Filing a Small Claims Case in Cumberland County Court
Illinois law requires a small claims court case to be filed in the county where one of the defendants live or in the county where the incident or transaction involved in the case occurred. For example, if the case involved property damage, the case could be filed in the county where the property is located.
What Types of Cases are handled in Cumberland County Small Claims Court?
Illinois restricts the types of cases that can be filed in small claims court to the following:
- breach of contract
- property damage
- personal injury
- repossession of personal property 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).
Cumberland County Small Claims Court
In Cumberland County, small claims court allows a plaintiff to bring a case if the amount is $10,000 or less. Small claims court in Cumberland County uses simpler rules and procedures than regular civil court which allows cases to be tried or resolved quicker and by people who are not attorneys.
Does a Judge or Jury hear my case in Cumberland County Small Claims Court?
In Illinois, a small claims court case can be heard in front of a judge or a jury. You are encouraged to consult with an attorney prior to requesting a jury trial. A jury trial (which can be in front of six or twelve jurors) is highly complex and requires significantly more preparation than a trial in front of a judge. Also, if you are the party making the request for a jury trial, you will incur additional costs associated with the jury trial.
Before Filing a Small Claims Court Case in Cumberland County
Prior to a party filing a case, you are encouraged to contact the defendant by drafting and 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. The demand letter is recommended because resolving a case through small claims court (even though quicker and simpler than a regular civil case) still takes time. 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).
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 useful to prepare a short chronology of the dates and times of the events in your case. The court will pay particular attention to details including times, dates, value of damages so it is critical to have these details noted and documented ahead of time (and even including them in your complaint). 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.
Cumberland County Small Claims Court Location
Small Claims Court cases are heard at:Cumberland County Courthouse P.O. Box 146 Toledo, IL 62468
The circuit court clerk takes care of all documents and files for court cases. The circuit clerk’s address is:
The clerk’s phone number for the court is: 217-849-3601
The clerk’s fax number for the court is: 217-849-2655
Who can Bring a Case in Cumberland 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). The court may require the appointment of a guardian for those parties under the age of 18. If a corporation sues in small claims court, they will need to be represented by an attorney. However, if a corporation is sued, it can be represented by certain officials at the company including an officer, manager, or registered agent.
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 through the court clerk’s office which is located inside of the courthouse. The party that files the complaint is called the plaintiff. The party being sued in the complaint is called the defendant.
Can I have an attorney represent me in Small Claims Court?
Plaintiffs and Defendants can either represent themselves or use an attorney. But, corporate entities that are the plaintiffs are required to be represented by an attorney.
What to Expect at a Cumberland 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 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 to be nervous when speaking in front of a judge, which is why we recommend that your practice talking about your case with another person before the actual trial.
What happens after the Small Claims Court Trial?
If the judge rules in favor of the plaintiff, the judge can issue an order or judgment awarding the plaintiff monetary damages. Either party is able to appeal the judgment issued by the court (which must be filed within thirty days of the judgment being entered by the court.
Service of a Cumberland County Small Claims Court Defendant
After a complaint is filed in court, it needs to be served on the party. Serving an individual is easy (if an address is known). 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. The Illinois Secretary of State website has additional information to allow you to search for addresses related to corporate entities and registered agents.