Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
No rule requires a demand first, but the statewide complaint form asks you to confirm that you demanded payment, so send one.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Illinois you can sue for up to $10,000 in the Circuit Court, small claims.
Run the 60-second case check to see the last day you can file.
Name the company exactly as registered and serve its registered agent.
1–2 evenings
Small Claims Complaint: Statewide Small Claims Complaint, filed with the Small Claims Summons. Get the form.
Sign the complaint; the statewide form includes a certification that the facts are true. No notary is needed.
Prepare one copy of the complaint and summons for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
The Circuit Court of the county where the defendant lives or where the problem happened; a business can also be sued where it does business. Self-represented filers must e-file unless they get an exemption.
Each county sets its own fees, based on the amount. Cook County: $287 for claims up to $2,500 and $379 above that. Madison County: $94 up to $2,500 and $264 up to $10,000. Service by certified mail through the clerk is a few dollars plus postage; the sheriff costs more. Can't afford it? Ask for a fee waiver: Application for Waiver of Court Fees (full or partial waiver based on income).
You get a case number and a summons with the first court date, 40 to 61 days out.
Right after filing
You can't serve the papers yourself. The clerk can send them by certified mail (Illinois defendants only), or the sheriff or a court-appointed process server can deliver them.
For certified mail to count, delivery must happen at least 21 days before the court date.
Return of service or certified mail receipt
The sheriff or process server files the return; with certified mail, the signed receipt must show delivery at least 21 days before the court date.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must file an appearance; a written answer isn't required unless the judge orders one.
If you settle, file a motion or stipulation to dismiss, or ask the judge to enter the agreement.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena and have it served on the witness.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't appear, you can ask for a default judgment. If you don't appear, your case can be dismissed.
Weeks to months
Either side can file a motion to reconsider or a Notice of Appeal within 30 days. Appeals go to the Illinois Appellate Court and are decided on the trial record, not a new trial.
If they don't pay, use a citation to discover assets, wage deduction, bank garnishment, or a lien on real estate. The judge can order installment payments. Judgments can be enforced for 7 years.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.