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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?

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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.

All Illinois small claims rules →Write a demand letter →

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 claimTime to sue
Written contract10 years
Oral (spoken) agreement5 years
Damage to property5 years
Personal injury2 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

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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