On the return date, the judge will go through the facts of your case and ask the defendant if he or she admits or denies the claims in your complaint. A typical tenant's lawsuit against a landlord might proceed like this: the tenant (plaintiff) files the lawsuit with the court clerk, paying a small filing fee. After a complaint is filed, the next step is for the plaintiff to affect service of the complaint on the defendant(s). You MUST first SAVE/DOWNLOAD each form as a PDF to your computer before you begin. It is the fastest way to get the trial date. You can download the small claims forms from the website of the county court. If you can't find the business owner's name by looking at business cards or other information you have about the business, you can call the county clerk's office or Chamber of Commerce in the county where the business is located and ask to search through their assumed name index. one of the defendants live or (2.) NOTE: Eviction/Joint Action cases cannot be served by Certified Mail. Learn more atLearn more at Chicago.gov/COVIDVax. Chicago, IL 60602 Phone: 312.744.6060 TTY: 312.744.1944 Fax: 312.744.0246 bacpoutreach@cityofchi cago.org Cook County Commission on Human Rights 69 W. Washington St. Ste. An Illinois corporation or any resident in Illinois can use small claims court to file a claim (and be sued as well). Eight Step Process Go to the courthouse. Attn: Claims 121 N. LaSalle St, Room 107 . The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit. The general number to the City Claims Unit is 312-744-5650. Business hours are Monday thru Friday from 8 am to 5 pm. The judge listens to both sides, looks at evidence, and decides who wins or loses the case. How to Sue Someone in Another State? [Step-by-Step Guide] If an individual is under the age of majority (18), the court may appoint a guardian. Since you will have to speak before the judge and tell your story, you should practice what you're going to say several times so you feel confident and comfortable going into the hearing. If they are known by more than one name, you should list both. Jennifer Mueller is an in-house legal expert at wikiHow. Private disputes that do not involve large amounts of money can be taken to the small claims court. However, it can be more difficult finding a way to serve a corporate entity. A demand letter is a written summary describing the circumstances of the plaintiffs claim and explains why the plaintiff should be awarded the money. Save Time & Money on legal form filing issues such as DBA, Name Changes, Small Claims, Trademarks, and much more! The Pro Se Small Claims Court of the Circuit Court of Cook County is a section within the First Municipal District. Depending on the nature of your claim, certain types of documents are essential; for instance, a police/Illinois Traffic Crash report, photographs, video, witness statements or medical records. It is free to use. However, if you don't appear on your second date, your case will be dismissed. For a property damage claim you should submit two written itemized estimates attached on company letterhead or an itemized paid invoice with proof of payment. Thanks to all authors for creating a page that has been read 31,721 times. Chicago, IL 60602. She received her JD from Indiana University Maurer School of Law in 2006. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Before e-filing any "flattened" form, be sure to open the file to make sure that it looks is filled out. If you lose your case, you have 30 days to appeal the judge's decision. 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The following information is intended to facilitate the reporting of claims presented to the City of Chicago. If both you and the defendant fail to appear, the judge may reschedule your case and give you one more chance to show up. Background Information and Regulatory History. Civil Division | Clerk of the Circuit Court of Cook County If so, you may be able to receive compensation from the City of Chicago for some or all of the costs you incurred. Almost every county has its own small claims court. Generally, you can only sueforup to$10,000 in small claims court (orup to$5,000 if youre a business). Illinois small claims courts only award monetary damages you cannot get the court to order the person you're suing to do something or stop doing something. Cases heard in small claims court in Illinois typically involve breach of contract, personal injury, or property damage. Filing costs in a small claims case | Illinois Legal Aid Online Venue rules determine which county you can file in. Choosing a third party private processing server costs you between $95-$225 extra. You can ask for up to $10,000 in Illinois Small Claims Court. | State of Illinois Office of the Illinois Courts, Anticipated Filing Dates and Opinions List, Petition for