Illinois Small Claims Court Limit 2026
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The short version (2026): Illinois small claims court takes civil claims for money based on tort or contract, up to $10,000 not counting interest and costs (Supreme Court Rule 281). Your summons sets the court date 40 to 61 days after it is issued (Rule 283). A corporation can’t be the claimant without a lawyer (Rule 282(b)). And a notice of appeal is due 30 days after the final judgment, filed with the circuit clerk (Rule 303(a)(1)).
This guide walks through Illinois small claims court from start to finish: the $10,000 limit, where to file, what it costs, what to do if you are sued, and how to collect. Supreme Court Rules 281 through 288 cover cases that fit the small claim definition. We read the statutes and rules cited below on 11 November 2026. Some of them change on 1 January 2027, so watch the dates.
The Illinois Small Claims Court Limit: $10,000
Under Rule 281, a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs. Think of a tort as a civil wrong, like damaged property, and a contract claim as a broken agreement.
Above $10,000, a claim is not a small claim under Rule 281, so the small claim rules in this guide do not apply to it. Rule 282(a) requires the complaint to give “the nature and amount of the plaintiff’s claim, giving dates and other relevant information,” so pin down your number before you file. This guide covers money claims only.
Which Court and County Hears Illinois Small Claims Court Cases
You file with the clerk of the circuit court. Under 735 ILCS 5/2-101, you file in the county where a defendant lives (a defendant who is joined in good faith, not only to pick the county) or in the county where the transaction, or some part of it, took place.
Each county has its own clerk, and the Illinois Courts clerk list shows yours. County boards set local fee amounts by ordinance (Supreme Court order M.R. 29741).
Cook County posts its own fees on form CCG-0603. That form also describes a Self-Represented Litigant court in the First Municipal District of Cook County for disputes of $3,000 or less.
Illinois Small Claims Court Filing Fees
Illinois sorts small claims into two fee tiers: up to $2,500 and $2,500.01 or more (M.R. 29741). Cook County Clerk form CCG-0603 (05/21/26) lists $287 and $379 for these small claims; a statutory mailing fee plus postage per defendant is added. Other counties set their own amounts. Here are three clerks’ schedules:
| Clerk schedule | Claims up to $2,500 | $2,500.01 up to $10,000 |
|---|---|---|
| Cook County, form CCG-0603 (05/21/26) | $287 | $379 |
| McHenry County, schedule effective 21 January 2025 | $89 | $264 |
| Will County, schedule effective 1 October 2025 | $139 | $314 |
Counties update their schedules, so check yours. The clerk’s total can include county charges outside the state fee schedule. For example, 55 ILCS 5/5-39001 lets a county charge a law library fee of $2 plus up to $20 more, paid at filing by each party. Ask your clerk for your full total.
If you are the defendant, 705 ILCS 105/27.1b says: “No fee may be charged for the filing of an appearance by any defendant in a small claim proceeding.”
If you ask the clerk to serve the summons by certified mail, the clerk charges a mailing fee plus postage, and 705 ILCS 105/27.1b(l) caps that fee at $10 plus postage. Cook County’s schedule lists $10.00 plus postage (CCG-0140). Ask the clerk what a sheriff or private process server will charge.
Fee waivers. If you cannot afford the fees, ask for a waiver on the “Application for Waiver of Court Fees” form approved by the Illinois Supreme Court (Rule 298(a)(1)). “No fee may be charged for filing an Application for Waiver of Court Fees” (Rule 298(b)(1)).
Under 735 ILCS 5/5-105, an indigent person is someone who meets one or more criteria, including receiving means-based benefits such as SSI, TANF or SNAP, or having available personal income of 125% or less of the poverty level, unless the court finds the applicant’s assets are of a nature and value that the applicant can pay. A person who qualifies for a full waiver may sue or defend “without payment of any of the fees, costs, and charges.” Partial waivers exist too, for people whose income is higher.
Send a demand letter before you file. A clear written request for payment may settle the dispute before you spend filing fees, and it gives you a dated record. LawDepot’s templates help you draft one. LawDepot does not file anything with the court.
Who Can Sue and Who Can Defend in Illinois Small Claims Court
An action on a small claim is commenced by paying the filing fee and filing a short and simple complaint (Rule 282(a)). In the Cook County Self-Represented Litigant court described above, a party may act as their own attorney. Corporations are treated differently under Rule 282(b):
- “No corporation may appear as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel.”
