FastLegalFiling.com is privately owned and operated and is not affiliated with any state or federal government agency. https://services.cookcountyclerkofcourt.org/Forms/. A jury trial is much more complex and difficult for a person to represent themselves in and requires substantially more preparation. If you're suing an individual person, you must use his or her full legal name. Whether you chose to report a claim by mail, facsimile, or in person, the claim form and requested information are the same. The City Claims Unit processes property damage and personal injury claims involving the City of Chicago. Please be advised we are experiencing a temporary technical issue with the Online Case Search, we are working to restore it as quickly as possible. 2. In Cook County, Small Claims Court cases are heard at: The courts website is here. Money & Debt | Illinois Legal Aid Online Collect all the documents like proof of the contract, signed agreement, receipts, etc., and take them to court. You will then have to attend the court date to prove your case. Starting a small claims court case Your filing fees in a small claims case depend on the amount you are suing for. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Room 601, If you want a jury, you must pay a fee of $12.50 for a six-person jury or $25 for a 12-person jury. The court will use the fee and send the documents to the defendant via Certified Mail. If your claim is less than $3,000 and you plan on representing yourself rather than hiring an attorney, you may be able to use the pro se court. completed claim form plus all relevant materials noted above), either mail it or hand-deliver it to the Office of the City Clerk: Office of the City Clerk 5. The general number to the City Claims Unit is 312-744-5650. Business hours are Monday thru Friday from 8 am to 5 pm. If the judge asks you a question, you should stop talking immediately. 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. 1. For more information about filing a claim, please call 217-782-7101 (Springfield) or 312-814-5010 (Chicago), Mon.-Fri., 8 a.m.-4:30 p.m. City of Chicago :: Claims Do you have a valid legal case? You may refer to How do I serve the Defendant? below for information on serving the defendant. Depending on the software you use, this option may be found in the print dialog box under your Print menu option. Find out how to collect money or your options if you owe money. 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. There are two ways to serve the defendant. If they are known by more than one name, you should list both. You also must be able to prove that the defendant owes you the amount of money you're claiming. Yes, you will be required to pay a filing fee. The City Claims Unit processes property damage and personal injury claims involving the City of Chicago. This saved form will be "flattened" and you can e-file it. The amount of time you have to file your lawsuit differs depending on what kind of claim you have. In this webinar, our expert presenter will walk you through the small claims court process, give you practical tips to navigate the process and help you avoid common mistakes that small business owners make when pursuing unpaid services. Illinois Attorney General - Small Claims Court The court will ask you the reason for suing, and you must have to describe it well. The party must act as their own attorney. You may also need to pay a small fee for serving the defendant. Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims. In Illinois, a small claims court case can be heard in front of a judge or a jury. The filing fee for Chicago small claims court is between $35 to $75. Spanish/Espanol. Once you file papers to start a case, you typically have a court date (trial) in about 1-2 months. 2. NOTE: You mayonlychoose to serve by Certified Mail if your case is under $10,000, and the defendant is in the state of Illinois. USCIS is funded largely by application and petition fees. [1] Research source Additional Information on Filing a Fee Waiver Fill out a simple and secure Chicago small claims court form. The party you are suing is called the defendant. 800Chicago, Il 60602312.744.5650 Voice312.744.5449 Fax312.744.8677 TTY. You do need an attorney if you are under the age of 18. Fill out a complaint form, otherwise known as a "Statement of Claim" at the clerk's office, and pay the filing fee. How to File in Small Claims Court in Illinois (with Pictures) The judge listens to both sides, looks at evidence, and decides who wins or loses the case. However, when a corporate entity is the plaintiff in a case, it is required to be represented by an attorney. How long to go to court. The Statute of Limitations is prescribed by 745 ILCS 10/8-101. 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. You might also consider giving your speech in front of a friend or family member who can give you pointers on how you sound and whether your explanation makes sense. It is necessary to pay a fee for serving the defendant. We will approve a fee waiver only if you clearly demonstrate that you are unable to pay the filing fees. In Illinois, a corporation can be served on either an office of the corporation or its registered agent. Once you have assembled your claim packet (i.e. Your claim must be for less than $10,000 to file in small claims court in Illinois. Once you get your all papers and small claims form prepared. On April 12, 2023, the Coast Guard published a notice of proposed rulemaking in the Federal Register ( 88 FR 21938) entitled Drawbridge Operation Regulation; Chicago River, Chicago, IL. We'll only use this email to send this link, Ten digit mobile number starting with the area code (e.g. 