Claims Between $.01 - $10,000.00
A Small Claim “SC” case number shall be assigned to “…a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs, or for the collection of taxes not in excess of that amount” (Supreme Court Rule 281).
This list of subcategories is not intended to be comprehensive: rather, it is intended to illustrate the kinds of actions that are to be filed under the Small Claim "SC" category.
• Contract (Up to $2,500.00)
• Contract ($2,500.01 to $10,000.00)
• Tort - Money Damages (Up to $2,500.00)
• Tort - Money Damages (2,500.00 to 10,000.00)
Question: How do I file a Small Claims “SC” case ($.01 – $10,000.00)?
Answer: Forms are available in the Self Help Center located in the Law Library on the third-floor of the courthouse or go to Small Claim Forms for a complete list of all available forms. Forms must be chosen to fit the litigant’s situation.
• Affidavit - Military Service (1 per Defendant)
• Complaint - Small Claims
• Summons - Small Claims (1 per Defendant)
Upon completion of the forms necessary for your case, you will need to efile your forms. Approved service providers may be found at http://Efile.illinoiscourts.gov/service-providers.htm. You may file with the provider of your choice; however, the Winnebago County Circuit Clerk's Office staff has been trained to assist with Odyssey eFileIL. Please note that you will first be required to register and set up a payment option. Fee due upon filing.
Upon review of your submitted filing, you will receive an email with your acceptance or rejection information. If you have opened a new case, you will then need to submit your summons to be issued via eFileIL. You will need one summons per party, and the filer will be responsible for having it correctly served. If you choose to use the Winnebago County Sheriff’s Office for service, you will need to select the appropriate fee in the Optional Services section of the efiling page.
The case will then be assigned the next appropriate First Return Court date or Case Management date.
It is the petitioner’s duty to follow the events of the case and appear for the court dates. Failure to do so may result in the case being dismissed.
Question: What do I do if I have been served with a summons?
Answer: Read the summons carefully and follow the instructions on the summons. If you wish to file an Answer and Appearance, you must download, complete, and efile the forms at http://Efile.illinoiscourts.gov/service-providers.htm.
There may be a fee due upon filing.
You must mail copies of the Answer and Appearance to the opposing party/attorney of record.
Pursuant to Illinois Statute (705 ILCS 110 / 1) the Circuit Clerk’s Office is unable to assist in the preparation of documents or give any legal advice.