Small Claims Court in DuPage County

In DuPage County,IL small claims cases are typically filed in the Circuit Court. DuPage County has 1 Circuit Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the DuPage Court System.

Small Claims Court

The DuPage County, Illinois Small Claims Court is a special court for handling cases where the claims are $10,000 or less. Anyone can file a lawsuit in Small Claims Court if the claim is $10,000 or less.

If you represent yourself, you'll need to handle all the work typically done by a lawyer, such as investigating, preparing your case, representing yourself in court, and gathering witnesses and evidence.

The judge and court staff won't do this for you. Corporations cannot file claims, act as assignees, subrogees, or counter-claimants in small claims without a lawyer. However, if the claim is $1,500 or less, a corporation can defend itself in any small claims case in this state through an officer, director, manager, or supervisor.

For these purposes, an "officer" includes the president, vice president, registered agent, or another person responsible for managing the corporation's affairs. (Supreme Court Rule 282(b), effective August 1, 1987).

Cases Handled

The Small Claims Court deals with a variety of cases, such as:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection issues
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Filed a Small Claim

If you file a Small Claims suit, you are called the PLAINTIFF. If you have been sued in the Small Claims Court, you are the DEFENDANT. To start a Small Claims action, you need to file a COMPLAINT with the Clerk of the Circuit Court.

The document explains who you are suing, where they live, how much money they owe you, and why they owe it. The Plaintiff must sign the COMPLAINT, and the statement must be sworn to before a Notary Public or the Clerk of the Court.

You need to provide the exact name and address of the Defendant, as the Clerk will not assist with this. If the Defendant is a corporation, you must serve an officer or the registered agent of the corporation. You can find this information in the Corporation Index at the small claims office in the Judicial Center or by contacting the Corporate Search Department of the Illinois Secretary of State at (312) 793-3380.

Keep in mind that sometimes the person you are suing may be an employee of someone else or a corporation, and their employer might be responsible for your claim. Therefore, it's crucial to ensure you are suing the correct party.

Where to File a Complaint and Cost

Where to File the Complaint and Costs Involved

Generally speaking, every Complaint must be filed either in the county where one of the defendants lives or in the county where the transaction, or some part of it, took place. To file a complaint, you need to go to the Clerk of the Circuit Court - Civil Division, located on the first floor of the Judicial Building at 505 N. County Farm Road in Wheaton, Illinois.

Filing Fees:

• For claims under $250: $115
• For claims between $250 and less than $1,000: $140
• For claims over $1,000 and up to $2,500: $150
• For claims from $2,501 to $4,999.99: $200
• For claims from $5,000 to $10,000: $250

Service Fees

If the defendant is in Illinois, you can use Certified Mail for service, which incurs an additional fee for each person served, on top of the filing fees.

Court Date

When filing your suit, you need to set a court date, known as a Return Date, between 14 and 40 days after the summons is issued. Typically, a date 30 days from the filing is enough time to serve the Defendant. Return dates are scheduled on weekdays (Monday through Friday), excluding legal holidays, at 8:45 a.m.

If the Defendant Does Not Appear

If the Defendant does not show up, it might mean they were not served with the Complaint and Summons. In this case, you must prepare an Alias Summons, usually requiring the Sheriff to serve it.

If the Defendant Disputes the Claim

If the Defendant contests the claim, the case will be scheduled for a trial on a future date.

Attendance Requirements

The Plaintiff and/or the Plaintiff's attorney must always appear on the summons Return Date, even if service has not been completed. Failure to appear will result in the case being dismissed for lack of prosecution.

Service by Certified Mail

For cases where the summons is to be served by Certified Mail, the Plaintiff must complete a sworn affidavit regarding the Defendant's last known address. This affidavit is located on the reverse side of the summons (white copy) that is kept by the Clerk in the court files.

Settled the Case

If you and the Defendant agree on an amount to be paid and accepted, it's called a settlement. Here's what to do in different scenarios:

1. If You Receive Your Settlement Money Before the Court Date:
   • Notify the Clerk in person or by mail.
   • Inform the Clerk that the case has been settled.
   • Request that the case be dismissed.
2. If the Case is Settled but You Have Not Received Your Money:
   • Attend the scheduled court date.
   • Ask the Judge to continue the case until you have received the money.
3. After Receiving Your Settlement Money:
   • Notify the Court that you want the case dismissed.
   • This can be done in person at the Clerk's office or by writing to the Clerk to request the dismissal.

Preparing for Trial

1. Know the Date and Time:
   • Ensure you know the exact date and time of your trial.
   • Arrive on time.
2. Gather Evidence:
   • Bring all relevant documents, photos, or other physical evidence.
   • Present these items to the Judge.
3. Bring Witnesses:
   • Witnesses can provide crucial support for your case.
   • Ensure they know the exact date and time and show up on time.
4. Subpoenas for Reluctant Witnesses:
   • If a witness is reluctant to appear, you can request a subpoena, which is a court order requiring their presence.
   • To make a subpoena legal, you must pay the witness fees of $20 and cover their mileage to and from the courthouse at the time of serving the subpoena.
5. Attendance: If you fail to show up for your trial, you will lose the case. If you have a valid reason for not attending, have someone appear on your behalf to request a continuance from the Judge.