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. If you are serving a Registered Agent, include the Registered Agent's name and address here. After Hours Domestic Violence filing Start here, 50 West Washington St., Customer satisfaction is our first priority. IMPORTANT: You will need Adobe Acrobat, or free Adobe Reader XI (or a higher version) in order to save completed forms. Do Not Sell My Personal Information. Sometimes you need a demand letter prior to filing small claims any some courts. Will I have to pay for service by Certified Mail. The form typically asks for the nature of your claim, the dollar amount you're suing for, and any documents you plan to submit as evidence. did this information help you with your case? If you have any documents you intend to use as evidence at your hearing, you should bring enough copies to distribute them to the judge and the defendant. Small Claims | Office of the Illinois Courts For example, if you are suing the other driver for damage to your car as a result of an accident, you might want to bring a mechanic as a witness to testify as to the extent of the damage and the repairs that needed to be made. The Civil Division is located in the Daley Center Room 602. Cook County Small Claims Court Small claims court is a special type of civil court where a party can file a case for $10,000 or less. However, now that she's married, she's changed her name to June Carter Cash. Before you start. If you did not use Adobe Acrobat or Reader, your computer will select a software that will allow you to fill out the forms. This article has been viewed 31,721 times. It is normal for all people to be nervous when speaking in public (let alone in front of a judge) so it may be helpful to practice talking about your case in front of another person (spouse, friend, neighbor). Research source. 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. This saved form will be "flattened" and you can e-file it. Pro se petitioners can file for up to $3,000 in small claims. The Pro Se Small Claims Court of the Circuit Court of Cook County is a section within the First Municipal District. one of the defendants live or (2.) Therefore, it is important that you make a case that is complete by assembling the required materials ahead of time before you submit your claim. I want to file a civil lawsuit; what forms do I need and where can I get them? 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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You must make sure you have the correct address for the person you want to sue, as well as the correct legal name of the individual or business. It's relatively simple to present evidence demonstrating that the debt was owed but not paid. It is important the witness is aware of the location of the court and the date and time of the trial in order to be able to appear in person. As long as your claim passes administrative review at the Office of the City Clerk (in other words, your claim form is completely filled out, has all necessary attachments, etc. However, it can be more difficult finding a way to serve a corporate entity. Speak only to the judge, not to the defendant. At any time during your presentation, the judge may ask you questions to clarify something you've said. You'll have to provide information about your income and assets to prove to the court that you can't afford the fees. The next step is to submit those papers to the Chicago courthouse. In the event the defendant has not responded to your lawsuit and does not appear on the return date, you may win a default judgment. 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. Generally, if you miss your return date the judge will dismiss your case. You must bring proof of service so the judge knows that the defendant had proper notice of your claim. It is the fastest way to get the trial date. You need to know their correct name, where the defendant lives, their phone number or contact information, and other basic information for the court forms. This process allows you to take money from the defendant's bank accounts or paycheck if he or she doesn't pay you the amount the judge awarded you. ), the Office of the City Clerk will introduce your claim to the City Council/Committee on Finance at the soonest future City Council meeting. 3. Small Claims Court in Illinois Help Desks in the Courthouse - Circuit Court of Cook County In most cities/towns, if you find yourself in a situation like above, you would be required to file a case with the small claims court or similar county court system. Keep in mind that even if the defendant doesn't show up on the return date, you still must prove the amount of money the defendant owes you to get a default judgment for that amount. How to File a Small Claims Court Case A small claims court case begins with a party filing a document called the complaint. Often you will have the option of having the paperwork delivered to the defendant using certified mail. Vaccines protect you and the people around you, reducing the spread of COVID-19. Learn more atLearn more at Chicago.gov/COVIDVax. General liability claims involving property damage, such as vehicle damage from a road condition. