HowToSue.org

As a general rule, it is easier, and less expensive, to sue in small claims court than in a regular state civil court. However, in Illinois, certain criteria must be met:

The suit must be for money only. You cannot sue to force someone to do or stop doing something, or to return property to you.

The amount of the suit must be $10,000 or less. If you are suing for less than $1,500, you may be able to have your case heard in Pro Se Court. In Pro Se Court, each party represents him or herself without an attorney, thus saving money. Also, corporations and minors cannot sue without a lawyer.

Although small claims court is thought of by many as the “people’s court,” all the laws and procedures of regular court still apply with all their complexities, so you still have to know and follow the rules.

You can sue in small claims court (and other courts) without a lawyer. This is known as “pro se.” However, the defendant may choose to be represented by a lawyer who will probably be eager to take advantage of your ignorance of the law.
If you want to sue in small claims court, be sure to do your homework.

For a case to succeed, you must be able to prove (1) that you were damaged by someone else’s actions, and (2) that they are legally liable. You’ll therefore need to collect all pertinent information. Remember, the judge will not rule on “fairness” or who seems to be in the right. Only hard, admissible evidence counts!

Before attempting to file a suit, go to the local courthouse and obtain all the information that they will provide. Court and other officials neither wish, nor are allowed, to provide legal advice, but they will usually provide informational brochures and may be willing to give you some information on costs, procedures, and so on. Take the materials home, study them carefully, and only proceed once you know what you are doing.

When in doubt, consult an attorney. Even if you are going to sue in Pro Se Court, you can get an attorney’s advice; however, the attorney cannot represent you in the actual courtroom.

One final word: remember to follow all procedures to the letter, including showing up at court. You may lose your rights if you’re not present. If you have a court date and can’t attend, be sure to find out in advance out to request a delay or “continuance.” Good luck!