Leave to Appeal Dispositions, Plead and Pay Traffic / Conservation Tickets (e-Guilty), Illinois Circuit Court Statistical Reports, Probation Eligible Employment Application, Illinois Rules of Professional Conduct of 2010, Illinois Code of Judicial Conduct of 2023, re:SearchIL (Statewide Document Repository), Volunteer Pro Bono Program for Criminal Appeals, Annual Certification of Private Insurance Coverage, Unlawful Use of a Weapon Sentencing Form (SPAC), Judicial Branch Application for Employment, Representation by Law Students / Graduates (Rule 711), Judicial Request for Removal of Personal Information, Circuit Civil, Criminal and Traffic Assessment Reports, Illinois Judicial Branch Strategic Agenda, 2016 Statutory Court Fee Task Force Report, 2023 Statutory Court Fee Task Force Report, Results of 2015 Circuit Court User Survey, Access to Justice Commission's Strategic Plan, Mental Health and Justice in Cook County Bond Courts, Pretrial Practices Data Oversight Board Preliminary Report, Judicial Management Information Services Division (IT), How to File & Serve a Small Claims Complaint & Small Claims Summons, Additional Defendants (Small Claims Complaint), Additional Reasons (Small Claims Complaint). File Your Small Claims Only $149.95 Fill out a simple and secure Chicago small claims court form. This article was written by Jennifer Mueller, JD. It's often possible to reach a settlement of your claim at this time without having a full hearing. 6. If you choose this option, you are responsible for getting the required copies of the forms to the sheriff's department in the county where the defendant resides. Don't interrupt or ask questions directly to the defendant. Before a party files a case in small claims court, it is recommended to contact the party directly by sending a demand letter. | State of Illinois Office of the Illinois Courts, Anticipated Filing Dates and Opinions List, Petition for Leave to Appeal Dispositions, Plead and Pay Traffic / Conservation Tickets (e-Guilty), Illinois Circuit Court Statistical Reports, Probation Eligible Employment Application, Illinois Rules of Professional Conduct of 2010, Illinois Code of Judicial Conduct of 2023, re:SearchIL (Statewide Document Repository), Volunteer Pro Bono Program for Criminal Appeals, Annual Certification of Private Insurance Coverage, Unlawful Use of a Weapon Sentencing Form (SPAC), Judicial Branch Application for Employment, Representation by Law Students / Graduates (Rule 711), Judicial Request for Removal of Personal Information, Circuit Civil, Criminal and Traffic Assessment Reports, Illinois Judicial Branch Strategic Agenda, 2016 Statutory Court Fee Task Force Report, 2023 Statutory Court Fee Task Force Report, Results of 2015 Circuit Court User Survey, Access to Justice Commission's Strategic Plan, Mental Health and Justice in Cook County Bond Courts, Pretrial Practices Data Oversight Board Preliminary Report, Judicial Management Information Services Division (IT), Supreme Court Access for People with Disabilities. If anyone you want to use as a witness isn't willing to appear at your hearing voluntarily, you can have the court issue a subpoena requiring the person to appear. By signing up you are agreeing to receive emails according to our privacy policy. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. If you attached copies of any documents such as receipts or contracts to your complaint, those documents must be attached to the other copies as well. You can ask a lawyer for advice before you go to court, but you can't have one with you in court. USCIS carefully considers the merits of each . Illinois Legal Aid Online provides a guided Interview that will ask you a series of questions related to this topic and then the program will complete the forms for you. It can exceed the $10,000 limit. However, now that she's married, she's changed her name to June Carter Cash. In addition, if you are filing on behalf of your business and you have incorporated your business, you also must be represented by a licensed attorney. In a court trial, the judge will decide the facts of your case and will listen to the evidence provided by the plaintiff and the defendant. Find out how to collect money or your options if you owe money. The judge will also listen to any testimony from any witnesses and examine any exhibits (documents and photographs) provided by the parties. How long to go to court. If you are living in the same county where you are submitting the small claims forms then you should take the documents and submit them by hand. For Chicagoans, the courts that handle these cases are in the Circuit Court of Cook County's Municipal Department. Last Updated: November 18, 2022 You'll have to fill out a request form and pay a fee for each subpoena issued. However, if you filed in any other county in Illinois, you