Dinero y deudas

Yes, Illinois Supreme Court Rules 281-289 apply to all small claims cases in Illinois. Learn more about Small claims court rules.

Illinois 1st Judicial Circuit Local Rules 3.1 to 3.2 (Small Claims Procedure) apply to small claims cases in Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline, Union, and Williamson County.

In the 1st Judicial Circuit, the first appearance date is not a trial date unless the court orders otherwise. The summons must include the entire text of Rule 3.1. 

If a defendant who has been served does not file an appearance or show up to court on the return date, the plaintiff can ask for immediate entry of default judgment. The plaintiff may have to prove the amount they are owed unless the defendant had already agreed in writing to pay the plaintiff a specific amount for breaking a written contract. An agreement to pay a specific amount for breaking a contract may also be called liquidated damages.

If both parties are present on the appearance date, the judge will hold an informal conference to help the parties reach a settlement. When the parties are unable to reach an agreement:

• The judge can set it for the next available trial date, or
• If both parties are ready for trial, no jury is requested, and the judge has time, the judge can try the case immediately.

Rules 3.1 to 3.2 cover:

• Using summons forms,
• When a default judgment is possible if a defendant fails to appear,
• Dismissing the case if the plaintiff fails to appear on the appearance date, and
• Setting a trial date.

Illinois 2nd Judicial Circuit Local Rule 15 (Small Claims) applies to small claims cases in Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Lawrence, Richland, Wabash, Wayne, and White County.

In the 2nd Judicial Circuit, the first appearance date is not a trial date unless the court orders otherwise. 

Defendants in small claims cases in the 2nd Judicial Circuit must file an appearance on or before the return day to avoid default judgment. If a defendant who has been served does not file an appearance or show up to court on the return date, the plaintiff can ask for immediate entry of default judgment. To get a default judgment, the plaintiff must:

• Have filed a verified complaint,
• Have filed an appropriate affidavit, and
• Prove the amount they are owed at the hearing, unless the defendant had already agreed in writing to pay the plaintiff a specific amount for breaking a written contract (also called liquidated damages).

If both parties are present on the appearance date and are ready for trial, the case will be tried on the same day. When a party is present but not ready for trial, the judge will set the trial date. The trial date will not be continued again unless a party can show good cause to do so.

Rule 15 covers:

• Setting a trial date,
• When a default judgment is possible if a defendant fails to file an appearance on or before the return date,
• Dismissing or rescheduling the case if the plaintiff fails to appear on the appearance date,
• Dismissing the case for want of prosecution if both parties fail to appear on the appearance date, and
• When a plaintiff must make proof of damages before a judgment is entered.

Illinois 4th Judicial Circuit Local Rules 9-1 to 9-11 (Small Claims) apply to small claims cases in Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, and Shelby County.

In the 4th Judicial Circuit, the first appearance date is not a trial date unless the court orders otherwise. The circuit court clerk must provide a copy of Rule 9 with each summons. Rules 9-8 and 9-10(b) and (c) must be highlighted or in bold type.

At the first hearing, the plaintiff can ask for immediate entry of default judgment against a defendant who has been served if the defendant did not:

• File a written motion or answer,
• Notify the Circuit Clerk in writing at least 5 days before the first court date that they plan to contest the complaint, or
• Show up to court on the return date and admit or deny the allegations in the complaint.

The judge can decide to enter default judgment immediately or require the plaintiff to present evidence at a prove-up hearing on another date.

If both parties are present on the return date, the judge will hold an informal conference to help the parties reach a settlement. When the parties are unable to reach an agreement:

• The judge can set it for the next available trial date, or
• If both parties are ready for trial and the judge has time, the judge can try the case immediately.

Rules 9-1 to 9-11 cover:

• Using summons and complaint forms,
• Complying with verification and affidavit rules,
• The three acceptable methods for the defendant to respond to the complaint and summons,
• Setting a trial date,
• Solicitar un juicio con jurado.
• Entering a default judgment if the defendant does not comply with the three allowed methods of responding,
• Dismissing for want of prosecution if the plaintiff fails to appear on the return date, and
• When a default judgment can be entered if the claim is not contested.

Illinois 5th Judicial Circuit Local Rule 9 (Small Claim Actions) applies to small claims cases in Clark, Coles, Cumberland, Edgar, and Vermilion County.

In the 5th Judicial Circuit, the first appearance date is not a trial date unless the court orders otherwise. Both parties must appear in court on the return date, even though the case will not be tried that day. If a defendant who has been served does not file an appearance or show up to court on the return date, the plaintiff can ask for immediate entry of default judgment.

At the first hearing, if the defendant contests the claim, the judge will set the case for trial. The defendant may be ordered to pay the appearance fee by a specific date. The judge can waive or postpone the appearance fee if the defendant shows good cause to do so.

