How Do I Take Someone to Small Claims Court in Chicago?
- 1). Visit the Clerk's Office located at the Richard J. Daley Center, 50 West Washington, Room 602, Chicago, to speak with a clerk. Explain your case and the amount that you seek. The clerk will determine which court will serve you better. Usually if your claim is less than $1,500, you will be directed to the Pro Se Court. However, anything more than that can be tried at the Circuit Court of Cook County.
- 2). Complete the documents to start the filing process. In Chicago, to file a small claim you must first file a "complaint." The complaint will include your information, the defendant's name, address, phone number, a description of why you are suing them, and how much money you would like to recover. You can also include the court costs in your complaint. The "subpoena" is the next set of documents you will need to complete. The subpoena is a legal document, which lets the defendant know that they have to appear in court.
- 3). Pay the fees to the Clerk's Office. The amount of the filing fee depends on the amount of your claim. The fee is no more than $344.00. Make copies of the complaint order and the subpoena and request that the documents be serve to the party by a Cook County sheriff. This ensures that the documents are delivered to the right person.
- 4). Check the receipt of your subpoena by contacting the clerk of the court at the Daley Center 312-346-3278. The defendant is required by law to send a copy of his or her intent to appear in court to any other defendant, the plaintiff and any applicable attorneys. If the appearance has not been filed with the court three days before the court date, continue to prepare for your case. If the defendant does not show up, the judge at that time can enter a default judgment in your favor.