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Small Claims Court, which is available in every judicial circuit throughout Illinois, provides a quick
and inexpensive way for people to try to collect money when the claim is $10,000 or less, according to the
Illinois Judges Association (IJA).
Typically, people use Small Claims Court to resolve matters like a breach of contract, damage to a rental apartment, insufficient repair of an automobile, credit card debt and bounced checks. The amount of the debt can range from a few hundred to several thousands of dollars. The Small Claims Court can enter a judgment only for money, and cannot require or forbid certain conduct by a party.
“In Small Claims Court, the rules are relaxed, and there’s an informality factor, so it can be a great way for people to resolve their differences,” says Hon. M. Carol Pope, a judge in the Eighth Judicial Circuit, in Petersburg, and treasurer of the Illinois Judges Association. “Most disputes are resolved in one day, usually with neither party having a lawyer.”
The challenge for a plaintiff (the person bringing the lawsuit) is proper preparation, according to Hon. Martin Moltz, a judge in the Circuit Court of Cook County, in Chicago. “Plaintiffs need to make sure all the paperwork is in order before they come before a judge,” he says.
Among the documents they need to present in court are items like receipts, checks and photos; written letters supporting a plaintiff’s claim are often inadmissible because they are considered “hearsay.” Instead, the party must bring in the actual witness to testify, and if the witness is reluctant, a subpoena, which is a court order requiring a person to appear and testify, may be issued.
The role of the judge is to decide the issues that are presented fairly and impartially. The judge cannot give advice to either side. “A judge must rule based on admissible evidence,” says Judge Pope. “The
plaintiff has the burden of proof, and it’s not always a black and white matter.”
Even if the judge rules for the plaintiff, collecting the amount owed is another story. The biggest misconception about Small Claims Court is that a plaintiff, if victorious, will be able to collect the judgment on the day of the ruling,” says Judge Pope. “Often, collecting the money is a long and involved process which may include garnishment of wages or a lien on a piece of property. The losing party also has the right to appeal the judgment within 30 days of the ruling.”
To bring a small claim suit, you must prepare a complaint and summons, file them with the clerk, pay the filing fee and have them served on the defendant personally or by certified mail if the defendant lives in
the State of Illinois. Both judges urge those considering Small Claims Court to learn as much as they can
about the process. One way is to visit an actual courtroom where small claims cases are heard. Most judicial
circuits have web sites or offer pamphlets with information about the process. Also helpful is www.IllinoisLegalAid.org, an on-line free legal information service. In Chicago, there’s a self-help desk on
the 6th floor of the Daley Center as well as a post-judgment room on the 14th floor, where litigants can try to work out a payment schedule.
The Illinois Judges Association, established in 1971, provides continuing legal education to members of the judiciary and education to the public on the Illinois courts and court procedures. For further information, write to the IJA at 321 S. Plymouth Court, Chicago, IL 60604-3997, or visit their web site at www.ija.org.
Note: This information was prepared as a public service by the Illinois Judges Association. Its purpose is to inform citizens of their legal rights and obligations. Consult a lawyer if you have questions about the application of the law in a particular case.