Small claims court in Illinois (2026)
In Illinois you can sue for up to $10,000 in small claims. Court: Circuit Court (small claims cases). Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 10 years to sue. Last checked .
Illinois small claims at a glance
- Most you can sue for
- $10,000
- Court
- Circuit Court (small claims cases)
- Filing fee
- Set by each court
- Lawyers
- Allowed
- Appeal
- Either side, 30 days
- Ask for payment first
- Not required by law
Can you sue in Illinois small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Illinois small claims limit
$10,000
Enter the amount to compare it with the limit.
The rule: A small claim is a civil action in tort or contract for money up to $10,000, not counting interest and costs. Tax collection cases have been excluded since January 1, 2022. No yearly cap on the number of claims is stated in the rule.
Deadline to sue (general rule)
10 years for this kind of claim in Illinois. Enter the date it happened to see the last day.
Written contracts and written evidence of debt: 10 years (restarts after a written payment or promise to pay). Unwritten contracts and damage to real or personal property: 5 years. Personal injury: 2 years. Sale of goods follows UCC 2-725.
Lawyers: Lawyers may represent either side.
Before you file: The statewide small claims rules do not require a demand before filing. Illinois Legal Aid Online suggests considering how much time has passed, whether the defendant's address is known, and whether there is enough evidence.
Appeal: The notice of appeal must be filed with the circuit court clerk within 30 days after entry of the final judgment (or within 30 days after the order on the last timely post-judgment motion). Appeals go to the Appellate Court.
Filing fee: Filing fees are set by each county's circuit clerk within caps in the Clerks of Courts Act. Example: McLean County (effective Sept. 17, 2026) charges $112 for small claims of $2,500 or less and $282 for $2,500.01-$10,000. Defendants pay no appearance fee in small claims.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Every county circuit court hears small claims cases. File in the county where the defendant lives or where the events happened; a business can be sued in any county where it does business or has an office.
- Limit. A small claim is a civil action in tort or contract for money up to $10,000, not counting interest and costs. Tax collection cases have been excluded since January 1, 2022. No yearly cap on the number of claims is stated in the rule. (in force since January 1, 2006)
- Filing fee. Filing fees are set by each county's circuit clerk within caps in the Clerks of Courts Act. Example: McLean County (effective Sept. 17, 2026) charges $112 for small claims of $2,500 or less and $282 for $2,500.01-$10,000. Defendants pay no appearance fee in small claims.
Who can sue and who can speak in court
- Individuals may represent themselves or hire a lawyer. A corporation may not appear as claimant, assignee, subrogee, or counterclaimant unless represented by counsel; a corporation may defend a small claim through an officer, director, manager, department manager, or supervisor.
- A corporation or LLC must appear through a lawyer in Illinois small claims.
- Before you file. The statewide small claims rules do not require a demand before filing. Illinois Legal Aid Online suggests considering how much time has passed, whether the defendant's address is known, and whether there is enough evidence.
- Jury and moving the case. The judge decides the case unless the plaintiff files a jury demand when filing or the defendant files one by the date they must appear. Six jurors unless a party asks for 12; the jury fee is $12.50 (6) or $25 (12) under the rule.
How long you have to sue in Illinois
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contracts and written evidence of debt: 10 years (restarts after a written payment or promise to pay). Unwritten contracts and damage to real or personal property: 5 years. Personal injury: 2 years. Sale of goods follows UCC 2-725.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 10 years |
| Oral (spoken) agreement | 5 years |
| Damage to property | 5 years |
| Personal injury | 2 years |
Law: 735 ILCS 5/13-206, 13-205, 13-202
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Review of the record (no new trial)
- Deadline
- The notice of appeal must be filed with the circuit court clerk within 30 days after entry of the final judgment (or within 30 days after the order on the last timely post-judgment motion). Appeals go to the Appellate Court.
- Collecting the money
- The court may order the judgment paid on a date or in installments over no more than 3 years and stay enforcement meanwhile; garnishment and supplementary proceedings are available. A judgment cannot be enforced after 7 years unless revived.
Good to know in Illinois
- No discovery or motions without leave of court, except certain dispositive motions (Ill. S. Ct. R. 287).
- The defendant need not file an answer; the court may hold an informal hearing with relaxed rules of procedure and evidence (Ill. S. Ct. R. 286).
- Summons return date is 40 to 61 days after issuance (Ill. S. Ct. R. 283).
- Many counties have local rules (e.g., same-day mediation in Boone and Winnebago; mandatory arbitration of small claims jury cases); check the circuit clerk (Illinois Legal Aid Online).
Official help and forms
- Illinois courts: small claims self-help
- Illinois small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Illinois Supreme Court Rules (full PDF), Rules 281-288 and 303 (read October 18, 2026)
- 705 ILCS 105/27.1b Circuit court clerk fees (read October 18, 2026)
- McLean County Circuit Clerk Civil Fee Schedule (read October 18, 2026)
- 735 ILCS 5/13-206 Ten year limitation (read October 18, 2026)
- 735 ILCS 5/13-205 Five year limitation (read October 18, 2026)
- 735 ILCS 5/13-202 Personal injury (read October 18, 2026)
- 735 ILCS 5/12-108 Limitation on enforcement (read October 18, 2026)
- Illinois Legal Aid Online: How small claims court works (read October 18, 2026)
- Illinois Courts: Small Claims self-help (read October 18, 2026)
- Illinois Courts: Approved Statewide Forms, Small Claims Complaint (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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