Small Claims Court in Lake County

In Lake County, IL small claims cases are typically filed in the Small Claim Circuit Court. Lake County has one 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 Lake Court System.

Small Claims Court

Small Claims court works in Lake County, Illinois. It’s tailored to this county, so procedures may differ elsewhere. While some sections are aimed at the Plaintiff (the person filing) or the Defendant (the person being sued). Court staff can answer procedural questions but can't give legal advice.

Small Claims court is designed for quick resolution of lawsuits involving contracts or torts (legal duty breaches) seeking $10,000 or less. The filing and pre-trial processes are simpler than other lawsuits, but the same rules of law and evidence apply. Parties don't need attorneys, unless the Plaintiff is a corporation, but they can choose to have one.

The rules for Small Claims procedures are found in two main sources: 1) Illinois Supreme Court Rules 281 through 289 (available online at https://www.state.il.us/court/SupremeCourt/Rules/), and 2) the Uniform Rules of Practice of the Nineteenth Judicial Circuit (available online at http://www.19thcircuitcourt.state.il.us/1969/Part-100-Small-Claims).

Small Claim Cases

Here are some examples of Small Claims cases where $10,000 or less is claimed:

• Someone damages your property and refuses to pay for the loss.
• Your landlord refuses to return your security deposit.
• Your tenant breaks the lease or leaves damages that cost money to fix.
• Someone owes you money for work you've done but refuses to pay.
• A contractor's repair (like a roof) fails, and they refuse to fix it.

Important: Small Claims court can only order a judgment for money. It can't require someone to perform a service, stop an action, or return property.

Before Filing

Before filing a claim, try contacting the other person or business to resolve the issue through an agreement or settlement. If successful, you’ll save time, effort, and money. Reach out to explain your position and what you’re seeking in the settlement.

Also, make sure the Defendant has money, income, or property to make your judgment collectible. If they don't, there’s no way for the court to enforce payment, even if you win the case.

If you’re unsure about the process, consider observing a Small Claims court session. All hearings are open to the public and held in C-403.

Who Can Sue or Be Sued?

Anyone 18 or older can file a Small Claims case. If you're under 18, you must be represented by a licensed attorney.

When suing or being sued, it's important to use the correct legal name. Before filing, double-check the Defendant’s name, address, and phone number. If you’re suing a business, ensure you use its legal name, which might differ from the name you're familiar with. You can confirm a business's legal name by searching for its Certificate of Good Standing online at http://www.cyberdriveillinois.com/departments/business_services/corp.html. This search can also help you find the corporation’s registered agent, who can be served with the summons.

If you're suing the owner of an unincorporated business using an assumed name (like “Action Plumbing”), you can find the owner’s name by consulting the Assumed Name Index in the County Clerk’s office (on the first floor of the Administration Building).

Remember: If the Defendant is incorrectly named, you can't collect on the judgment.

Lawyer Represent

If you are 18 or older, you can choose to represent yourself in Small Claims court or hire a lawyer. However, your opponent has the right to be represented by a lawyer. While individuals can represent themselves, a corporation cannot file a case as a Plaintiff without an attorney, but it can appear as a Defendant through an officer, director, manager, or supervisor. Corporate officers should consult with a lawyer to fully understand this rule.

Though Small Claims trials are meant to be quick, they can still be complex. The court expects you to follow the same rules as a lawyer would. Many people represent themselves, but some do hire a lawyer.

Where

Typically, you must file your Small Claims case in the county where:

1. The Defendant lives
2. The events occurred that led to your right to sue (e.g., where the accident happened, the contract was signed, or the leased property is located).
3. A corporation is considered to "reside" in any county where it does business or has an office. (735 ILCS 5/2-102).

Filing in the wrong county may result in your case being dismissed. If you're unsure about the correct county, it’s a good idea to consult with a lawyer.

How to Start a Small Claims

1. Fill Out Forms: Complete the Small Claims complaint and summons. These forms are available online at the Circuit Clerk’s website or from the Clerk’s office. E-file the forms and pay the filing fee.
2. Notify the Defendant: Choose one of three ways to serve the Defendant:
   • Certified Mail: Send the summons via certified mail with a return receipt requested.
   • Sheriff: Have the Sheriff serve the summons (in or outside Lake County).
   • Private Process Server: Hire a licensed server to deliver the summons.

Regardless of the method, include two blank Appearance forms with the summons. 3. Complaint Information: Your complaint must include: - Correct names and addresses of both parties. - The amount you are claiming (up to $10,000). - A brief statement explaining why the Defendant owes you money.

Make sure to sign the complaint. If the case involves a written document (like a contract), attach a copy or explain why it’s unavailable.

Summons

A summons is a legal document that informs the Defendant they are being sued and specifies the date they must appear in court (the Return Date). The court cannot hear the case until the Defendant has been properly served the summons and complaint.