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit. PDF Illinois Standardized Forms - Approved - Small Claims Summons If there is a chance you can resolve the case without filing in small claims court, it is a worthwhile step to take. Keep in mind that you won't necessarily lose your case if you file in the wrong court. 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. All Illinois Courts must accept these forms. You may contact the Committee on Finance at312-744-8861to follow up on the status of your claim. We apologize for any inconvenience and will continue to provide updates on our website. She received her JD from Indiana University Maurer School of Law in 2006. In Chicago, however, claims such as these are reviewed and settled by the Chicago City Council passing an ordinance to award damages. When you file your claim, the clerk will assign a case number. Judges are assigned to Pro Se Small Claims Court on a rotating basis. If you lose your case, you have 30 days to appeal the judge's decision. The circuit clerks address is: The clerks phone number for the court is: 312-603-5030 The clerks fax number for the court is: 312-603-4557. The filing fees vary by state, but typically range from $15-$100. The court does require that any corporation acting as a plaintiff in small claims court be represented by an attorney. Tell the judge what happened using the list of facts you prepared. How to Sue Someone in Another State? [Step-by-Step Guide] Click 735 ILCS 5/1-109 to read the statue in its entirety. After a person files a complaint or petition, they will fill out a summons. You must include your address and phone number on the forms. The claim limit for pro se court is $3,000 in Cook County, but may be higher in other counties. Maximum Amount of Claim Small Claims Court may hear in Illinois: $10,000.00 Which Court hears small claims in Illinois? In 1b, enter a second b. Every CityCourt has its own way of filing a small claim. We are not a law firm or a substitute for an attorney. City of Chicago :: Claims - Frequently Asked Questions and Answers The fee will vary depending on the amount of your claim. You may pick up a schedule of filing fees at the Customer Service Counter in the Civil Division in Room 601 of the Richard J. Daley Center or view the Small Claims fee schedule at https://services.cookcountyclerkofcourt.org/Forms/Forms/pdf_files/CCG0603.pdf. Cases heard in small claims court in Illinois typically involve breach of contract, personal injury, or property damage. In most cities/towns, if you find yourself in a situation like above, you would be required to file a case with the small claims court or similar county court system. Chicago, IL 60602. However, making this mistake can cost you time as well as doubling your court costs. Background Information and Regulatory History. You flatten the form in one of two ways: Your browser doesn't support HTML5 audio. How to Sue Someone in Georgia The most important thing about preparing for your trial is the ability to explain your side of the case in a clear concise way to the judge (or jury) so they can understand. A person can file a complaint in Chicago small claim courts if the dispute is lesser than $10,000 against a person. Claims | Office of the City Clerk - City Clerk of Chicago The Statute of Limitations is prescribed by 745 ILCS 10/8-101. You may serve by Certified Mail if your claim does not exceed $10,000, and the defendant is in the state of Illinois (check the box for Certified Mail on the summons). How-To Filing costs in a small claims case Describes the costs of filing a small claims case. The small claims process | California Courts | Self Help Guide You'll have to fill out a request form and pay a fee for each subpoena issued. The circuit court clerk takes care of all documents and files for court cases. passed or failed to pass, referred to committee, etc.) Claims may be filed by completing the claim form and submitting the form either in person, via mail, facsimile or telephone. You can find out a business's legal name by conducting a search of the online databases of the Secretary of the State of Illinois, or by calling the office at (217) 782-6961. She received her JD from Indiana University Maurer School of Law in 2006. All Illinois Courts must accept these forms. The amount of your claim does not include any interest or court costs. In Chicago, however, claims such as these are reviewed and settled by the Chicago City Council passing an ordinance to award damages. 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. Typically the court will dismiss it and give you the opportunity to refile your claim in the correct court. Finally, a demand letter allows the plaintiff a chance to explain in clear words the facts surrounding the issue (which is something the plaintiff will have to do in the complaint which is filed with the court).
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