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Small Claims Court in Will County

In Will County, IL small claims cases are typically filed in the Small Claim Circuit Court. Will County has two full services offices and seven Circuit Courthouses that handle 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 Will Court System.

Small Claims Court

In Will County,Illinois you can take a case to Small Claims Court if the amount in question is under $10,000. Here are some situations where Small Claims Court might be the right choice:

If you bought something that doesn’t work and the store won't give you a refund.
If your landlord keeps your security deposit even though you left the place clean and undamaged.
If your employer hasn’t paid you the wages you’re owed.
If someone damages your property and won’t cover the cost of the repairs.
If you believe someone has wronged you or owes you up to $10,000, and they’re refusing to pay.

Consider Before to File a Claim

There are a few steps you should consider before filing a small claims suit:

Try to Resolve the Issue First: Before heading to court, attempt to settle the dispute directly. Write a letter to the person or business involved, explaining why they owe you money and requesting payment. Make sure to keep a copy of this letter for your records. Sometimes, a clear and straightforward explanation can resolve the issue.
Seek Help from Organizations: If your dispute is with a business, you might want to contact the local Chamber of Commerce or the Better Business Bureau. If you suspect you've been scammed by a business, reach out to the Illinois Attorney General’s Consumer Fraud Division. These organizations can help address dishonest practices and might assist in resolving your issue.

By trying these steps first, you could save yourself time and money. However, if you can’t reach a resolution, you’ll be in a better position to proceed with a small claims suit.

Start a Small Claims

To start a small claims lawsuit, follow these steps:

File a Complaint: Begin by electronically filing a legal document called a Complaint. This document explains to the court and the other party why you’re suing. Here’s what you need to include:
- Your name, address, and phone number (you'll be the Plaintiff).
- The correct name and address of the person or business you’re suing (the Defendant).
- The amount of money you claim the Defendant owes you.
- A brief and clear explanation of the issue and why you're taking legal action.
Verify Information: Ensure you have the correct legal name and address of the Defendant. Listing incorrect details can affect your ability to recover your money. For businesses, the name on the storefront might not always be the legal name.
Attach Relevant Documents: If your claim is based on a contract, lease, or any other written document, include a copy of this document with your Complaint.
Pay the Filing Fee: After submitting the Complaint electronically, you’ll need to pay a filing fee, which can range from $139.00 to $314.00, depending on the amount you’re claiming. If you can’t afford the fee, you can request a waiver by filling out an Application For Waiver of Court Fees and an Order For Waiver of Court Fees. These forms should also be submitted electronically. The judge will review and decide whether to grant the waiver.
Include Court Costs: If you win your case, the Defendant might be ordered to pay your court costs. Make sure to specify on the Complaint that you’re also requesting "Plus Court Costs."
Request a Jury Trial (Optional): You can request a jury trial by submitting a jury demand electronically and paying a fee ($12.50 for a 6-person jury or $25.00 for a 12-person jury). Keep in mind that jury trials are more complex, so consulting an attorney might be wise.
Submit and Review: Once you’ve submitted your Complaint and any attachments electronically, the Clerk will review your filing. If everything is in order, they will file it and assign a case number.

The location where you file your lawsuit does matter. In Illinois, you need to file your Complaint in either:

The county where the Defendant lives, or
The county where the events that led to your lawsuit occurred.

Notifying the Defendant

When preparing your Complaint, you also need to prepare a summons, which will notify the Defendant of the lawsuit. You'll choose an appearance date, which is the first court date all parties must attend. Typically, you can select any weekday (Monday through Friday) at 9:00 a.m. in courtroom 1002.

To serve the summons to the Defendant, you have a few options:

Certified Mail/Restricted Delivery: You can request that the Clerk send the summons via certified mail with restricted delivery, but this option comes with additional fees. It’s generally cheaper but carries the risk that the Defendant might refuse to accept it.
Sheriff or Private Process Server (PPS): If you prefer a more reliable method, or if you’re concerned that the Defendant might refuse to accept the mail, you can have the Will County Sheriff or a private process server deliver the summons. If the Defendant lives in a different county, you may need the Sheriff from that county to serve the summons. Outside of Cook County, a licensed private process server can also deliver the summons without needing special court orders.

For serving the summons in Will County, you can refer to the Sheriff’s Office Civil Process Fee Schedule for their procedures and payment options. If you're unable to pay the fees, you can ask the court to waive them using an Order for Waiver of Court Fees, but make sure to check if the Sheriff's Office will accept this waiver.

Appearance Date

Service Proof: Before the appearance date, you must electronically file proof that the Defendant has been served. This is essential to move forward with your case.
Presenting Your Case: The appearance date is your first opportunity to present your case to the Judge. Make sure you arrive on time, as missing this date could lead to your case being dismissed.
If the Defendant Agrees: If the Defendant appears and acknowledges that they owe you the money, the Judge will likely enter a judgment in your favor. This means the Judge has ruled that you are right and the Defendant owes you the amount you claimed.
If the Defendant Disputes: If the Defendant shows up and disputes the claim, the Judge might schedule another date for a full trial. In some counties, the Judge might conduct the trial on the appearance date itself, so be ready to proceed with the trial if necessary.
If the Defendant Fails to Appear: If the Defendant does not show up, the Judge may either continue the case to allow for additional attempts at service or issue a default judgment in your favor. A default judgment means you win the case because the Defendant failed to respond.

