Filing a Small Claim in DuPage County, Illinois

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Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants. Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

 

The rules of civil procedure and evidence are typically simplified in small claims proceedings so as to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in DuPage County

 

Any individual over the age of 18 can file in DuPage County Small Claims Court for damages up to $1,500.  You may bring an action in DuPage County if the defendant resides there, the cause of action occurred there, or any property pertaining to the action is located there. 

 

In order to file the claim, you will first need to select the appropriate court.  Small claims are conducted at any of the DuPage County District Courts, and the necessary forms to file your small claim can be found at the DuPage County Court System website

 

There is a court fee to file a small claim in DuPage County that varies based on the amount of your claim.  For suit amounts that are less than $250, the fee is $116; for any amount greater than $250 up to $1,000, the fee is $169; and for any amount greater than $1,000 up to $1,500, the fee is $174.  These fees are due at the time of filing and may be made by cash, credit card, personal check, money order, or cashier’s check.

 

After you file, the next step is to serve the defendant.  In the case of filing a claim against a business, the process depends on whether or not the business is incorporated.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble finding this information, you may contact the State Corporations Division of the Illinois Secretary of State Office.

 

The DuPage County Court System allows you to either execute personal service or service through registered mail on the defendant.  The DuPage County Clerk’s office will carry out service via mail for a fee of $15.  Alternatively, you may hire a process server to execute personal service on your behalf.  The only requirement is that the person who is delivering the papers to the defendant must be at least 18 years old. 

 

For additional information and legal assistance pertaining to the DuPage County small claims process, visit the Illinois Court System’s website.