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Illinois Small Claims Court 2026

The small claims court limit in Illinois is $10,000. Filing fees are $30–$45. Attorneys are permitted. Enter your claim amount below to check eligibility.

Small Claims Eligibility Check

Enter your claim amount to see if it qualifies for Illinois small claims court.

Small Claims Court Facts — Illinois

Illinois Circuit Court small claims handles disputes up to $10,000. Attorneys are permitted. Filing fees are $30-$45. Cook County (Chicago) has its own specific procedures. Small claims in Illinois follow simplified procedures compared to regular civil cases.

DetailIllinois Small Claims
Maximum Claim$10,000
Filing Fee Range$30–$45
Attorneys Allowed?Yes — attorneys permitted
Typical Hearing Time30–90 days after filing
Appeals Allowed?Yes — to higher court (time limits apply)
Jury Trial Available?Usually No (judge decides)
Filing Deadline (Statute of Limitations)2–6 years depending on claim type

What to Bring to Small Claims Court

  • Copies of all relevant contracts, agreements, or receipts
  • Photos, videos, or other evidence of damage or breach
  • Written communications (texts, emails, letters)
  • Witness list (witnesses can testify on your behalf)
  • Payment records (showing what was paid and what is owed)
  • Any repair estimates or invoices
  • Your demand letter and any response from the defendant

Step-by-Step: Filing Small Claims in Illinois

  1. Send a demand letter first. Before filing, send the defendant a written demand for payment. This shows good faith and is required in some states. Give them 10–30 days to respond.
  2. Gather your evidence. Organize all documents, photos, receipts, and communications that support your claim.
  3. Find the right court. File in the county or district where the defendant lives or does business, or where the incident occurred.
  4. Complete the complaint form. Small claims forms are usually available at the courthouse or on the court's website. Clearly describe the dispute and the amount claimed.
  5. Pay the filing fee. Fees in Illinois are $30–$45. Some courts waive fees for low-income filers.
  6. Serve the defendant. The court will typically notify the defendant, or you may need to arrange service by certified mail or through the sheriff's office.
  7. Attend the hearing. Arrive early, dress appropriately, and be prepared to present your case clearly and concisely. Bring all evidence and any witnesses.
  8. Collect your judgment. If you win, the defendant has time to pay voluntarily. If they don't, you can pursue wage garnishment, bank levies, or property liens.

Frequently Asked Questions — Illinois Small Claims

The maximum claim amount in Illinois small claims court is $10,000. Claims up to this amount can use the simplified small claims process. Larger claims must be filed in a higher court (District, Circuit, or Superior Court) with more complex procedures and higher costs.

Attorneys are permitted in Illinois. Illinois Circuit Court small claims handles disputes up to $10,000. Attorneys are permitted. Filing fees are $30-$45. Cook County (Chicago) has its own specific procedures. Small claims in Illinois follow simplified procedures compared to regular civil cases.

Filing fees in Illinois small claims court range from $30 to $45, depending on the claim amount and county. If you win your case, you can ask the court to award filing fees as part of your judgment. Some courts offer fee waivers for low-income filers — ask the clerk about a fee waiver application.

If the defendant is properly served but fails to appear, the judge will typically issue a default judgment in your favor. However, winning a judgment and collecting it are two different things — you'll still need to take steps to collect, such as wage garnishment or bank levies, if the defendant does not pay voluntarily.

Yes, both parties can typically appeal a small claims decision to a higher court within a set time period (usually 30 days). Appeals must be filed in writing and require an additional fee. Note that in some states, you may lose the ability to use the simplified small claims rules on appeal, making the process more complex and expensive.

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