Date: April 1, 2021

By: Attorney Nicole O’Connor

Small Claims

in McHenry County 

What is a “Small Claim”

To begin, a small claim can be defined as a civil action which does not exceed ten thousand dollars. The rules regarding small claims in Illinois can be located in rules 281-289 of the Rules of the Illinois supreme court. The purpose of small claims is to allow the plaintiff involved to collect a debt and to settle smaller monetary issues. A benefit of small claims is that it allows individuals involved to save time in regard to the legal process. Because discovery is not necessary, as a result, individuals may save money.

Filing Fees for Small Claims

Firstly, a filing fee will be required of the individuals involved and is based on the sought monetary amount. Secondly, a short complaint form will need to be filed out as well. Therefore, the form must have the plaintiffs correct name, address, and phone number. Lastly, the same information will be needed from the defendant, in order for a summons to take place. It is vital to your case that all the information included is accurate and up to date. Failure to do so could have your case thrown out. 

Filing Fee Cost

Next, if the amount of money being asked for is under 2,500 dollars a filing fee of 89 dollars is expected. But for instance, if in your case you are asking for more than 2,500 dollars, and less than 10,000 dollars, the filing fee will cost you 225 dollars. Lastly, checks for filing fees should always be made payable to the McHenry County Circuit Court.


A Summons can be defined as a type of order which tells a defendant  that they are needed for court. In Illinois, the defendant involved must be a resident of the state in order for you to request a summons. When the plaintiff involved in a case requests a summons, the circuit clerk’s office will send it to the defendant through certified mail. So this is why it is so important to make sure all the information you include in your short complaint form is accurate. 

Cost of Summons

For every defendant added to a case, an individual can expect a charge of $22.51. And this charge applies to each defendant named in a case. However, you may also choose to have your county sheriff serve the summons, but this still comes with a fee. The fee will depend on the specifics of where the defendant lives. If the defendant in your case lives in a different county and you want to request a summons be served by a sheriff and you must place the summons with the sheriff of that specific county.

Personal Injury Lawyer

Nicole O’Connor, is a personal injury attorney at Prime Law Group LLC, and is here to help guide you with any questions you may have regarding personal injury. So if you or a loved one have been in an accident, slip and fall at work, or just have questions about workers compensation, or a personal injury matter.  We are one click away. Please complete our Online Client Intake Form! (please click here)