The Plaintiff selects the Return Date through the Small Claims Clerk. It can be on any weekday (Monday to Friday) at either 9:00 a.m. or 1:30 p.m., and must be between 40 and 61 days after the summons is issued. The Plaintiff should check with the Clerk to avoid court holidays or dates that are already booked. For self-represented Plaintiffs, the Return Date is always set on a Thursday.

Summons Has Been Served

To check if the summons and complaint were served on the Defendant, contact the Clerk’s Office, Sheriff’s Office, or the process server (licensed detective) the day before the Return Date. If the summons hasn’t been served, you can request a second summons (alias summons) from the court and repeat the service process.

If the summons was served, ask the Clerk whether the Defendant has filed an Appearance (a document stating their intent to have a trial).

On the Return Date, attend court to see if the Defendant appears. If the Defendant does not show up and has not filed an Appearance, you may ask the Judge for a Default Judgment. Be prepared to present your case and evidence.

Before a Default Judgment can be entered, you must file an Affidavit as to Military Service, confirming whether the Defendant is in the military. You can check the Defendant's military status online at SCra.dmdc.osd.mil. If you're unsure about their status, note that in the Affidavit.

If you do not appear on the Return Date, the case may be dismissed for lack of prosecution. If both parties appear, the court will set a trial date.

Court Costs

Both the Plaintiff and Defendant must pay fees or costs before the case can proceed in court. These fees are listed on the Fee Schedule, which can be found on the Circuit Clerk’s website.

Recover Court Costs

The court may order the losing party to pay the winning party's court costs, which can include filing fees, service fees, and subpoena fees.

However, if you file a Small Claims complaint and lose, you may be required to reimburse the opposing party for their court costs.

Cannot Afford the Filing Fee

If you cannot afford the filing fee, you can ask a Judge to waive it. To do this, fill out an Application and Order for Waiver of Court Fees. You can get the form from the Small Claims Clerk, the Law Library, or online at the Circuit Clerk’s website.

Once completed, the clerk will guide you through the process for an informal hearing. The Judge will decide whether to grant the waiver and issue an order accordingly.

If you are the Defendant and want to dispute the Plaintiff’s claim, you can also request a waiver of the filing fee for your Appearance by completing the same form.

If You’ve Been Sued

1. Receive the Complaint and Summons: You’ll be notified in one of two ways:
   • By certified mail, or
   • By hand delivery from the Sheriff or another authorized person to you or someone in your household (age 13 or older).
2. The complaint will explain why you’re being sued and the amount claimed, and the summons will provide the court date (Return Date) and instructions on how to file your response (Appearance).
3. Do Not Ignore the Summons: Failing to respond may result in a default judgment against you for the amount claimed, plus court costs.
4. If You Admit Owing the Amount:
   • Contact the Plaintiff to settle out of court and avoid a judgment on your record.
   • If you cannot pay in full, discuss a payment plan.
5. If You Dispute the Claim:
   • Appear in court on the Return Date and file an Appearance with the Circuit Clerk.
   • If you attend court, the Judge will ask for decisions on how to proceed:
     • Agreeing with the Plaintiff on the amount or terms, you can settle, and the Judge may issue a dismissal order.
     • Mediation: Both parties can use a mediator (available on Thursdays) to resolve the dispute.
     • Trial: If no agreement is reached, the Judge will set a trial date.
     • Counterclaim: If you believe the Plaintiff owes you money from the same situation, you can file a counterclaim (with a fee).
     • Failure to Appear or Respond: If you don’t settle or file an Appearance by the Return Date, and you fail to appear in court, a default judgment may be entered against you.

Prepare for Trial

1.Organize Your Facts: Write down the key details of your case in chronological order to help stay on track during your testimony.

2. Gather Evidence: Collect relevant documents (contracts, receipts, photos, etc.) and bring original copies plus at least one legible copy.

3. Witnesses: Bring witnesses who can testify firsthand about your case. If necessary, use subpoenas to compel reluctant witnesses to attend.

4. Testify: Be prepared to testify about your case and question the Defendant if they appear.

5. Prepare for Court: Practice presenting your case, be ready to explain the facts, and have any questions for witnesses planned in advance.

6. Organize Claims: List any claims (e.g., unpaid bills) and total the amounts. Ensure your evidence is organized and ready to share with the opposing party.

7. Trial Day: Be prepared to present all of your case on the trial date, as continuances are rarely granted.

Witness Subpoenas:

• If a witness refuses to attend, request a subpoena from the court.
• The witness may need to be served by the Sheriff and could require travel reimbursement, which you can ask the court to cover if you win.

