Small claims court in Illinois

$10,000maximum claim in Small claims court (circuit court), as of 29 October 2026

The basics

Small claims limit: $10,000¹Ill. S. Ct. R. 281
A small claim is a tort or contract claim for money of up to $10,000, not counting interest and costs.
Court: Small claims court (circuit court)^2,1Ill. S. Ct. R. 281
Small claims are filed with the circuit clerk and heard in the circuit court of the county.
Filing fee: Varies by county ($94 or $264 in Madison County)^2,3
Filing fees are set by each county. Madison County charges $94 for claims up to $2,500 and $264 for claims over $2,500 up to $10,000. Since October 1, 2025, defendants pay no appearance fee in small claims cases.
Lawyers: Yes⁴Ill. S. Ct. R. 282(b)
Individuals may represent themselves or hire a lawyer. A corporation needs a lawyer to file a claim, but may defend a claim through an officer or manager.
Appeals: 30 days²
A notice of appeal must be filed with the circuit clerk within 30 days after final judgment, or after the ruling on a post trial motion. This is stated by the Madison County Circuit Clerk.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract: 10 years^5,6735 ILCS 5/13-206
10 years for written contracts, written leases and promissory notes.
Oral contract: 5 years⁶735 ILCS 5/13-205
5 years for unwritten contracts, express or implied.
Property damage: 5 years⁶735 ILCS 5/13-205
5 years for damage to real or personal property.
Personal injury: 2 years^7,6735 ILCS 5/13-202
2 years for personal injury.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

Illinois Supreme Court Rule 281, Definition of Small Claim, Illinois Supreme Court, 2022-01-01official
Small Claims Court, Madison County Circuit Clerk, Madison County Circuit Clerk, Illinoisofficial
Supreme Court Eliminates Fees in Minor Guardianship and Small Claims Cases, Illinois Supreme Court, 2025-04-16official
Illinois Supreme Court Rule 282, Commencement of Action and Representation of Corporations, Illinois Supreme Court, 2018-01-01official
735 ILCS 5/13-206, Ten year limitation, Illinois General Assemblyofficial
735 ILCS 5 Article XIII, Limitations (2025 Illinois Compiled Statutes), Justia (reproduction of state code text), 2025secondary
735 ILCS 5/13-202, Personal injury, false imprisonment, malicious prosecution, Illinois General Assemblyofficial

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.