Small Claims Overview

A small claim is any civil action seeking not more than the amount defined by the Illinois Supreme Court pursuant to Supreme Court Rule 281 (exclusive of interests and costs) based on either contract, tort or for the collection of taxes.


 

This case type includes the following:

  • Contract damages $10,000.00 or less 
  • Tax collection $10,000.00 or less 
  • Tort damages $10,000.00 or less

 


 

Filing Fees

Claim

Filing Fee

$250.00 or less

$137.00

$250.01 - $1,000.00

$162.00

$1,000.01 - $2,500.00

$172.00

$2,500.01 - $5,000.00

$222.00

$5,000.01 - $10,000.00

$272.00
Small Claims
Small Claims Summons - 19B

Summons Served Upon Defendant Requiring Appearance and Answer in Small Claims Case

Small Claims Summons - 19B

Small Claims FAQs

When asking for a judgment of $10,000.00 or less. The Small Claims Court can order a judgment only for money. It cannot require a person or business to perform a service or stop a certain action or to return property.
You will need a Complaint and Summons and you must pay the filing fee. Please have the original and three copies of the Complaint and Summons when you file your case. If you are suing more than one person, you will need an extra complaint and summons. You may obtain the Complaint and Summons from our website or in person at our office.

There are three ways you can attempt service: 

  1. Certified mail through the Clerk of the Circuit Court, 
  2. Will County Sheriff or 
  3. A private process server.
If your server does not have a license, they must be appointed. The Motion and Order to Appoint a Process Server may be obtained from our website or in person at our office. If your server has a license, they do not need to be appointed.
Your court date (or “return date”) can be 14-40 days after you file your case.
You can check the case activity through our web site or call the Circuit Clerk’s Office at (815) 727-8592 to find out if the defendant was served. Please have your case number available when you call. If the sheriff has served the summons for you, they will also be able to provide you with the service information. Their phone number is (815) 727-8895
If the defendant is not served with the first summons, another summons must be issued. This is called an alias summons. The fee for an alias summons is $5.00.
You can hire an attorney. You can also appear in court on the return date listed on the Summons and either admit liability or file an Appearance and Answer denying liability.