Trial Day

1. Nature of the Trial:
   • The trial in Small Claims Court is simple and somewhat informal.
   • The Judge listens to both parties and their witnesses, examines any physical evidence, and then makes a decision.
2. Order of Presentation:
   • The Plaintiff and their witnesses present their case first.
   • The Defendant and their witnesses present their case next.
3. Absence of Parties:
   • If the Defendant fails to appear, the Judge will award judgment to the Plaintiff.
   • If the Plaintiff fails to appear, the case will be dismissed.
4. Testifying:
   • Try to stay calm, speak slowly, and speak loudly enough to be heard clearly.
   • The Judge may ask you questions; answer them clearly and directly.

Jury Trial

1. Demanding a Jury Trial:
   • Plaintiff: When filing a complaint, the Plaintiff must request a jury trial and choose between a jury of six or twelve. If the Plaintiff does not make this demand at the time of filing, the right to a jury trial is considered waived.
   • Defendant: The Defendant must also demand a jury trial at the time of filing their answer. Failing to do so will waive the right to a jury trial.
   • Fees: The cost is $12.50 for a jury of six and $25.00 for a jury of twelve (705 ILCS 105/27.2 S).
   • Recommendation: It is strongly advised to consult with an attorney before demanding a jury trial due to the complexity of the process.

Responding to a Small Claims Complaint

1. Appearance:
   • If sued, you or your attorney must appear on the return date specified by the summons. - - Your attorney needs to file a document called an "appearance" with the Clerk.
   • The court will either hear the case on the return date or schedule it for a later trial date.
2. Requesting a Jury Trial:
   • If you want a jury trial, you must make the demand and pay the statutory fee either at the time of filing your appearance or by the date you are required to appear. This is done at the Circuit Court Clerk's office.

Collecting Your Judgment

If you win the case, the judge may award you the costs of bringing the suit along with the amount you are seeking. However, before filing, ensure the defendant has money, income, or property to pay the judgment. Suing someone who is "judgment-proof" (lacking assets to pay) is not advisable, as it means you may not be able to collect what you're owed.

Important Considerations

• Ensure you are suing the correct party. Sometimes, the responsible party might be an employer or a corporation, not the individual.
• It can be beneficial to consult with an attorney before filing your complaint, as this is generally inexpensive and can help you avoid mistakes.

Legal Limitations

According to the Illinois Constitution, a judge cannot jail someone for failing to pay a debt. Therefore, if the defendant lacks money, income, or property, the court cannot assist you in recovering the owed amount. Ensure that any judgment will be collectible before incurring the costs of a lawsuit.

Getting Your Money After a Judgment

1. Judge's Decision:
   • If the Judge rules in your favor, they will issue a JUDGMENT ordering the Defendant to pay you the owed amount.
   • You should ask the Defendant to pay immediately. If the Defendant is not present, inform them of the judgment and request payment.
2. Collection Proceedings:
   • If the Defendant refuses to pay, you must initiate collection proceedings, as the Court and Clerk do not collect the money for you.

• Collection Methods:
  • Wage Deduction Summons: If you know the Defendant's employer, you can have their wages garnished.
  • Non-Wage Garnishment Summons: If you know where the Defendant has a bank account, you can garnish their bank funds.
• Steps for Collection:
  • The garnishee (employer or bank) must file a sworn answer with the Court Clerk.
  • You must appear in Court for a judgment against the garnishee.
  • The Court will issue a turn over order, which you send to the garnishee to receive your money.
  • Repeat these steps as necessary to collect the full judgment amount plus additional costs.

3. Discovering Assets:
   • If you do not know where the Defendant works, banks, or owns property, request a CITATION TO DISCOVER ASSETS.
   • The Defendant must appear in court, under oath, and answer your questions about their employment, bank accounts, income sources, and property.
4. Assistance from the Clerk:
   • The Small Claims Court Clerk will help you with the necessary forms for judgment collection.
   • Additional costs for collection can be added to the amount recoverable from the Defendant. However, if the Defendant lacks assets, additional collection efforts may waste money.
5. Release and Satisfaction of Judgment:
   • Once the judgment is collected, provide the Defendant with a RELEASE AND SATISFACTION OF JUDGMENT form for filing with the Circuit Court Clerk.
6. Appeals:
   • Either party can appeal the judgment to the 2nd District Appellate Court in Elgin, Illinois.

Courthouse Locations:

DuPage County Courthouse

DuPage County Judicial Center
505 N. County Farm Road
Wheaton, IL 60187
Small Claims Division: (630) 407-8700
Circuit Court Clerk: (630) 407-8700
https://www.dupagecourts.gov/18th_judicial_circuit_court/

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at DuPage County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at DuPage County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.