Date: December 3, 2021

By: Prime Law Group

Small Claims Court Process

First things first, you will want to take time to locate your local courthouse. Here, the small claims court clerk will give you the proper paperwork to file your lawsuit. Secondly, you will need to identify yourself as the plaintiff in your lawsuit. To clarify, you are the plaintiff since you are the one filing the lawsuit.

Naming a Defendant

Thirdly, you will want to name the defendant in your case. In addition to their name, be sure that you have their correct address for the defendant that you are suing. In the event that you have the incorrect address, it is likely to cost you money in fees and cause more stress overall. Lastly, make sure you know who it is that you are suing. For example, differentiate if you are suing a company or individual.

Damages

Next is where you will list how much money you are suing for in damages. In addition, you will want to give a brief explanation for why and what it is you are suing the defendant for. E-filing is required unless you have an exemption. 

Small Claims Case Number

After assessing damages, the court clerk will assign a number to your small claims court case. This occurs with every court case. Above all, be sure to write this number down and keep it in a safe place. Often, you will need to refer back to this number.

Changing Your Address

Furthermore, if you change your address after filing your lawsuit, there are a couple things to keep in mind. Firstly, you will want to make the clerk aware of the address change immediately. Also, be sure to inform the defendant in your case of the address change. Lastly, this also applies to phone numbers and emails.

Open to Public

Lastly, people filing lawsuits in small claims court should be aware that these types of cases are open to the public. 

Conclusion

“After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance. Copies of the forms must then be “served on” or delivered to the defendant. Many counties allow service by regular or certified mail if the defendant lives in that county. The court will mail the forms for you, but will require a fee for this service.” – ag.state.il.us/consumers/smlclaims.html

Source:

https://ag.state.il.us/consumers/smlclaims.html