- When the amount claimed does not exceed the jurisdictional limit for small claims, a corporation “may defend as defendant” through “any officer, director, manager, department manager or supervisor of the corporation.”
- For this rule, “officer” means “the president, vice-president, registered agent or other person vested with the responsibility of managing the affairs of the corporation.”
The rule lists four roles: claimant (files the claim), assignee (someone the claim was transferred to), subrogee (someone, such as an insurer, who steps into another’s place after paying a loss) and counterclaimant (a defendant who files a claim back against the plaintiff). Say a corporation buys a company’s unpaid invoices. It steps in as an assignee, so the rule covers it too.
The condition matters. A corporation may defend through an officer or manager only “when the amount claimed does not exceed the jurisdictional limit for small claims,” and the rule treats it as if it were “appearing in its proper person.” Rule 282(b) addresses corporations. For any other business type, ask a lawyer or Illinois Court Help (833-411-1121, ilcourthelp.gov).
How to File in Illinois Small Claims Court, Step by Step
| Step | What to do | Rule or source |
|---|---|---|
| Ask for payment in writing | Send a demand letter and keep a copy. | None required |
| Check the deadline | Actions on written contracts and promissory notes must be filed within 10 years. Actions on unwritten contracts and for injury to property must be filed within 5 years, contracts for the sale of goods within 4 years, and injury to the person within 2 years. These are the general periods; exceptions can change them. See our statute of limitations by state table. | 735 ILCS 5/13-206, 13-205, 13-202; 810 ILCS 5/2-725 |
| Write the complaint | A “short and simple complaint” with your name, residence address and telephone number, the defendant’s name and place of residence, business or regular employment, and the nature and amount of the claim with dates and other relevant information. If the claim rests on a written instrument, attach a copy of it or of the relevant part, unless you attach an affidavit stating facts showing the instrument is unavailable to you. The Illinois Courts approved forms page lists a Small Claims Complaint, Summons and Answer/Response. | Rule 282(a) |
| File and pay | Civil documents must be filed electronically unless excepted or exempt. A self-represented person can be exempt for good cause, for example without home computer or internet access, an e-mail account or a credit card or bank account, by filing a “Certification for Exemption From E-filing.” You commence the action by paying the clerk the required filing fee. | Rules 9(a), 9(d); Rule 282(a) |
| Get the summons | The summons must name a day to appear “not less than 40 or more than 61 days after issuance of the summons.” The defendant may appear in person or remotely. | Rules 283, 101(b)(1) |
| Serve the defendant | A sheriff serves process; the court may, on motion, order service by a private person over 18 who is not a party. At your request and in place of personal service, the clerk can mail the summons and complaint by certified or registered mail unless a circuit court rule provides otherwise. The Cook County clerk says certified mail is available only if the case is under $10,000 and the defendant is in Illinois. | 735 ILCS 5/2-202(a); Rule 284 |
| Watch the service deadline | A summons for a small claim “may not be served later than 21 days before the day for appearance.” The person who serves it returns proof of service not less than 21 days before that day. | Rule 102(b), (d) |
If You Are Sued in Illinois Small Claims Court
Start with the summons, which gives the date, time and place. Under Rule 286(a), a defendant in a small claim “must attend court, in person or remotely,” and does not have to file a written appearance first. Here is what to do:
- Read the summons. It says an Answer/Response is not required in small claims unless the court orders one.
- Plan to attend. Go if you want to dispute the claim. The summons says the court may let you attend the first date remotely by video or phone; contact the Circuit Court Clerk’s office or the court’s website to find out. Rule 101(b)(1) tells the court to make every reasonable effort to accommodate a defendant who appears by telephone or video conference.
- Bring your proof: contracts, receipts, photos, messages, and any witnesses.
- Don’t skip the date. If a defendant does not appear, “judgment by default may be entered for want of an appearance,” although the court may require proof of the claim (735 ILCS 5/2-1301(d)). The court may set aside a default and, on a motion filed within 30 days after entry, a final judgment (2-1301(e)).
- Ask for a fee waiver if you need one. If you can’t pay filing fees, the summons says you can file an Application for Waiver of Court Fees.
For help, the summons lists Illinois Court Help: call or text 833-411-1121 or go to ilcourthelp.gov. If a corporation is the defendant, see the defense rule in the section on who can sue and defend.
