| SMALL CLAIMS |
SMALL CLAIMS CASES
The most unusual of all practice areas is small claims. The common
misconception of small claims is that you don't need to be an attorney to handle
your own small claims case. Small claims cases in Illinois are not like Judge
Judy or The People's Court. The rules of evidence and trial procedures apply to
all small claims cases requiring the parties to know and follow these rules. What
makes small claims practice so unusual is that while the trial procedures are
identical to any other trial, the rules allowing the parties to gather information prior
to the trial are severely limited. Therefore, the parties enter the trial without
knowledge of which witnesses will be called by the opposing party, what
documents the opposing party will use, and what information the opposing party
will present to the judge.
Definition. Small claims case are all cases requesting one party pay another
party a sum of money under $10,000.00. Anyone seeking any remedy other than
a money award must file a civil case denoted a miscellaneous remedy.
Damages. The limit on the amount one party can be ordered to pay another party
is currently $10,000.00. This amount was increased recently from the limit of
$5,000.00.
Subject of small cases. These cases can cover any topic from rental property
damages to debt collection to contract disputes to disputes between former
roommates and people in dating relationships. The only remedy available in a
small claims case is a judgment under $10,000.00.
PROCEDURE
Forms. A party wishing to file a small claims lawsuit must file a Complaint. An
attorney can be very helpful in small claims cases as the attorney will draft the
necessary documents
Costs. The Circuit Clerk in the county in which the case is being brought will
determine the filing fee at the time the small claims complaint is filed as these
fees are frequently increased. (Winnebago County,Boone County, Ogle County,
Stephenson County). The party against which a complaint is filed
(Defendant/Respondent/responding party) is required to pay a filing fee to
participate in the small claims case.
Service. Service is the act of giving the lawsuit documents to the opposing party
by an individual who has been authorized to do so by Illinois law. The lawsuit
documents would be the small claims complaint and a summons. A summons
is the document that is used to record the "service" of the opposing party. Service
can be done through the Winnebago County Sheriff, Boone County Sheriff, Ogle
County Sheriff, and the Stephenson County Sheriff for a fee. However, proof of
service must be in the court file for the court to recognize that service was
completed. Until service has been completed, the small claims court will not
proceed with the case. An attorney will handle the entire service process.
First Court Date. When the small claims complaint is filed the circuit clerk will set
a court date usually called the "first return." Although each small claims judge
has his/her own procedure for handling small claims cases, the most common
procedure is to have both parties appear in court for the responding party
(defendant) to either admit or deny owing the sum of money requesting by the
party who filed the lawsuit (plaintiff). If the defendant admits a sum is owed, then
a judgment/award is entered for the amount requested by the plaintiff. If the
defendant denies owning money to the plaintiff, then a trial/hearing is set for the
judge to determine the liability of the defendant. However, some counties have a
trial on the first court date.
Before the trial. Discovery, the process of gathering information from the
opposing party to all the parties to know the relevant information prior to trial, is a
process used in civil and criminal case. However, such procedures are not
allowed in small claims cases without special permission of the presiding judge.
Defendant must pay his/her filing fee prior to the date of the trial to be allowed to
participate in the trial. Some judge require the responding party to pay the filing
fee no later than the day prior to the hearing. Some judges will allow the
responding party to pay the fee minutes prior to the case being heard.
Trial. A small claims trial in Illinois is procedurally the same as any other civil
trial in Illinois. The rules of evidence apply to all documents and photographs the
parties wish to present to the court. The hearsay rules apply so witnesses must
be present in court to testify. An attorney can prepare documents requiring a party
to be present in court for the trial. These documents are also helpful for
witnesses who need documentation to be excused from his/her job.
After the trial. Once an amount of money is ordered to be paid by the defendant,
called a judgment, the plaintiff must collect the money. The first step is to file a
Citation to Discover Assets which generally has an additional filing fee. If the
defendant fails to appear, a Rule to Show Cause can be issued. This document
must be "served" on the party by an authorized individual for a fee. If the
responding party fails to appear in court once the Rule to Show Cause has been
served, a warrant may issue for the arrest of the defendant. If the defendant does
appear in court, then a payment plan can be ordered. If the party fails to follow the
payment plan, a Rule to Show Cause can be issued and the same procedure
followed. A defendant's paycheck can be garnished if the proper documentation
is filed. The plaintiff will then receive 15% of the defendant's paycheck until the
judgment is paid in full.
Interest. By law, interest accrues on all judgment at the rate of 9% annually.
Therefore, it is in the best interest of the defendant to pay the judgment off as
quickly as possible. The interest on the judgment acts much like a credit card in
that interest will be charged on the previously accrued interest.
ATTORNEY
Benefits of an Attorney. It is usually in the best interest of both the plaintiff and
the defendant to obtain counsel. Although no party is required to hire an attorney
to file a small claims case, some judges have very little patiences for parties who
do not have an attorney and do not understand the proper procedures. The use
of an attorney for small claims cases is highly recommended as the attorney will
assure that the proper documents and procedures have been followed prior to
the trial. The attorney can assist in preparing witnesses for trial as well as
assuring the witnesses appear. An attorney will know the rules of evidence, the
rules of hearsay, and trial procedure.
Cost of an Attorney. Many attorneys have a flat rate for small claims cases rather
than an hourly rate. Be certain to discuss the exact services rendered for the fee
quote you are given and whether the filing fee and service fee are included. It is
best to sign a contract setting forth the details of the agreement to avoid any
confusion.
Attorney Angela Lund-Logan. Whether you are the plaintiff or the defendant,
Attorney Angela Lund-Logan will be a major asset to you in your small claims
lawsuit. Once you hire Angela Lund-Logan, she will handle the necessary
documentation and pay all fees so you won't have to worry. Angela Lund-Logan
charges a flat fee for small claims cases which include all fees.
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Website of the Law Office of Angela Lund-Logan |