How To File A Small Claims Case In Indiana

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If you want to sue someone in Illinois for less than $x,000 in budgetary damages, you lot may be able to file your lawsuit in small claims court. These courts of limited jurisdiction take elementary procedures and less formality, assuasive people to handle their cases without the expense of an chaser in about situations. Cases heard in small claims court in Illinois typically involve breach of contract, personal injury, or property impairment.^[one] Both corporations and individuals may file lawsuits in small-scale claims court in Illinois.^[two]

1. 1

   Research the law. To file in pocket-sized claims court, you must starting time take a dispute for which Illinois state law provides a budgetary legal remedy.

   • Mutual types of small claims cases include breach of contract, failure to pay dorsum a loan, or damages resulting from an accident.^[three]
   • Your complaint must include plenty information to show a legal claim. The elements of the constabulary that governs your dispute provide an outline for determining the facts you must prove to win your case. For example, if you have a personal injury claim, yous must show that the defendant failed to fulfill some duty to y'all, that an accident was caused by this failure, and that you were injured as a result of the accident.^[iv]
   • Illinois modest claims courts only accolade budgetary damages – you cannot go the courtroom to order the person you're suing to do something or stop doing something. Yous also must be able to prove that the defendant owes you the amount of money you're claiming. For example, if yous wish to sue for injuries you sustained in an car accident, copies of your medical bills would prove at least a portion of your damages.

2. 2

   Choose the right courtroom. More often than not yous must file your merits in the court located either where the defendant lives or does business, or where the events that led to the dispute took place.^[five]

   • Sometimes you may have a choice of courts to file your claim. For case, if yous were in a car blow in Chicago, but the other driver lives in Peoria, you would accept the selection of filing your claim either in Cook County or in Peoria County. In such a state of affairs, you may file your claim in whichever court is more convenient for you.
   • Keep in mind that yous won't necessarily lose your case if you file in the incorrect court. Typically the court will dismiss it and give you the opportunity to refile your claim in the correct court. However, making this mistake can toll yous time too as doubling your court costs.^[6]
   • Your claim must be for less than $10,000 to file in small claims courtroom in Illinois. If your claim is less than $3,000 and y'all plan on representing yourself rather than hiring an chaser, y'all may exist able to use the pro se courtroom.^[7]
   • The merits limit for pro se courtroom is $3,000 in Cook County, simply may exist college in other counties.^[8]
   • The amount of your claim does not include any interest or courtroom costs.^[9] For instance, if you loaned your neighbor $10,000 and he has not paid y'all back, you may sue him in small-scale claims court for $10,000 plus interest on the loan, plus courtroom costs.

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3. iii

   Cheque the statute of limitations. Illinois land law only gives you a certain period of fourth dimension to file your claim.

   • The amount of time y'all take to file your lawsuit differs depending on what kind of claim you have. For example, if you have a personal injury claim, you merely take two years to file. Notwithstanding, if you want to file a merits confronting someone for alienation of a written contract, you have ten years.^[10]

4. 4

   Make sure yous have the correct defendant. The person or business y'all sue must take been responsible for your injury, or for preventing your injury, in some way.

   • You must brand certain you accept the correct accost for the person y'all want to sue, as well equally the correct legal proper name of the individual or business. If you lot don't accept the correct address, you may non be able to provide them with legal observe of the lawsuit, which could result in your claim being dismissed.^[eleven]
   • If y'all're suing an individual person, you must use his or her full legal name. If they are known by more one name, yous should list both. For example, suppose y'all were in a car accident with a woman who was engaged at the fourth dimension the accident occurred. Her name at the fourth dimension was June Carter. However, now that she's married, she's inverse her proper name to June Carter Cash. You lot would list her as the accused in your legal documents as "June Carter Cash f/k/a June Carter," meaning that she was formerly known by her maiden name at the time of the blow.^[12]
   • If you're suing a business, y'all must use the concern's legal proper noun and list the business'south registered agent. When you have your minor claims forms delivered to the business, they will be delivered at the address listed for the concern'south registered agent.^[13]
   • You lot tin notice out a business's legal proper noun by conducting a search of the online databases of the Secretarial assistant of the State of Illinois, or past calling the function at (217) 782-6961.^[14]
   • If the concern isn't incorporated, yous must name the business organisation as well as the individual owner of the business using the abridgement "d/b/a," which stands for "doing business every bit."^[15] For example, if you slipped on a assistant skin and want to sue the owner of the unincorporated banana stand, you might listing the defendant equally "Harry Belafonte d/b/a Twenty-four hours-O Bananas."
   • If y'all can't observe the business concern owner'south name past looking at business cards or other information you have about the business concern, you lot can call the canton clerk's office or Chamber of Commerce in the county where the concern is located and ask to search through their assumed name alphabetize.^[16]

5. 5

   Consider consulting an attorney. Although you mostly don't demand an attorney to file in small claims courtroom, you might want to have an attorney evaluate your instance.

