Illinois Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Illinois: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Illinois
- Small claims limit
- $10,000, exclusive of interest and costs, for civil actions based on tort or contract for money only. Small claims judges can award money only; they cannot order someone to do or stop doing something or to return property. Ill. Sup. Ct. R. 281; Illinois Supreme Court approved form instructions SC-I 1802.4 (06/24)
- Filing fee
- A filing fee is charged by the circuit clerk, plus service costs; amounts vary by county. A person who cannot afford the fees may file an Application for Waiver of Court Fees for free or reduced-cost filing. Ill. Sup. Ct. R. 282(a); Illinois Supreme Court approved form instructions SC-I 1802.4
- Are lawyers allowed?
- Yes. Parties may appear with or without a lawyer; corporations must use a lawyer to bring a claim. Ill. Sup. Ct. R. 282(b); Illinois Supreme Court approved form instructions SC-I 1802.4
Court: Circuit Court (small claims). Last verified: 2026-10-24.
How to file a small claims case in Illinois
- Try to settle with the other side, and confirm your money claim is $10,000 or less.
- Complete the statewide Small Claims Complaint and a Small Claims Summons for each defendant, attaching any lease or contract the claim is based on.
- E-file the forms with the circuit clerk in the proper county (or request an e-filing exemption) and pay the fee or file an Application for Waiver of Court Fees.
- Serve each defendant by certified mail through the clerk, by the sheriff, or by a special process server.
- Attend court on the appearance date (40 to 61 days after the summons is issued), in person or remotely; the defendant does not have to file a written answer.
- Bring originals and copies of documents and photos, and bring witnesses in person; written witness statements are not accepted in place of testimony.
- If you win, collect the judgment; the court may set an installment plan of up to 3 years.
Can you use small claims court?
| Small claims limit | $10,000, exclusive of interest and costs, for civil actions based on tort or contract for money only. Small claims judges can award money only; they cannot order someone to do or stop doing something or to return property. Tax collection cases cannot be filed as small claims (since Jan. 1, 2022). |
|---|---|
| Who can file | Any person 18 or older may file, with or without a lawyer; people under 18 must have a lawyer. A corporation may sue (as claimant, assignee, subrogee or counterclaimant) only through a lawyer, but may defend a small claim through an officer, director, manager or supervisor. |
| Are lawyers allowed? | Yes. Parties may appear with or without a lawyer; corporations must use a lawyer to bring a claim. |
Filing your case
| Where to file | Generally in the county where the defendant lives or where the events happened (for example, where an accident occurred or a contract was signed). A business may be sued in any county where it does business or has an office. Filing in the wrong county can lead to dismissal or transfer. |
|---|---|
| Official forms | Illinois has an approved statewide Small Claims Complaint suite that all Illinois courts must accept. It includes the Small Claims Complaint, Small Claims Summons, Additional Defendants and Additional Reasons attachments, Letter to the Sheriff and Small Claims Order, plus a Getting Started sheet and "How to File & Serve a Small Claims Complaint & Small Claims Summons" instructions. Forms are fillable PDFs that must be flattened before e-filing. |
| Filing fee | A filing fee is charged by the circuit clerk, plus service costs; amounts vary by county. A person who cannot afford the fees may file an Application for Waiver of Court Fees for free or reduced-cost filing. |
| Filing online | Yes. Small claims forms are generally e-filed through eFileIL. Inmates without a lawyer and people with a disability that prevents e-filing do not have to e-file, and others may request an exemption (for example, no home internet access, difficulty with English, or a sensitive case). |
| Serving the defendant | Three options: certified or registered mail sent by the circuit clerk (restricted delivery for individuals; $2 plus postage per defendant; the least expensive option), personal delivery by the sheriff, or a special process server. Mail service counts only if the return receipt shows delivery at least 21 days before the appearance date. The plaintiff may not mail the papers personally. |
Before and at the hearing
| When the hearing happens | The summons requires the defendant to appear on a date not less than 40 nor more than 61 days after the summons is issued. Starting January 1, 2027, the case need not be tried on the first appearance date, though the court may try it that day. |
|---|---|
| Does the defendant file an answer? | No. A defendant must attend court (in person or remotely) on the date in the summons but is not required to file a written answer; the complaint is treated as denied. The court may order a written appearance or answer after the first court date. Source: Ill. Sup. Ct. R. 286(a)-(b) |
| Jury trial | Yes, on demand. The case is tried by the judge unless the plaintiff files a jury demand when filing or the defendant files one by the appearance date. A 6-person jury costs $12.50; a 12-person jury costs $25. Source: Ill. Sup. Ct. R. 285 |
After the decision
| Collecting your judgment | The court may order the judgment paid by a set date or in installments (over no more than 3 years) and stay enforcement while payments are made. Otherwise, the winner uses regular post-judgment collection procedures. Source: Ill. Sup. Ct. R. 288 |
|---|
Deadline to sue
10 years for an action on a written lease or other written contract. If a written payment or new promise to pay is made, a new 10 years runs from that payment or promise. 5 years for an unwritten (oral or implied) contract, such as an oral lease, and for damage to property. 735 ILCS 5/13-206; 735 ILCS 5/13-205
Official forms and help
Suing a landlord or tenant in Illinois
A landlord's refusal to return a security deposit is a common small claims case; landlords may also sue for unpaid rent or damage up to $10,000. Small claims can only award money, so it cannot be used to evict a tenant or recover possession.