The Court Date and Trial in Illinois Small Claims Court
What changes on 1 January 2027. Rule 286 is amended (M.R. 3140); read your summons for what the court expects on the first date.
| Topic | Through 31 December 2026 | From 1 January 2027 |
|---|---|---|
| First court date | Rule 286(a) says the case “shall be tried on the day set for appearance unless otherwise ordered.” | The requirement is removed. The court “retains the option” to try the case that day for self-represented people who are present and want to go ahead. |
| Answer | A defendant who appears need not file an answer unless the court orders one (Rule 286(b)). | A defendant “is not required to file an answer,” and the court may order one after the first court date. |
| Informal hearing | On its own motion or at a party’s request, the court may adjudicate (decide) the dispute at an informal hearing and may relax the rules of procedure and evidence. | The informal hearing stays, but the court “shall not disregard rules related to hearsay and privilege.” |
- Limited discovery and motions. No depositions, interrogatories, other discovery or requests to admit before trial, “except by leave of court,” and no motion without leave, except under sections 2-619 and 2-1001 of the Code of Civil Procedure (Rule 287).
- Jury only on time. A small claim is tried by the court unless the plaintiff files a jury demand when the action starts or the defendant files one by the date the defendant must appear. There are 6 jurors unless a party demands 12. Rule 285 sets the fee at $12.50 for a jury of 6 and $25 for a jury of 12; Cook County’s fee schedule (CCG-0140, 10/28/25) lists the same two small claims jury fees. If no one pays the fee, no jury is called and the court tries the case (705 ILCS 105/27.1b(e)).
What to bring. Take copies of your evidence for the judge and the other side, plus any witnesses who saw what happened. Arrive early to find the courtroom and check in. Not sure where to go? Ask at the clerk’s office.
Installment Payment Orders in Illinois Small Claims Court
Under Rule 288, the court may order a small claim judgment paid “on a certain date or in specified installments” and may stay enforcement while the debtor complies. The court may modify or vacate the stay, but installment payments “shall not extend over a period in excess of three years’ duration.”
If a payment plan matters to you, ask the court to write its terms into the order.
Appeals From Illinois Small Claims Court
| Topic | What the rule says | Rule |
|---|---|---|
| Right to appeal | Every final judgment of a circuit court in a civil case is appealable as of right, and the appeal starts with a notice of appeal. | Rule 301 |
| Deadline | The notice must be filed with the clerk of the circuit court “within 30 days after the entry of the final judgment appealed from.” If a timely posttrial motion is filed, the 30 days run from the order disposing of the last pending postjudgment motion. | Rule 303(a)(1) |
| Other side | Another party may join the appeal, appeal separately or cross-appeal within 10 days after service or within 30 days from the judgment, whichever is later. | Rule 303(a)(3) |
| The record | The appeal record can include a report of proceedings, which is a transcript. If no verbatim transcript can be obtained, the appellant may prepare a bystander’s report, and the parties may agree in writing on a statement of facts. | Rule 323(a), (c), (d) |
Under Rule 305(a), enforcement of a money judgment is stayed if a timely notice of appeal is filed and an appeal bond or other form of security is presented to, approved by and filed with the court within the time for filing the notice of appeal. The bond or security “ordinarily shall be in an amount sufficient to cover the amount of the judgment and costs plus interest reasonably anticipated to accrue during the pendency of the appeal.” On motion, the circuit court may extend the time to file and approve the bond, but those extensions “may not aggregate more than 45 days unless the parties stipulate otherwise” (Rule 305(c)).
Collecting an Illinois Judgment
Winning a judgment doesn’t put money in your hand. Illinois gives creditors four main tools:
| Collection tool | How it works | Where the rule is |
|---|---|---|
| Citation to discover assets | The judgment creditor serves a citation issued by the clerk to examine the debtor or others about income and assets. “In no event shall a citation hearing be held sooner than five business days after the mailing of the citation and citation notice to the judgment debtor, except by agreement of the parties.” The citation may prohibit the person it is directed to from transferring non-exempt property of the debtor until the court orders otherwise or the proceeding ends. | 735 ILCS 5/2-1402(a), (b), (f)(1) |
| Wage deduction | For any work week, the amount collected is the lesser of 15% of the gross amount paid or the amount by which disposable earnings exceed 45 times the federal or Illinois minimum hourly wage, whichever is greater. | 735 ILCS 5/12-803 |
| Non-wage garnishment | The creditor files an affidavit that a person owes the debtor money other than wages or holds the debtor’s property, and the clerk issues a summons to that person, called the garnishee. | 735 ILCS 5/12-701 |
| Judgment lien on real estate | For land not registered under the Land Titles Act, a judgment is a lien in any county only from the time a transcript, certified copy or memorandum of the judgment is filed with the recorder in the county where the real estate is located. Starting 1 January 2027, a judgment relating to unpaid medical debt cannot create a lien on the primary residence of the patient it was entered against. | 735 ILCS 5/12-101; Public Act 104-0490 |
Some property is exempt. Section 12-901 gives every individual “an estate of homestead to the extent in value of $50,000” of their interest in the home they occupy as a residence, and 12-1001 exempts a debtor’s interest of up to $3,600 in value in any one motor vehicle and up to $4,000 in value in other property, of which $1,000 falls under section 12-1001.1. These are the values a debtor can protect; they are not payments the debtor receives.
