Small Claims - FAQs

• What do I need to file a small claims case?

  You can obtain the Supreme Court Approved forms here:

  Small Claims Forms

• How do I serve the papers?

  There are three ways you can attempt service.

  • Certified mail through the Clerk of the Circuit Court (only to an address within the State of Illinois)
  • Sheriff of Lake County
  • Private Process Server (Our office cannot provide any recommendations)

• Do you have to appoint a process server?

  If your server does not have a license, they must be appointed.  The Motion and Order to Appoint a Process Server may be obtained from our website or in person at our office.  If your server has a license, they do not need to be appointed.

• How soon can I get a court date?

  Court dates - also referred to as a "Return Date" - vary depending on the type of service and the location of the service address.  The Supreme Court Approved Summons has information on how far out the date needs to be. 

  You may also contact our Small Claims Department at 847-377-3266 for more information.

• How do I know if the defendant was served?

  You may check our Online Portal to see if the Affidavit of Service has been filed. 

  You may also contact our office at 847-377-3226. 

• I have been awarded a money judgment. How do I collect my money?

  You may visit the Post Judgment Collection section of the Supreme Court Forms website or you may contact the Small Claims Department at 847-377-3226 for information on common collection proceedings.

• What is an alias summons and is there a fee?

  If the defendant is not served with the first summons, the Judge may order another summons be issued.  This is called an Alias Summons.  The fee for issuance is $5.00 and is paid at the time you eFile (or file) the Alias Summons.

• When can I use the Small Claims Court?

  When asking for a judgment of $10,000.00 or less.  The Small Claims Court can order a judgment only for money.

  It cannot require a person or business to perform a service or stop a certain action or to return property.

• In which county do I file my claim?

  Generally, you must file in the county where:

  • The defendant resides

  • Where the events happened which you believe give you the right to sue, e.g. where the accident occurred, contract was signed or leased premises located.

  Please note that our office cannot provide legal advice and cannot make the decision on where your case should be filed. 

• I am being sued in Small Claims Court. What do I do?

  If you are sued, you will be notified when you receive a copy of the Small Claim Complaint and Summons.  

  The Complaint with contain the details of the case and the Summons will contain the instructions on where/when you must appear in court. Please note, the court date cannot be changed by our office.