Prepare Your Case

To effectively prepare your case, follow these steps:

Gather Evidence: You need to prove that the Defendant owes you money. Collect all relevant evidence to support your claim. This might include:
- Documents: Contracts, leases, receipts, bills for repairs, photographs, or canceled checks. For example, if you’re suing a dry cleaner for ruining your dress, bring the damaged dress with you.
- Testimonies: Prepare to provide sworn testimony about your case or bring witnesses who can testify on your behalf. For instance, if someone saw your neighbor damage your bicycle, their testimony could be valuable.
Prepare Subpoenas: If you have important witnesses who refuse to come to court voluntarily, you can issue a subpoena. This legal document requires the witness to appear in court. You’ll need to pay a service fee and a small witness fee. If you win your case, these fees may be reimbursed by the Defendant.
Organize Your Presentation: Plan what you’ll say to the Judge and write out the questions you want to ask your witnesses. This preparation helps ensure you cover all your points clearly and effectively.
Familiarize Yourself with the Courtroom: Arrive at the court a bit early to observe how other cases are handled. This can help you understand the court’s procedures and make you feel more comfortable when it’s your turn.

Going to Court

When you arrive at court, follow these steps to ensure a smooth process:

Arrive on Time: Be punctual for your court hearing. When your case is called by the Clerk, both you and the Defendant will approach the Judge’s bench.
Show Respect: Treat the Judge with respect and address them as “Your Honor.” Small Claims Court is informal, but maintaining respect is crucial.
Take the Oath: Both parties and their witnesses will be sworn in before testifying.
Present Your Case: As the Plaintiff, you’ll present your case first. Clearly explain to the Judge what happened and why you believe the Defendant owes you money. Present any physical evidence you have, like receipts or photographs, and inform the Judge if this evidence was already filed electronically. After you’ve presented your case and questioned your witnesses, the Defendant will have the opportunity to question them.
Defendant’s Turn: The Defendant will then present their side of the case. They can testify, question their witnesses, and present their own evidence, either physically or electronically. You’ll have the chance to question the Defendant’s witnesses and the Defendant themselves.
Avoid Interruptions: While the Defendant is presenting their side, do not interrupt or argue. Listen carefully to understand their position so you can address any discrepancies later. The goal is to present your case calmly and clearly.
Judge’s Decision: After all evidence is presented, the Judge may make a decision immediately or take more time. The final judgment document will outline the Judge’s decision. If you win, the judgment might be for the full amount you requested or a lesser amount. The Defendant may not be required to pay immediately. If you asked for court costs, the judgment may include those as well.
If the Decision is Against You: If the Judge rules in favor of the Defendant, your case will be closed. You might be responsible for the court costs incurred by the Defendant.

Judgment

If the Judge ruled in your favor but the Defendant refuses to pay, here’s what you can do:

Send a Reminder: If the Defendant is a business, they may pay promptly. Start by sending a reminder letter. Keep a copy of this letter for your records.
Start Collection Procedures: If payment is still not made, or if the Defendant is an individual who claims they can’t or won’t pay, you can initiate collection procedures. In Illinois, you have several options:
- Citation to Discover Assets: You can use three different forms to try to uncover the Defendant’s assets:
  - Citation to Discover Assets to Debtor: To find out about the Defendant’s income and assets.
  - Citation to Discover Assets to Debtor's Bank: To get information about the Defendant’s bank accounts.
  - Citation to Discover Assets to Debtor's Employer: To obtain details about the Defendant’s employment and income.
- These forms can be filled out and submitted electronically. You’ll need to pay for them so the Clerk can issue them, and then attempt to serve them to the Defendant. At the court appearance (which is any weekday at 9:00 a.m. in courtroom 1002), the Defendant will be placed under oath, and you can question them about their income, assets, employment, and other financial information. The Judge may then set specific terms for the Defendant to pay the judgment.
Other Collection Methods: If necessary, you can also:
- Request a Rule to Show Cause Hearing: This can hold the Defendant in contempt of court for not paying as ordered.
- Place a Lien on Real Estate: This involves putting a claim on any real estate the Defendant owns.
- Garnish Wages or Bank Accounts: This involves taking money directly from the Defendant’s wages or bank accounts.
Seek Legal Advice: For these more advanced collection methods, it’s a good idea to consult with an attorney. These procedures require additional forms, filing fees, and service fees.

Appeal

You can appeal the Judge’s decision if you disagree with it. Here’s how you can do that:

File a Notice of Appeal: You need to electronically file a Notice of Appeal with the Circuit Clerk within 30 days of the Judgment.
Notify the Other Party: Make sure to provide a copy of the Notice of Appeal to the other party involved in the case.
Consult an Attorney: Appeals involve more formal legal procedures and rules. It’s advisable to consult with an attorney to guide you through the appeal process and help you understand your chances of success.

Let Squabble Help You With Your Small Claim at Will 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 Will 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.

Courthouses Location:

1. Will County Courthouse

12th Judicial Circuit Court
100 W. Jefferson Street
Joliet, IL 60432
(815) 727-8592
https://www.circuitclerkofwillcounty.com/

BUILDING HOURS

Monday – Friday 8:30 a.m. – 4:30 p.m., except court holiday

2. River Valley Justice Center

3208 West McDonough
Joliet, IL 60431
(815) 730-7100
https://www.rivervalleydetention.com/

BUILDING HOURS

Monday – Friday 8:30 a.m. – 4:30 p.m., except court holiday

Small Claims Court in Will County

Small Claims Court

Consider Before to File a Claim

Start a Small Claims

Notifying the Defendant

Appearance Date

Prepare Your Case

Going to Court

Judgment

Appeal

Let Squabble Help You With Your Small Claim at Will County

Courthouses Location:

1. Will County Courthouse

2. River Valley Justice Center

3. Bolingbrook Branch Court - Court only

4. Braidwood Branch Court - Court only

5. Lockport Branch Court - Court only

6. Peotone Branch Court - Court only

7. Plainfield Branch Court - Court only

8. Frankfort Branch Court - Court only

9. Wilmington Branch Court - Court only