Service of a Warren County Small Claims Court Defendant
After filing the complaint, the plaintiff needs to arrange for it to be served. If the party is an individual, service is easy. But if the party is a corporate entity, it can be more difficult determining the correct procedure. Illinois allows for service of a corporate entity on the corporation’s office or registered agent. This information can be obtained online at the Illinois Secretary of State website.
Am I Able to Have an Attorney Represent Me in Small Claims Court?
You can represent yourself in small claims court or hire an attorney to represent you. But, corporate entities that are the plaintiffs are required to be represented by an attorney.
Beginning a Warren County 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. Demand letters are a written summary explaining the facts surrounding your case and why you are entitled to money (which should be drafted in a polite, clear, concise way). 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. If there is a chance you can resolve the case without filing in small claims court, it is a worthwhile step to take. Finally, a demand letter allows the plaintiff a chance to explain in clear words the facts surrounding the issue (which is something the plaintiff will have to do in the complaint which is filed with the court).
What Happens at a Small Claims Court Trial
At a trial in front of a judge, the court determines the facts of the case after listening to the evidence provided by both the plaintiff and defendant. The court will also listen to any witness testimony and exhibits (documents) provided by either side. The court will hear evidence from the plaintiff first. The defendant presents their case after the plaintiff has concluded their presentation. As the judge is deciding the facts of your case, it is required that you speak slowly and clearly so the judge can follow what you are saying. It is normal for all people to be nervous when speaking in public (let alone in front of a judge) so it may be helpful to practice talking about your case in front of another person (spouse, friend, neighbor).
Preparing for a Small Claims Court Hearing
The most important thing about preparing for your trial is the ability to explain your side of the case in a clear concise way to the judge (or jury) so they can understand. You should gather and bring anything that can support your side of the case including photographs, contracts, receipts, invoices, or other documents. It is recommended to prepare a short chronology of events or description of all of the facts surrounding your case. Details including dates, times, and values of damages or items purchased will be important for the court to take note of (and should have been included in your initial complaint if you are the plaintiff). Witnesses who support your side of the case should also be invited to court to provide testimony during the trial. It is important the witness is aware of the location of the court and the date and time of the trial in order to be able to appear in person. If the person refuses to come to court, you may need to take steps to issue a subpoena for them to attend.
Who hears my case in Warren County Small Claims Court
Warren County allows for a small claims court case to be either a bench (judge) or jury trial. 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. Also, if you are the party making the request for a jury trial, you will incur additional costs associated with the jury trial.
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.
What kind of cases are handled in small claims court?
Only the following types of cases can be filed in small claims court under Illinois law:
- breach of contract
- property damage
- personal injury
- eviction
- repossession of personal property leased or purchased on credit
- garnishment case against a debtor
The maximum judgment that can be allowed in small claims court is $10,000 (plus costs).
Small Claims Court Locations for Warren County
In Warren County, Small Claims Court cases are heard at:
Warren County Courthouse 100 West Broadway Monmouth, IL 61462The court’s website is here. The circuit court clerk takes care of all documents and files for court cases. The circuit clerk’s address is:
100 West Broadway Monmouth, Illinois 61462-1795 The clerk’s phone number for the court is: 309-734-5179
The clerk’s fax number for the court is: 309-734-4151
Who can be a plaintiff in small claims court?
Small claims court can be used by any resident of Illinois or Illinois corporation (both as a plaintiff or a defendant). If someone is under eighteen, the court may appoint a guardian to act on behalf of the minor. If a corporation sues in small claims court, they will need to 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 happens after the Small Claims Court Trial?
If the court finds for the plaintiff, the court is able to issue a judgment which awards monetary damages to the plaintiff. 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.
Small Claims Court Warren County
Filing a Small Claims Court Case
To begin a small claims case, the party needs to file a document with the court clerk called a complaint. A blank complaint can be obtained by contacting the court clerk’s office. The party filing the complaint is called the plaintiff. The party that the plaintiff is trying to recover money from is called the defendant.