typically are required to appear in court on the return date. The filing fees vary by state, but typically range from $15-$100. How to File in Small Claims Court in Illinois parts 1 Preparing Your Case 2 Filing Your Claim 3 Attending Your Hearing Other Sections Related Articles References Written by Jennifer Mueller, JD Last Updated: November 18, 2022 References You must include your address and phone number on the forms. In Chicago, however, claims such as these are reviewed and settled by the Chicago City Council passing an ordinance to award damages. What types of claims does the City Claims Unit process? X For example, if you have a personal injury claim, you must prove that the defendant failed to fulfill some duty to you, that an accident was caused by this failure, and that you were injured as a result of the accident. You might consider going to court before your court date and watching a few hearings to familiarize yourself with the process. Serving an individual is easy (if an address is known). The law in Illinois mandates that a case be filed in the county where (1.) When you first file your small claims lawsuit, the court will notify the opposing party by issuing a summons to appear in court. NOTE: You mayonlychoose to serve by Certified Mail if your case is under $10,000, and the defendant is in the state of Illinois. The City Claims Unit processes property damage and personal injury claims involving the City of Chicago. If you cannot afford to pay the filing fee, you can ask the court to file for free or at a reduced cost by filing the Application for Waiver of Court Fees found at illinoiscourts.gov/Forms/approved/. We research the case, then we find the right court and follow the guidelines of every small claims court. As the Chicago court receives the small claims documents, the court clerk will stamp the document and assign the trial date, and mail it back to you. Tell the judge what happened using the list of facts you prepared. step-by-step instructions on how to start a case, Plaintiff's Claim and Order to Go to Small Claims Court (COVID-19 Rental Debt), Respond if you're sued in small claims court. 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Requesting a jury trial also has additional costs for the party making the request. Generally, if you miss your return date the judge will dismiss your case. The next step is to submit those papers to the Chicago courthouse. 800Chicago, Il 60602312.744.5650 Voice312.744.5449 Fax312.744.8677 TTY. Please be aware that traditionally, claims can take at least several months to pass through City Council. USCIS is funded largely by application and petition fees. The Civil Division is located in the Daley Center Room 602. There are two ways to serve the defendant. Fast Legal Form Filing's staff will review, research, and prepare your case for Chicago Court. The COVID-19 vaccines are safe and effective, and are an important tool for ending the global pandemic. Then, they will have the summons served on the other party. Every court has its own way of Submitting Small Claims which can be complicated. Before you start. You'll have to provide information about your income and assets to prove to the court that you can't afford the fees. The City Claims Unit processes property damage and personal injury claims involving the City of Chicago. The defendant is the term that refers to the party being sued in the complaint. There are 16 references cited in this article, which can be found at the bottom of the page. For example, if you wish to sue for injuries you sustained in an auto accident, copies of your medical bills would prove at least a portion of your damages. If you used Adobe Acrobat or Reader to complete your downloaded form (recommended), go to the "File" menu at the top, select "print", and choose "Adobe PDF" or "Print to PDF" from the dropdown menu. Fast Legal Form Filing help people make their small claims forms for Chicago court in a proper way. The claim limit for pro se court is $3,000 in Cook County, but may be higher in other counties. In a small claims case, the story of the event is usually described as a reason for suing. If the item is too large to carry with you to court, take photographs of the damage. If you are submitting the case in a court that is not nearby you, then you have to send the document as certified mail with the court fee. If you decide to bring witnesses, meet with them at least once or twice before the hearing is scheduled to go over your case and the questions you want to ask. Chicago Business Affairs and Consumer Protection 121 N. LaSalle St 8th Fl. Our staff works on your individual case and ensures that everything you need is perfectly drafted. 2023 City of Chicago, Office of the City Clerk. Learn more atLearn more at Chicago.gov/COVIDVax.
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