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.

Will County Circuit Court Local Rules 9.01 to 9.06 (Small Claims) apply to small claims cases in Will County.

In Will County small claims cases, the first appearance date is not a trial date. The summons must state:

"This case will not be tried on the date you are to appear. To avoid a default judgment, you must appear on the date and at the time shown above. You or your representative will then be told the date your case will be heard."

If a defendant who has been served does not show up 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, or 
• Provide sworn testimony.

Rules 9.01 to 9.06 cover:

• Using summons and complaint forms,
• When a default judgment or regular judgment is possible if the defendant fails to appear,
• Dismissing for want of prosecution if the plaintiff does not show up, and
• Which judge hears any post-trial motions.

Illinois 13th Judicial Circuit Local Rule 7.1 (Small Claims Action) applies to small claims cases in Bureau, Grundy, and LaSalle County. 

In Bureau, Grundy, and LaSalle County small claims cases, the first appearance date is not a trial date unless the court orders otherwise. 

If a defendant who has been served does not file an appearance or attend the first court date, the plaintiff can ask for immediate entry of default judgment. To get a default judgment, the plaintiff must:

• Have filed a verified complaint, or 
• Have filed an appropriate affidavit.

Rule 7.1 covers:

• Responding to the complaint and summons,
• When the defendant has to appear in court, 
• Dismissing for want of prosecution if the plaintiff does not show up,
• When a default judgment or regular judgment is possible if the defendant fails to appear,
• Setting a trial date, and
• What happens when a defendant wants a jury trial.

Kane County Circuit Court Local Rules 9.00 to 9.09 (Small Claims and Evictions) apply to small claims cases in Kane County. Read the local rules carefully when participating in a small claims case in Kane County. 

In Kane County, a defendant who wants to contest the claim must:

• File a written appearance on or before the return date, or ask the judge to grant more time to do so, and
• Attend court on the return date.

If a defendant who has been served does not 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, or 
• Provide sworn testimony and other evidence of damages.

Rules 9.00 to 9.09 cover:

• Using summons and complaint forms, including filing a copy of any written document on which the claim is based,
• Scheduling motions, return dates, and trials,
• Requesting a jury trial, including attending mandatory arbitration before the trial date,
• What needs to be included in a motion or order,
• When the defendant has to appear in court, including filing a written appearance,
• When a default judgment is possible if the defendant fails to appear,
• The deadline for discovery and adding counterclaims, cross-claims, or additional parties to the case,
• When a trial date can be rescheduled, and
• Filing returns of service, including what a plaintiff needs to do if they have failed to serve the defendant.

Illinois 17th Judicial Circuit Local Rule 2.09 (Court-Annexed Small Claims Mediation) and 2.13 (Mandatory Arbitration for Small Claims Actions with Jury Demands) apply to small claims cases in Boone and Winnebago County.

All small claims and cases filed by self-represented people in Boone and Winnebago 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.

Rules 2.09 and 2.13 cover:

• When a case is eligible for small claims mediation,
• The mediation process, including assigning a mediator, and
• Sending small claims cases to arbitration when a jury trial is requested.

DuPage County Circuit Court Local Rules 14.55 to 14.66 (Court-Ordered Mediation for Small Claims Cases) and 16.01 to 16.04 (Small Claims) apply to small claims cases in DuPage County.

In DuPage County, the judge may refer small claims cases to mediation. Mediation is typically held over Zoom. 

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, or 
• Provide sworn testimony and other evidence of damages.

Rules 14.55 to 14.66 (Court-Ordered Mediation for Small Claims Cases) cover:

• When a case is eligible for mediation,
• The mediation process, including assigning a mediator,
• Appearing in court after mediation at a post-mediation conference status date, and
• When a default judgment or dismissal of the case is possible if a party does not show up at the post-mediation conference status date.

Rules 16.01 to 16.04 (Small Claims) cover:

• Using summons and complaint forms,
• When a default judgment or regular judgment is possible if a defendant fails to appear,
• Dismissing for want of prosecution if the plaintiff does not show up to court or pursue service on the defendant within 180 days of filing (the diligence period),
• Setting a trial date, and
• Requesting a jury trial, including attending mandatory arbitration before the trial date.

Lake County Circuit Court Local Rules 3-1.01 to 3-1.09 (Small Claims) apply to small claims cases in Lake County.

In Lake County, the first appearance date is not a trial date unless the court orders otherwise. The judge may refer the case to mediation. Depending on availability, mediation can take place immediately or be scheduled for another 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.

Rules 3-1.01 to 3-1.09 cover:

• Using summons and complaint forms, including filing a copy of any written document on which the claim is based,
• When a default judgment or regular judgment is possible if a defendant fails to appear,
• Dismissing for want of prosecution if the plaintiff does not show up to court or a case is inactive for more than 45 days,
• When a case is eligible for mediation,
• Setting a trial date,
• Requesting a jury trial, including attending mandatory arbitration before the trial date, and
• How to file supplemental proceedings to enforce a money judgment.

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

In Kankakee 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.

McHenry County Circuit Court Local Rules 7.01 to 7.08 (Small Claims) and 20.06 (Small Claims Mediation Program) apply to small claims cases in McHenry County.

In McHenry County, the first appearance date is not a trial date unless the court orders otherwise. The summons must state:

If you wish to contest this claim, you must do the following: Pay the statutory appearance fee and file a written appearance (forms may be obtained at the office of the Clerk of the Circuit Court) on or before the day and time specified above for your appearance, hereinafter called the return day. You must mail or otherwise deliver to the opposing party a copy of your appearance. Then on the return day, the sitting judge shall, in open court, set a time and date for trial. Each party is responsible for learning the time and date of the trial. If you do not wish to contest this claim, you need not appear in person or file a written appearance, and a judgment will be entered against you on the return day for the amount claimed by the plaintiff in the complaint plus court costs. 

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.

Rules 7.01 to 7.08 (Small Claims) cover:

• Using summons and complaint forms, including filing a copy of any written document on which the claim is based,
• Responding to the complaint and summons, including filing an appearance or going to court on the return date,
• Setting a trial date,
• When a default judgment or regular judgment is possible if a defendant fails to appear,
• When a case is eligible for voluntary mediation,
• Requesting a jury trial, including attending mandatory arbitration before the trial date,
• Dismissing for want of prosecution when a case is inactive for more than 90 days.

Rule 20.06 (Small Claims Mediation Program) covers:

• When a case is eligible for voluntary mediation, and
• The mediation process, including assigning a mediator.

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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.