Rule 9 covers:

• notificación de citación de demanda
• Dismissing a case without prejudice if the defendant has not been served within 6 months of filing the complaint,
• When a default judgment is possible if a defendant fails to appear,
• Setting a trial date,
• Dismissing a case without prejudice if it is inactive for 180 days, and
• How long a case can be kept under advisement.

Illinois 6th Judicial Circuit Local Rules 3.1 to 3.5 (Small Claims Cases) apply to small claims cases in Champaign, DeWitt, Douglas, Macon, Moultrie, and Piatt County.

In the 6th Judicial Circuit, the first appearance date is not a trial date unless the court orders otherwise. The circuit court clerk's office must provide a copy of the local small claims rules with each summons.

At the first hearing, the plaintiff can ask for immediate entry of default judgment against a defendant who has been served if the defendant did not:

• File a written motion or answer,
• Notify the Circuit Clerk in writing at least 7 days before the first court date that they plan to contest the complaint, or
• Show up to court on the return date and admit or deny the allegations in the complaint.

If both parties appear, the judge can set the case for:

• juicio
• Informal hearing, or
• Docket call and pretrial conference before the trial date.

Rules 3.1 to 3.5 cover:

• Three acceptable methods for the defendant to respond to the complaint and summons,
• Entering a default judgment if the defendant does not comply with the three allowed methods of responding,
• Setting a trial or hearing date, and
• Solicitar un juicio con jurado.

Illinois 9th Judicial Circuit Local Rules 8.05 to 8.25 (Small Claims) apply to small claims cases in Fulton, Hancock, Henderson, Knox, McDonough, and Warren County.

In the 9th Judicial Circuit, the return date is not a trial date unless:

• The parties are both ready, and 
• The judge has enough time.

If a defendant who has been served does not file an appearance or show up to court on the return date, the plaintiff can ask for immediate entry of default judgment. The judge can decide to enter default judgment immediately or require the plaintiff to present evidence at a prove-up hearing on another date.

When both parties appear on the return date, and the defendant contests the claim, the judge can hold an informal pre-trial conference to encourage settlement. If the parties do not reach an agreement, the judge can set it for trial on the same day or on another trial date.

Rules 8.05 to 8.25 cover:

• Using summons and complaint forms, including filing a copy of any written document on which the claim is based,
• Complying with verification and affidavit rules,
• Dismissing for want of prosecution if the plaintiff does not show up to court or a case is inactive for more than 180 days,
• When a default judgment or regular judgment is possible if a defendant fails to appear, and
• Requirements for plaintiffs who win their case to file a Motion for Recovery if they want the defendant to pay any costs other than filing or service of summons fees.

Illinois 11th Judicial Circuit Local Rule 109 (Court-Annexed Small Claims Mediation) applies to small claims cases filed by self-represented people in McLean County. 

All small claims and arbitration cases filed by self-represented people in McLean County are eligible for same-day mediation on the first court date if both parties:

• Attend court on the return date,
• Agree to mediate the dispute, 
• Participate in the mediation session, and
• Do not have an order of protection against each other. 

If there is an order of protection between the parties, mediation cannot be held unless the judge looks into the situation.  Mediation can also be scheduled at any time during the case if both parties agree to mediate.

Discovery is not available before the mediation. If the parties reach an agreement during mediation, they submit an agreed order to the judge for approval. If no agreement is reached during mediation or a party does not complete mediation, the mediator notifies the judge that the mediation ended. The judge then sets the case for trial.

The mediation program relies on volunteers who are not paid for their work. Rule 109 also includes details on mediator qualifications and certification, conflicts of interest, and what to do if a mediator is disqualified.

St. Clair County Circuit Court Local Rules 14.01 to 14.04 (Small Claims) apply to small claims cases in St. Clair County.

Rules 14.01 to 14.04 cover:

• Paying filing fees,
• Dismissing the case without prejudice if the defendant has not been served within 6 months of the first appearance date,
• Setting court dates, and
• When default judgment or dismissal for want of prosecution is possible.

Illinois 21st Judicial Circuit Local Rule 5.1 (Small Claims) applies to small claims cases in Kankakee and Iroquois County. 

In Iroquois County, the first appearance date is not a trial date unless the court orders otherwise. The plaintiff can ask for immediate entry of default judgment against a defendant who has been served at the first hearing if the defendant did not:

• Presentar una comparecencia,
• Notify the Circuit Clerk in writing at least 7 days before the first court date that they plan to contest the complaint, 
• File an appearance, or
• Show up to court on the return date.

Rule 5.1 covers:

• The three acceptable methods for the defendant to respond to the complaint and summons,
• Entering default judgment if the defendant does not comply with the three allowed methods of responding,
• Setting a trial date, and
• What happens when a defendant wants a jury.

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Illinois Supreme Court Rules 281-289 apply to all small claims cases in Illinois. Check the court’s website or ask the circuit court clerk’s office where the case is being heard for copies of local rules, general orders, and standing orders.