   • Y'all do need an attorney if you are under the age of 18. In addition, if you are filing on behalf of your business organisation and you accept incorporated your business concern, you besides must be represented by a licensed attorney.^[17]

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1. i

   Get the small-scale claims forms. Illinois has prepared forms bachelor at the clerk's office that you lot can make full out to get-go the small-scale claims procedure.

   • To begin your claim, you will need a summons and a complaint form.^[18] It's a good idea to review these forms before you kickoff filling them out to brand certain you accept all the data yous need.

2. ii

   Fill out your pocket-sized claims class. Once you lot've gathered the information y'all'll need, you're ready to enter it on your form.

   • You must include your address and phone number on the forms. If either of these change at any fourth dimension before yous receive the judge's decision on your claim, you must let both the court and the accused know the new information so you can exist contacted if necessary regarding your claim.^[19]
   • If your claim deals with a written contract or agreement you made with the defendant, you must attach a copy of that agreement to your complaint form. Y'all likewise may attach other documents such as bills or receipts that provide proof of your allegations.^[20]

3. three

   Decide if you desire a jury. Yous can have a jury decide your minor claims case in Illinois, but you must make your request when you file your claim.

   • If yous desire a jury, you lot must pay a fee of $12.50 for a six-person jury or $25 for a 12-person jury.^[21]
   • You should keep in mind that jury trials will exist more circuitous and take much more time. If you recollect you want a jury trial, y'all might consider consulting an attorney to get further legal communication on how you should proceed.^[22]

4. four

   Sign and make copies of your forms. Afterward entering all your information, yous need to make at to the lowest degree ii copies of your forms: i for your ain records and one for the defendant. The court will keep your originals when you lot file.

   • If you're suing more than ane person, you must brand a re-create for each of them.
   • If you attached copies of any documents such equally receipts or contracts to your complaint, those documents must exist attached to the other copies also.^[23]

5. 5

   Give your forms to the clerk of courts. To file in pocket-size claims court, y'all must have your forms to the clerk'due south function and pay the filing fee.

   • The filing fee for small claims court is gear up past each county lath, and varies depending on the population of the county where the courtroom is located, only is generally less than $250.^{[24] [25]}
   • Although the filing fees must exist paid in advance, you typically can include court costs in your damages and get the money back from the accused if you lot win your case. Yet, if you can't afford to pay the fees upwardly front, you also tin enquire the clerk for an awarding for a fee waiver. You'll have to provide information nigh your income and avails to evidence to the court that yous tin can't afford the fees.^[26]
   • When you lot file your claim, the clerk will assign a case number. Make note of this number as y'all will need information technology after when talking to the clerk or other court staff about your example.^[27]

6. half dozen

   Accept the defendant served. Afterward you've filed your claim, you must let the person yous're suing know about the lawsuit.

   • Often you will have the selection of having the paperwork delivered to the defendant using certified post. For a fee of typically around $two, the clerk will mail a copy of your forms to the accused at the accost you included on your summons and complaint.^{[28] [29]}
   • Yous too may have a sheriff'south deputy hand deliver your claim to the accused. If you lot choose this choice, you are responsible for getting the required copies of the forms to the sheriff'southward department in the canton where the defendant resides.^[30]

7. 7

   Assemble your documents or other evidence. Make sure you're prepared to argue your instance on your return date.

   • Go along in mind that even if the defendant doesn't evidence up on the return date, you even so must prove the amount of money the defendant owes you to go a default judgment for that amount.
   • Organize your copies of all the forms you've filed with the courtroom, also as any documents such as receipts or contracts that you attached to those forms. Continue these documents organized and together in one place and so you can hands access them when you're in courtroom.^[31]

8. 8

   Go to courtroom on your return date. The return date is the deadline for the accused to file an appearance in the example or respond to your complaint.^[32]

   • Typically this solar day will be between 28 and twoscore days from the date you filed your claim.^[33]
   • If you filed your minor merits in Cook County, you don't take to go to court on your return appointment. Notwithstanding, if y'all filed in whatever other canton in Illinois, you typically are required to announced in court on the return date.^[34]
   • Generally, if you miss your return date the judge will dismiss your instance. If both you lot and the accused fail to appear, the judge may reschedule your case and give you one more chance to show up. Nevertheless, if you don't appear on your second date, your case will be dismissed.^[35]
   • On the return date, the guess will go through the facts of your case and ask the defendant if he or she admits or denies the claims in your complaint. It's often possible to reach a settlement of your claim at this time without having a total hearing.^{[36] [37]}
   • In the event the defendant has not responded to your lawsuit and does not appear on the render appointment, you may win a default judgment. You must bring proof of service then the approximate knows that the defendant had proper notice of your merits.^[38]

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1. 1

   Organize your documents and evidence. Before your hearing, gather any documents or other items you intend to apply equally prove of your merits.