Under a Supreme Court order of 16 October 2026, Rule 277 (citations to discover assets) is rewritten from 1 January 2027, and new Rule 278 lets a judgment debtor claim an exemption on the return date “without the need to file a written motion” from 1 July 2027.
No judgment is enforced after 7 years from the time it was rendered, except by revival, although real estate levied on within the 7 years may be sold within one year after that (735 ILCS 5/12-108(a)). Ask the clerk how to revive a judgment. For more ways to get paid, see our guide to collecting money owed.
Interest on an Illinois Judgment
Interest on a judgment depends on who owes it, under 735 ILCS 5/2-1303:
| Debtor or judgment | Rate and rule |
|---|---|
| Judgments in general | 9% per annum, “from the date of the judgment until satisfied.” The exceptions are below. |
| Unit of local government, school district, community college district or other governmental entity | 6% per annum. |
| Consumer debt judgment of $25,000 or less | 5% per annum, from the date of the judgment until satisfied. |
| What counts as a consumer debt judgment | A judgment against one or more natural persons arising out of money, property or services acquired primarily for personal, family or household purposes. It does not include compensation for bodily injury or death, and the statute excludes some judgments where a business also owes the debt. |
| How interest is charged | “Interest shall be computed and charged only on the unsatisfied portion of the judgment as it exists from time to time,” and the debtor may stop further interest by tendering payment of the judgment, costs and interest accrued to the date of tender, even while an appeal is pending. |
Common Illinois Small Claims Court Cases
Security deposits. The Security Deposit Return Act, 765 ILCS 710/1, sets these rules for a lessor of residential real property. Start with our security deposit demand letter guide.
| Issue | What the statute says |
|---|---|
| Withholding for damage | The lessor may not withhold any part of a deposit for property damage unless, within 30 days after the lessee vacated or the right of possession ended, whichever is later, the lessor sends an itemized statement of the damage with paid receipts. |
| No statement | “The lessor shall return the security deposit in full within 45 days.” |
| Penalty | A lessor that refuses to supply the statement, or does so in bad faith, and fails to return the deposit due is liable for twice the deposit plus court costs and reasonable attorney’s fees, once a circuit court so finds. |
| Costs set in the lease | If a written lease specifies the cost for cleaning, repair or replacement, the lessor may withhold that dollar amount, but costs specified in a lease must be for damage beyond normal wear and tear and reasonable. |
| Missing address | If the lessee fails to give the lessor a mailing or e-mail address, the lessor is not liable for damages or penalties as a result of that failure. |
| Interest on deposits | A separate law requires interest only for lessors of 25 or more units (765 ILCS 715/1). |
This table covers state law. A city or county ordinance may add rules, so check where the rental is.
Unpaid loans. Lent money on a written promissory note? Attach a copy of the note to your complaint, as the written-instrument rule requires.
Common Mistakes in Illinois Small Claims Court
| Mistake | What to do instead | Rule |
|---|---|---|
| Treating the first court date as a formality | Bring your documents and witnesses, and read the summons for what the court expects. | Rule 286 |
| Forgetting the written instrument | Attach a copy of the contract or note, or an affidavit that it is unavailable. | Rule 282(a) |
| Filing for a corporation without counsel | Hire counsel before the corporation appears as a claimant. | Rule 282(b) |
| Missing the jury deadline | The plaintiff demands a jury when filing, and the defendant by the appearance date. | Rule 285 |
| Serving the summons late | Check the service deadline in the filing steps above and plan around it. | Rule 102(b) |
| Assuming an appeal stops collection | Ask the court about a bond or other security before the notice of appeal deadline passes. | Rule 305(a) |
How Illinois Small Claims Court Compares
Of the 50 other jurisdictions in our table, 12 set a higher limit than Illinois, 15 match its $10,000, and 23 set a lower one. $10,000 is the most common limit in the table.
| Comparison | Limit in our table | Compared with Illinois |
|---|---|---|
| Indiana | $10,000 | Same |
| Wisconsin | $10,000 | Same |
| New York | $10,000 | Same (guide) |
| Iowa | $6,500 | Lower |
| Missouri | $5,000 | Lower |
| Kentucky | $2,500 | Lower |
| Florida | $8,000 | Lower (guide) |
| California | $12,500 | Higher (guide) |
| Texas | $20,000 | Higher (guide) |
See every state in our small claims court limits by state table, or compare with Michigan and Ohio.