Mediation

• Purpose: A free program to help resolve disputes without going to trial.
• Mediators: Members of the Lake County Bar Association, available in person or via Zoom on Thursdays.
• Court-Ordered Mediation: The court may require the parties to mediate before proceeding to trial.
• Goal: To reach a settlement before trial. If mediation fails, the case will proceed to trial.

Trial Date

1. Arrival and Organization: Arrive early to find the courtroom and organize your materials. Failure to appear on time may result in a judgment for the other party.

2. Prepare Evidence and Witnesses: Bring all physical evidence and any witnesses to support your case.

3. Waiting for Your Case: You may have to wait as other cases are heard. Listen to learn courtroom procedures.

4. Trial Process:

   • The Plaintiff presents their case first, including testimony from witnesses and physical evidence. After each witness testifies, the Defendant can ask questions.
   • The Defendant then presents their case, including their own testimony, witnesses, and evidence. The Plaintiff can cross-examine the Defendant’s witnesses.
   • Both sides can question each other.

5. Courtroom Etiquette: Be brief, stick to the facts, and do not interrupt or argue with witnesses. Answer questions from the Judge clearly and respectfully.

6. Judge’s Decision: After hearing both sides, the Judge will issue a judgment based on the law and facts. The losing party may be ordered to pay court costs.

7. Informal Hearing Option: If an informal hearing is used, the Judge may ask questions and the rules of procedure and evidence may be relaxed. The Judge will announce their decision and explain it at the end of the hearing.

Collect Your Money After Winning

1. Immediate Payment: If you win, the amount awarded is due immediately, and interest begins accruing at 9% per year (in most cases).

2. Non-Payment: If the Judgment Debtor does not pay within 30 days, you (the Judgment Creditor) can begin legal collection actions.

3. Collection Process: You can start the collection process by picking up the Common Collection Sheet from the Circuit Clerk’s office or online at the Clerk's website. However, keep in mind that the Clerk cannot provide legal advice.

4. Consider Legal Assistance: Given the complexity of collection law, you may want to hire an attorney to help enforce the judgment and guide you through the process.

Disagree with the Judge's Decision

• Motion to Reconsider: You can file a Motion to Reconsider within 30 days of the judgment date. This is a request for the Judge to review and possibly change their decision.
• Appeal: You can appeal the Judge's decision to the Second District Appellate Court in Elgin, Illinois.
• No Ready-Made Forms: There are no standard forms for a Motion to Reconsider or an appeal. You can visit the Law Library and Center for Self-Representation at the courthouse to form templates or seek the advice of an attorney to understand the best course of action.

Miscellaneous Information

1. Case Number: The clerk will assign a case number. Always refer to this number when dealing with the clerk or sheriff.

2. Change of Address: If your address or phone number changes, notify the clerk and the opposing party by submitting a Change of Address form, available online.

3. Attend Court Sessions: Small Claims court sessions are open to the public. You can attend any session to observe the procedures. Court opens at 8:45 a.m. and 1:15 p.m., Monday through Friday.

4. Court Reporters: Small Claims cases don't have court reporters. If you need a transcript, you must arrange and pay for a court reporter yourself.

5. Additional Information: For more information, you can contact the Office of the Circuit Court Clerk or the William D. Block Memorial Law Library and Center for Self-Representation. Court staff cannot provide legal advice.

Courthouses Location:

Lake County Circuit Court (Main Location)

18 N. County Street
Waukegan, IL 60085
(847) 377-3380
https://www.19thcircuitcourt.state.il.us/1342/Small-Claims

BUILDING HOURS

• Monday – Friday 8:00 a.m. – 5:00 p.m., except court holiday

CITIES SERVED

• Waukegan
• Buffalo Grove
• Mundelein
• North Chicago
• Highland Park
• Gurnee
• Lake Hills
• McHenry
• Round Lake Beach
• Vernon Hills
• Zion
• Grayslake
• Libertyville
• Lake Zurich
• Lake Forest
• Deerfield
• Round Lake
• Antioch
• Lindenhurst
• Beach Park
• Wauconda
• Gages Lake
• Fox Lake
• Barrington
• Hawthorn Woods
• Lake Villa
• Long Grove
• Island Lake
• Lincolnshire
• Park City
• Round Lake Park
• Volo
• Winthrop Harbor
• Johnsburg
• Lakemoor
• Lake Bluff
• Grandwood Park
• Highwood
• Kildeer
• Green Oaks
• Hainesville
• Wadsworth
• Pistakee Highlands
• Long Lake
• Venetian Village
• Round Lake Heights
• Fox Lake Hills
• Oakwood Hills
• Channel Lake
• Knollwood
• Lake Catherine
• Forest Lake
• Third Lake
• McCullom Lake
• Holiday Hills
• Mettawa
• Indian Creek
• Trout Valley
• Old Mill Creek

Let Squabble Help You With Your Small Claim at Lake County

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