After the Small Claims Court Hearing
If the court rules in favor of the plaintiff, it will issue a judgment of monetary damages. Illinois law requires that either party wishing to appeal the judgment in small claims court needs to be filed the appeal within thirty days of the date the judgment is entered by the court.
How to Prepare for a Small Claims Court Trial
The key to preparing a case for trial is to be able to explain your side of the case in a way that is easy for the judge (or jury) to understand. You should gather and bring anything that can support your side of the case including photographs, contracts, receipts, invoices, or other documents. Preparing a short chronology of the events in your case is helpful. Dates, times, and monetary values are extremely important details for the court to take note of. You should also take steps to secure the attendance of any witnesses that have information to help your case. Ensure the witness is aware of the exact date, time, and location of your small claims court case. If the person refuses to come to court, you may need to take steps to issue a subpoena for them to attend.
What to Expect at a Fayette County Small Claims Court Trial
In a court trial, the judge will decide the facts of your case and will listen to the evidence provided by the plaintiff and the defendant. The court will also listen to any witness testimony and exhibits (documents) provided by either side. Plaintiffs present their side of the case first. The defendant puts on its side of the case once the plaintiff has finished. It is imperative that you speak slowly and clearly for the judge to be able to understand your side of the case. Normally, people will naturally be inclined to be nervous when speaking in public (and in front of a court), so it is recommended you practice discussing your side of the case in front of another person (spouse, relative, neighbor, friend) so you get more comfortable speaking about it.
Who can Bring a Case in Fayette County Small Claims Court?
An Illinois corporation or any resident in Illinois can use small claims court to file a claim (and be sued as well). If an individual is under the age of majority (18), the court may appoint a guardian. The court does require that any corporation acting as a plaintiff in small claims court be represented by an attorney. If a defendant is a corporate entity, only certain officers or members of the corporation are allowed to represent it.
What kind of cases are handled in small claims court?
In Illinois, only certain types of cases are handled in small claims court:
- breach of contract
- property damage
- personal injury
- evictions
- repossessions of personal property that was leased or purchased on credit
- garnishment actions brought against debtors
A small claims court can only award a party $10,000 (plus court costs and fees).
Locations for Small Claims Court in Fayette County
In Fayette County, Small Claims Court cases are heard at:
Fayette County Courthouse 221 South 7th Street Vandalia, IL 62471The circuit court clerk takes care of all documents and files for court cases. The circuit clerk’s address is:
221 South 7th Street Vandalia, Illinois 62471-2755 The clerk’s phone number for the court is: 618-283-5009
The clerk’s fax number for the court is: 618-283-4490
Is an Attorney Able to Represent Me in Small Claims Court?
Both plaintiffs and defendants are allowed to be represented by attorneys in small claims court or you can represent yourself. But, corporate entities that are the plaintiffs are required to be represented by an attorney.
Before Filing a Small Claims Court Case
Before a party files a case in small claims court, it is recommended to contact the party directly by sending a demand letter. A demand letter is a written summary describing the circumstances of the plaintiff’s claim and explains why the plaintiff should be awarded the money. A demand letter is ideal because it takes time for a case to make its way through the courts toward a resolution. Also, collecting funds after prevailing in court can take more time and is not guaranteed. Drafting and sending a demand letter allows for both parties to explore the possibility of a settlement even before a case is filed. Additionally, putting down your case in clear words is something a plaintiff will have to do anyways when a complaint is filed (and certainly done in preparation for the trial).
Does a Judge or Jury hear my case in Fayette County Small Claims Court?
In Fayette County, a small claims trial may be in front of a jury or a judge. It is highly recommended that a party consult with an attorney before asking for a jury trial. Jury trials (in front of six or twelve people) are much more complex than a bench trial (trial in front of a judge) and require more preparation. Additionally, a jury trial costs additional money for the party requesting it.
Small Claims Court in Fayette County
How do I file a case in small claims court?
The plaintiff needs to file a document called a complaint with the court clerk. A blank complaint can be obtained by contacting the court clerk’s office. The party that files the complaint is called the plaintiff. The party being sued in the complaint is called the defendant.
What County Should a Small Claims Court Case be filed in?
The law in Illinois mandates that a case be filed in the county where (1.) one of the defendants live or (2.) the county where the incident or transaction involved in the case occurred. In the case of a traffic collision, it would be the county where the traffic collision occurred.
Service of a Fayette County Small Claims Court Defendant
After filing the complaint, the plaintiff needs to arrange for it to be served. An individual can be served at their address. Service of a corporate entity can be slightly more complex. In Illinois, a corporation can be served on either an office of the corporation or its registered agent. This information can be obtained online at the Illinois Secretary of State website.