Frequently Asked Questions About Illinois Small Claims Court
What is the small claims limit in Illinois?
Claims for money based on tort or contract can go up to $10,000, and interest and costs don’t count toward that number (Supreme Court Rule 281).
How much does it cost to file small claims in Illinois?
It depends on the county. Cook County’s form CCG-0603 (05/21/26) shows $287 for claims up to $2,500 and $379 above that, and says a statutory mailing fee plus postage per defendant is added. Everywhere else, read your clerk’s schedule. If you can’t pay, ask about a waiver.
Do I need a lawyer to file small claims in Illinois?
Rule 282(a) lets you start a small claim by filing a short and simple complaint and paying the fee; only a corporation must be represented by counsel as a claimant (Rule 282(b)). Illinois Legal Aid Online offers tips on representing yourself in small claims and says you may be able to get free legal help.
What happens if I am sued and skip the court date?
A judgment by default may be entered against you, although the court may require proof of the claim. A court can set a default aside, and a motion to set aside a final judgment is due within 30 days after entry (735 ILCS 5/2-1301(d), (e)).
When is the court date in an Illinois small claims case?
Your summons names it, at least 40 and at most 61 days after the clerk issued it. Plan to attend, in person or remotely, if you want to dispute the claim.
How long do I have to appeal?
File a notice of appeal with the circuit clerk within 30 days after the final judgment, or after the last postjudgment motion is decided. Collection stays on hold only if a bond or other security is also approved and filed.
Sources & References
- Illinois Supreme Court Rules 9, 101, 102, 277-288, 298, 301, 303, 305, 323 (illinoiscourts.gov, compiled through October 21, 2026)
- Rule 281 (definition of a small claim)
- Rule 282 (complaint and corporations)
- Rule 283 (summons return date)
- Illinois Courts rule amendment archive (order of October 16, 2026, Rules 277, 278, 286)
- Cook County Clerk civil division filing fees, CCG-0603 (05/21/26)
- Cook County Clerk, Civil Division page
- 705 ILCS 105/27.1b (circuit court clerk fees)
- 735 ILCS 5/2-1303 (interest on judgments)
- 735 ILCS 5/12-803 (wage deduction)
- 765 ILCS 710/1 (security deposit return)
- Public Act 104-0490 (medical debt judgment liens)
- 735 ILCS 5/2-101 (venue)
- 735 ILCS 5/2-202 (service of process)
- 735 ILCS 5/2-1301 (default judgments)
- 735 ILCS 5/2-1402 (supplementary proceedings)
- 735 ILCS 5/5-105 (fee waivers)
- 735 ILCS 5/12-101 (judgment liens)
- 735 ILCS 5/12-108 (enforcement period)
- 735 ILCS 5/12-701 (garnishment)
- 735 ILCS 5/12-901 (homestead exemption)
- 735 ILCS 5/12-1001 (personal property exemptions)
- 735 ILCS 5/13-202 (two-year limit)
- 735 ILCS 5/13-205 (five-year limit)
- 735 ILCS 5/13-206 (ten-year limit)
- 810 ILCS 5/2-725 (sale of goods limit)
- 765 ILCS 715/1 (interest on deposits)
- Supreme Court order M.R. 29741 (civil assessment schedules)
- Supreme Court order M.R. 3140 of October 16, 2026 (Rules 277, 278, 286)
- Supreme Court order of May 29, 2026 (Rule 9, e-filing)
- Illinois Legal Aid Online, Starting a small claims case
- Cook County Clerk, Miscellaneous Fees, CCG-0140 (10/28/25)
- McHenry County Circuit Clerk fee schedule (effective January 21, 2025)
- Will County Circuit Clerk fee schedule (effective October 1, 2025)
- 55 ILCS 5/5-39001 (county law library fee)
- Cook County Circuit Court General Order 19.2 (Dispute Resolution Fund fee)
Fact-checked: November 2026
ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.
