Illinois Small Claims Court Guide
Everything you need to know about filing a small claims case in Illinois — dollar limits, filing fees, court locations, and step-by-step guidance.
Illinois Quick Facts
Maximum Claim
$10,000
Filing Fee
$119–$379
Court fees added to your case — not due today
Court
Small Claims Court (Circuit Court)
Overview
Small Claims in Illinois
Illinois small claims court is a division of the Circuit Court and handles civil disputes where the amount claimed does not exceed $10,000. The court provides a simplified process for resolving monetary disputes, though Illinois is distinctive in requiring corporate plaintiffs to be represented by an attorney, unlike many other states that prohibit attorney representation entirely.
Filing fees in Illinois are tiered and vary by county: $119 for claims under $250, $172 for claims of $251–$1,500, $177 for claims of $1,501–$2,500, $227 for claims of $2,501–$5,000, and $379 for claims of $5,001–$10,000. Cook County has higher fees, with a flat $379 filing fee. These costs are recoverable as court costs if you win your case.
Illinois small claims court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. Individuals may represent themselves, but corporations and other business entities must be represented by a licensed attorney. The court can award monetary judgments, including filing fees and court costs.
To file, you must submit a complaint form to the Circuit Court in the county where the defendant lives, works, or where the dispute occurred. After filing, the court issues a summons for service on the defendant. The hearing is typically scheduled within 40 to 60 days. Illinois's large population and diverse economy mean small claims courts handle a high volume of cases.
Where to File
File in the Circuit Court of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims cases. The defendant must be served at least 21 days before the hearing if served in-state, or 30 days if served out-of-state.
Statute of Limitations
Written contracts: 10 years. Oral contracts: 5 years. Property damage: 5 years. Personal injury: 2 years. Fraud: 5 years from discovery.
Appeal Rules
Either party may appeal to the Circuit Court within 30 days. The case is retried de novo.
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