Illinois Small Claims Court: Limits, Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Claim limit
- $10,000Illinois Supreme Court Rules 281–289
- Filing fee
- varies by county (commonly ~$100–$250)set under statutory schedules — check your circuit clerk
- Attorneys
- Allowed; corporations suing generally need one
- Court
- Circuit Court — Small Claims
Illinois small claims are circuit-court cases for money claims of $10,000 or less, governed by Supreme Court Rules 281–289. Unlike most states in this guide, Illinois has no single statewide fee — each county's circuit clerk sets fees under statutory schedules, commonly landing around $100–$250 in the larger counties once add-ons are included.
One rule trips up businesses: a corporation or LLC filing as plaintiff generally must be represented by an attorney, while individual filers routinely self-represent. Statewide standardized small-claims forms and fee-waiver applications are available from the Illinois Courts site.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing feeconfirm with your circuit clerk before filing | varies by county (~$100–$250 typical in larger counties) | Official fee |
| Defendant appearance fee | county-set | Official fee |
| Service by sheriffcertified mail allowed in small claims in many counties | $60–$100 per defendant | Estimate |
| Fee waiverstatewide Application for Waiver of Court Fees | $0 if granted | Official fee |
Requirements
| Requirement | Rule |
|---|---|
| Limit | $10,000 or less, money damages only |
| Corporate plaintiffs | Corporations/LLCs generally cannot appear pro se as plaintiffs (limited exception for defendants appearing through an officer) |
| Venue | County where a defendant resides or the transaction/injury occurred |
| Appeal | Either party — generally 30 days — to the Illinois Appellate Court (record review) |
The process, step by step
- File complaint + summons. Use the statewide standardized small-claims complaint; pay the county fee or file the statewide fee-waiver application.
- Serve the defendant. Sheriff service or, where allowed, certified mail by the clerk.
- Return date / trial. Small claims use a return-date system; contested cases are set for a prompt informal bench trial.
- Judgment and enforcement. Citation to discover assets, wage deduction and levies are the standard Illinois collection tools.
Forms & where to file
Circuit Court of the county where the defendant lives or the events occurred (file with the Circuit Clerk).
- Illinois Courts — standardized forms (small claims, fee waiver)
- Illinois Legal Aid Online — Small claims basics
Frequently asked questions
What is the small claims limit in Illinois?
$10,000, money damages only, under Illinois Supreme Court Rules 281–289.
How much does filing cost?
It varies by county — there is no statewide amount. Larger counties commonly total around $100–$250 with add-ons. Check your circuit clerk's fee schedule; the statewide fee-waiver form eliminates fees for qualifying filers.
Can my LLC file a small claim without a lawyer?
Generally no — Illinois requires corporate and LLC plaintiffs to appear through an attorney. A business sued as a defendant has more room to appear through an officer or manager.
Is the trial formal?
No — small-claims trials are informal bench trials; discovery is barred without court permission under Rule 287.
Related information
Sources & verification
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.