How do I file a case in small claims court?
A small claims court case begins with a party filing a document called the 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.
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.
Types of Small Claims Court Cases
Illinois restricts the types of cases that can be filed in small claims court to the following:
- breach of contract
- property damage
- personal injury cases
- repossession of personal property leased or purchased on credit
- garnishment actions brought against debtors
The most amount of money that a court can award in small claims court is $10,000 (plus court costs and fees).
Beginning a JoDaviess 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. 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. 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).
JoDaviess County Small Claims Court
Small claims court is a special type of civil court where a party can file a case for $10,000 or less. Small claims court in JoDaviess 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.
Small Claims Court Locations for JoDaviess County
Small Claims Court cases are heard at:Jo Daviess County Courthouse 330 North Bench Street Galena, IL 61036
The 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:330 North Bench Street Galena, Illinois 61036-1828
The clerk’s phone number for the court is: 815-777-0037
The clerk’s fax number for the court is: 815-776-9146
Does a JoDaviess County Small Claims Court Jury or Judge?
In JoDaviess County, a small claims trial may be in front of a jury or a judge. If you are seriously considering requesting a jury trial, it is recommended that you speak with and seek advice from an attorney before making that request. 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.
Who can sue 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). The court may require the appointment of a guardian for those parties under the age of 18. A corporation is not required to be represented by an attorney in small claims court. If a defendant is a corporate entity, only certain officers or members of the corporation are allowed to represent it.
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. Plaintiffs present their side of the case first. Defendants present their case once the plaintiffs have finished presenting its case. It is important to speak clearly and slowly so that the judge can understand you. 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).
Filing a Small Claims Case in JoDaviess County Court
In Illinois, a small claims court case must be filed in the county where one of the defendants live or in the county in which the incident or transaction took place. In the case of a traffic collision, it would be the county where the traffic collision occurred.
Small Claims Court Trial Preparation
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 witness refuses to come to court, you will need to prepare and serve a subpoena for the witness’s attendance.
Serving a Party in JoDaviess County Small Claims Court
After a complaint is filed in court, it needs to be served on the party. If the party is an individual, service is easy. 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. A plaintiff should visit the Illinois Secretary of State website to obtain the addresses for the corporate entity (and registered agents).
After your Small Claims Court Case
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.