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R. F. Wittmeyer, Ltd. - Attorneys at Law - A personal injury lawyer specializing in car accidents, plane crashes and wrongful death cases involving victims with brain, head or back injury. R. F. Wittmeyer, Ltd. - Attorneys at Law - A personal injury lawyer specializing in car accidents, plane crashes and wrongful death cases involving victims with brain, head or back injury.
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How To File A Small Claims Case Without A Lawyer

1. Complete a Complaint - Obtain a   Complaint Form from the Clerk's Office and insert the following information:

(a) The name of the Defendant;
(b) The residence address of the Defendant;
(c) The amount the Defendant owes;
(d) The basis for your claim against the Defendant; for example: The Defendant has failed to pay for the following goods and/or services rendered to him: ;
(e) Sign the Complaint; and
(f) Have your signature notarized

 

2. Complete a Summons - Obtain Summons form from Clerk's office and insert the following information where indicated on the form:

(a) Plaintiff(s) name(s);
(b) The name of the Defendant(s);
(c) The address where each Defendant can be served with the Summons and Complaint; and
(d) Your address and telephone number should be typed in the lower left hand corner in the spaces provided.

 

3. File the Complaint and have the Summons issued - Hand deliver to the Clerk of the Court, the original and two copies of the Complaint and the original and multiple copies of the Summons, for each Defendant. Once filed with the Court Clerk, keep one copy each of the filed Summons and Complaint for your records.

The Clerk's office will typically keep the original Complaint, stamp the copies with the number of the case and the date of filing, and return the copies to you. The Clerk's office will also typically issue the original Summons (by signing and stamping it) and return the Summons and copies to you. The Clerk's office will keep the original Complaint and a copy of the issued Summons for the Court file.

You should call the Clerk's office for your Court District to ascertain the fee that will be charged, especially when filing a Jury Demand. (There is a fee for a Jury Demand, based on whether the demand is for a six person or twelve person jury.)

4. Service of the Complaint - Call the Sheriff's office to ask the amount of the Sheriff's total fee to serve the Defendant(s). The total fee consists of a service fee (in Illinois, $23 per Defendant), and a mileage fee, which is based on the distance the Sheriff must travel to serve each Defendant.

Once the Summons has been issued by the Clerk you must take the issued Summons and Complaint to the Sheriff for service. Many Courts have an office for the Sheriff in the same building so you can conveniently take these copies directly to the Sheriff for service.

To check service, telephone the Sheriff's civil process department. If the Sheriff is unable to serve the Defendant(s) by the return date, the Summons "dies", and a new Summons needs to be issued. The new Summons should be labeled "Alias Summons". When the Alias Summons is issued, it can be placed with the Sheriff to attempt service again (especially if you have a different address), or you may want to ask the Court (by filing a motion) to have a Special Process Server appointed (a private process server).

5. Procedure after service - Once the Defendant is served, he is required to file his written appearance by the return date indicated on the Summons. If he has filed his appearance by that date, the case will be set for hearing, and you should receive a notice of the trial date from the Clerk. (If you don't, follow up with the Clerk.) If the Defendant does not file his appearance in time, you will typically be notified of this as well.

You will need to attend the trial and be prepared to present the evidence of your case. If you do not appear, your case will be dismissed.

  • Download complaint form in MS Word format
  • Download complaint form in RTF format

                                                                                                       

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Use our online consultation form or by e-mail.

                                                                              

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R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail:  rfw@injurylawattys.com

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