   • Small claims hearings are open up to the public. You might consider going to court earlier your court engagement and watching a few hearings to familiarize yourself with the process.^[39]
   • Write downwards a listing of what happened, including equally many facts equally possible.^[40] Stick to the facts and avert emotional impressions or personal opinions most the accused. For example, if you're suing a sometime business acquaintance for alienation of contract, you might include the fact that the defendant told you he would pay you on Oct xx, but a month has passed and he withal has not paid y'all. Yet, you wouldn't want to say he lied to you. The judge will be able to figure that out.
   • If you have whatever documents you intend to utilize every bit evidence at your hearing, you should bring enough copies to distribute them to the approximate and the defendant.^[41]
   • If you lot take any physical prove of damage, you should plan on bringing that with yous also. If the particular is too large to behave with yous to court, have photographs of the harm. Make sure your photos are conspicuously dated and identified.^[42]
   • Since you will take to speak before the guess and tell your story, you should practice what you're going to say several times so yous feel confident and comfortable going into the hearing. Yous might too consider giving your speech in front end of a friend or family member who can give you pointers on how yous sound and whether your caption makes sense.^[43]
   • Due to the simplified procedures in pocket-size claims court, you tin't get documents or other evidence from the other side without offset asking for a court society. Try to get as much information as you can on your own.^[44]

2. 2

   Consider bringing witnesses. If other people saw the events that led to the dispute, or can provide testimony to support your claim, you lot tin can bring them with you to speak in court on your behalf.

   • For example, if yous are suing the other commuter for damage to your car as a effect of an accident, yous might want to bring a mechanic every bit a witness to testify every bit to the extent of the damage and the repairs that needed to be made.^[45]
   • If anyone you lot want to use equally a witness isn't willing to appear at your hearing voluntarily, you lot can have the court issue a amendment requiring the person to appear. Yous'll have to make full out a request grade and pay a fee for each subpoena issued.^[46]
   • If you decide to bring witnesses, see with them at to the lowest degree once or twice earlier the hearing is scheduled to go over your case and the questions you want to ask. Yous also can brainstorm with your witnesses to come upwardly with possible questions the other side might ask, and what their answers will be.^[47]

3. 3

   Appear on your courtroom appointment. If yous don't prove up on the appointment your hearing is scheduled, your claim will be dismissed.

   • Make sure you get to the courtroom business firm early then you have plenty of time to go through security and detect your courtroom. So take a seat in the gallery until the judge calls your instance.^[48]
   • Check court rules beforehand to brand sure you don't bring personal items such as mobile phones that aren't allowed in court.

4. 4

   Present your case. Since you filed the claim, you will have the opportunity to tell your story to the judge start.

   • Tell the approximate what happened using the list of facts you prepared. Speak only to the judge, non to the accused.
   • After y'all make your statement nearly your dispute, you will accept the opportunity to present your evidence or call your witnesses.^[49]
   • If you call whatever witnesses, the other side too will have the opportunity to ask them questions.
   • At whatsoever time during your presentation, the judge may enquire yous questions to clarify something you've said. If the judge asks you a question, yous should cease talking immediately. Listen to the guess's question and reply it briefly and completely.

5. v

   Mind to the other side. After you've presented your case, the guess will give the defendant the opportunity to tell their side of the story.

   • Don't interrupt or ask questions directly to the defendant. If the accused calls witnesses, yous also will have the take a chance to ask them questions, but don't interrupt while the accused is questioning them.

6. 6

   Receive the gauge's decision. The judge may make a decision on your case immediately afterwards hearing both sides, or may issue an order a few days afterwards afterwards further review of the show.

   • If the judge rules in your favor, y'all may have to go to court over again to enforce your judgment. This procedure allows yous to take money from the defendant's depository financial institution accounts or paycheck if he or she doesn't pay yous the amount the judge awarded you.^[50]
   • If you lot lose your case, you have thirty days to appeal the judge'due south determination. After that xxx-day catamenia, the determination becomes final.^[51]

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