- Illinois security deposit demand letter (send before you sue)
- Illinois security deposit law
- Tenant lawyers and free legal aid in Illinois
Illinois small claims FAQ
What is the small claims limit in Illinois?
$10,000, exclusive of interest and costs, for civil actions based on tort or contract for money only. Small claims judges can award money only; they cannot order someone to do or stop doing something or to return property.
Who can file a small claims case in Illinois?
Any person 18 or older may file, with or without a lawyer; people under 18 must have a lawyer. A corporation may sue (as claimant, assignee, subrogee or counterclaimant) only through a lawyer, but may defend a small claim through an officer, director, manager or supervisor.
Can you bring a lawyer to small claims court in Illinois?
Yes. Parties may appear with or without a lawyer; corporations must use a lawyer to bring a claim.
Where do I file a small claims case in Illinois?
Generally in the county where the defendant lives or where the events happened (for example, where an accident occurred or a contract was signed). A business may be sued in any county where it does business or has an office. Filing in the wrong county can lead to dismissal or transfer.
How much does it cost to file in small claims court in Illinois?
A filing fee is charged by the circuit clerk, plus service costs; amounts vary by county. A person who cannot afford the fees may file an Application for Waiver of Court Fees for free or reduced-cost filing.
How do I serve the other side in a Illinois small claims case?
Three options: certified or registered mail sent by the circuit clerk (restricted delivery for individuals; $2 plus postage per defendant; the least expensive option), personal delivery by the sheriff, or a special process server. Mail service counts only if the return receipt shows delivery at least 21 days before the appearance date. The plaintiff may not mail the papers personally.
How long does a small claims case take in Illinois?
The summons requires the defendant to appear on a date not less than 40 nor more than 61 days after the summons is issued. Starting January 1, 2027, the case need not be tried on the first appearance date, though the court may try it that day.
Does a defendant have to file an answer in Illinois small claims court?
No. A defendant must attend court (in person or remotely) on the date in the summons but is not required to file a written answer; the complaint is treated as denied. The court may order a written appearance or answer after the first court date.
Is there a jury in Illinois small claims court?
Yes, on demand. The case is tried by the judge unless the plaintiff files a jury demand when filing or the defendant files one by the appearance date. A 6-person jury costs $12.50; a 12-person jury costs $25.
How do I collect a small claims judgment in Illinois?
The court may order the judgment paid by a set date or in installments (over no more than 3 years) and stay enforcement while payments are made. Otherwise, the winner uses regular post-judgment collection procedures.
Can I file a small claims case online in Illinois?
Yes. Small claims forms are generally e-filed through eFileIL. Inmates without a lawyer and people with a disability that prevents e-filing do not have to e-file, and others may request an exemption (for example, no home internet access, difficulty with English, or a sensitive case).
Where can I get small claims court forms in Illinois?
Illinois has an approved statewide Small Claims Complaint suite that all Illinois courts must accept. It includes the Small Claims Complaint, Small Claims Summons, Additional Defendants and Additional Reasons attachments, Letter to the Sheriff and Small Claims Order, plus a Getting Started sheet and "How to File & Serve a Small Claims Complaint & Small Claims Summons" instructions. Forms are fillable PDFs that must be flattened before e-filing.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.