have 30 days to file a Motion forthe judge to reconsider the ruling or file anappeal to a higher court.You can use the Motion form found here for amotion to reconsider or the forms on theAppeals tab to file an ved-forms.SC-I 1802.3Find Illinois Supreme Court approved forms at: rms.Page 6 of 6(06/22)
Small Claims Complaint? o Any person 18 years or older may file a Small Claims Complaint with or without a lawyer. People under 18 must have a lawyer. o A corporation can also file a Small Claims Complaint. However, it must be represented by a lawyer. Does it cost to file a Small Claims Complaint? o Yes. There is a fee to file a Small Claims .
