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1. Can any kind of case be resolved in small claims court?

No, small claims courts primarily resolve small monetary disputes. In a few other states, however, small claims courts may also rule on a limited range of other types of legal disputes, such as evictions or requests for the return of an item of property (restitution). You cannot use small claims court to file a divorce, guardianship, name change or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act).

When it comes to disputes involving money, you can usually file in small claims court based on any legal theory that would be allowed in any other court -- for example, breach of contract, personal injury, intentional harm or breach of warranty. A few states do, however, limit or prohibit small claims suits based on libel, slander, false arrest and a few other legal theories.

Finally, suits against the federal government or a federal agency, or even against a federal employee for actions relating to his or her employment cannot be brought in small claims court. Suits against the federal government normally must be filed in a federal District Court or other federal court, such as Tax Court or the Court of Claims. Unfortunately, there are no federal small claims procedures available except in federal Tax Court.

2. Are there time limits in which a small claims court case must be filed?

Yes, states establish rules called "statutes of limitations" that dictate how long you may wait to initiate a lawsuit after the key event giving rise to the lawsuit occurs or, in some instances, is discovered. Statutes of limitations rules apply to all courts, including small claims.

You'll almost always have at least 1 year to sue (measured from the event or, sometimes, from its discovery). Often, you'll have much longer. There may be extenuating circumstances that lengthen or shorten the established Statute of Limitation - this is where a review by a lawyer may be of great benefit. If you're planning to sue a state or local government agency, however, you'll usually need to file a formal claim with that agency within 3 to 6 months of the incident. Only after your initial timely complaint is denied are you eligible to file in small claims court.

If some time has passed since the incident giving rise to your lawsuit occurred -- for example, after the breach of a written contract or a personal injury -- you may need to do a little research to determine whether you can still file your claim. Check your state's legal code under the index heading "statute of limitations."

3. How much can I sue for in small claims court?

The limit in Illinois is $10,000.

4. Where should I file my small claims lawsuit?

Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person's residence or headquarters. In some instances, you also may be able to sue in the location (venue) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

5. What can I do to resolve my problem with out going to small claims court?

If you want what's owed to you, but you don't want to take on the trouble of bringing a lawsuit, you have a couple of options to consider. First, even if you've been rudely turned down in the past, ask for your money at least once more. This time, make your demand in the form of a straightforward letter, concluding with the statement that you'll file in small claims court in fourteen days unless payment is promptly received. Unlike a conversation, where the other party may assume you'll never follow up, a demand letter is like a slap in the face that lets the person know you're serious about getting paid. Because many individuals and small business people have a strong aversion to the idea of a public trial (including the time and inconvenience), making it clear you are prepared to file a lawsuit can be an effective catalyst to getting the other party to talk settlement.

6. Will I get paid if I win the lawsuit?

Not necessarily. The court may decide in your favor, but it won't handle collection for you. So before you sue, always ask, "Can I collect if I win?" If not, think twice before suing.

Worrying about whether or not you can get paid is reasonable, because some people and businesses are "judgment proof" -- that is, they have little money or assets and aren't likely to acquire much in the foreseeable future. If they don't pay voluntarily, you may be out of luck. Ask yourself whether the person you're suing has a steady job, valuable real property or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win. If not, try to identify another collection source, such as a bank account, before going forward. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future, since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You'll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road.

7. If I'm sued in small claims court but the other party is really at fault, can I countersue?

In Illinois, you can countersue as long as your claim arises out of the same event or transaction.

If the amount you sue for is under the small claims limit ($10,000), your case will probably remain in that court. If, however, you want to sue for more, check with your small claims clerk for applicable rules. Often, you'll need to have the case transferred to a different court (civil) which has the power to handle cases where more money is at stake.

8. What should I do to prepare my small claims case?

Whether you are a plaintiff (the person suing) or the defendant (person being sued), the key is to realize that it's usually what you bring with you to court to back up your story-not what you say-that determines whether you'll win or lose. This makes sense if you understand that the judge has no idea who you are and whether your oral (spoken) testimony is reliable. After all, your opponent is likely to claim that the "true story" is exactly the reverse of your version.

In short, your chances of winning will greatly increase if you carefully collect and prepare your evidence. Depending on the facts of your case, a few of the evidentiary tools you can use to convince the judge you are right include eyewitnesses, photographs, letters from experts, advertisements falsely hyping a product or service and written contracts.

We have prepared Checklist for both the Plaintiff and the Defendant, click on the appropriate description to view and print.

9. What's the best way to present my case to a judge?

First, understand that the judge is busy and has heard dozens of stories like yours. To keep the judge's attention, get to the point fast by describing the event what gave rise to your claim. Immediately follow up by stating how much money you are requesting. To be able to do this efficiently, it's best to practice in advance. Here is an example of a good start: "Your Honor, my car was damaged on January 10, 2000, when the defendant ran a red light at Lewis and Grand Streets in the Town of Waukegan and hit my front fender. I have a canceled check to show it cost me $927 to fix the fender."

After you have clearly stated the key event, double back and tell the judge the events that led up to your loss. For example, you might now explain that you were driving below the speed limit and had entered the intersection when the light was green, and when the defendant came barreling through the red light, you did your best to avoid the defendant's car.

10. Can I bring a lawyer to small claims court?

In Illinois, you can be represented by a lawyer if you like. But hiring a lawyer is rarely cost-efficient. Most lawyers charge too much given the relatively modest amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

11. Will my witnesses need to testify in person in small claims court?

You may bring to court witnesses to testify to their personal knowledge and observations relevant to the case. Do not bring letters from witnesses on the theory the witnesses could not appear personally. Such letters are not admissible in evidence even though written under oath and notarized. If witnesses refuse to attend the trial, you may have the Court order the witness to come to court with a subpoena. (See Section S.) Naturally, you may testify as a witness in your own case. You may also call the defendant(s) as a witness(s) and ask questions of them. Be prepared to make a brief but complete statement explaining your side of the case using your physical evidence, if any. It is a good idea to practice ahead of time what you are going to say to the Judge. Write out all questions you want to ask your witnesses.

12. If I lose my case in small claims court, can I appeal?

First, you can file a Notice of Motion and a written Motion to Reconsider before the Judge who heard the case and signed the judgment. You may use the forms for this purpose available on this website or at the Center for Self Representation or the Circuit Clerk’s office. You must ask the Circuit Clerk’s office to schedule a time and date for hearing on your Motion. A copy of your written Motion to Reconsider and the Notice of Motion (notifying the other party of the date you have scheduled with the clerk for hearing on your motion) must be mailed to the other parties in the case. Your motion should explain why the judgment was wrong based on the evidence presented at trial or the law.

You may appeal the judgment. A form Notice of Appeal is available on this website, at the Circuit Clerk’s office or at the Center for Self-Representation.

IMPORTANT: If you decide to appeal, you must file a Notice of Appeal in writing at the Circuit Clerk’s office within 30 days of the Judge’s decision.

If you decide to appeal without doing a Motion to Reconsider the judgment, you must file the Notice of Appeal within 30 days of the date of the judgment. If you decide to do a Motion to Reconsider, you must file the Notice of Appeal within 30 days of the judge’s decision on your Motion. The Circuit Clerk’s office will send the Notice of Appeal to the Appellate Court. There are very specific rules you need to follow in an appeal. You may want an attorney’s advice on whether and how to appeal. Unless excused, a bond is required to stop enforcement of a Judgment pending appeal. Filing an appeal does not automatically stop collection of the Judgment.