Who Can File a Small Claims Case in Illinois

Who Illinois permits to file

Illinois allows a small claims case to be brought by:

• Any individual 18 years or older (a person under 18 must be represented by a lawyer)
• A corporation as claimant, assignee, subrogee, or counterclaimant ONLY if represented by counsel (Ill. S. Ct. Rule 282(b))
• A corporation defending as defendant may appear through an officer, director, manager, department manager, or supervisor without an attorney (Rule 282(b))

Whoever files has to be the person or entity that actually holds the claim. Suing in your own name over a debt owed to your company — or the reverse — is the kind of defect a defendant raises at the hearing.

In Illinois, if the claim is based on a written agreement, a copy must be attached to the claim form when you file.

Claim limit

$10,000

Court

Circuit Court

File online

Yes (statewide)

Appeal window

30 days

The three that catch people out

Can I sue as my LLC or company?

Illinois permits it, and the form needs the full registered legal name and address of the entity — not the trading name. Some courts also limit how a company may be represented at the hearing.

Can I sue on behalf of someone else?

Generally only the person who holds the claim may bring it. Otherwise you cannot file for a friend, a relative or a tenant — they file for themselves.

Do I need a lawyer?

No. Small claims exists so that people can represent themselves, and most attorneys will not take a case of this size. That is the whole design of the division.

Common questions

Who can file a small claims case in Illinois?

Any individual 18 years or older (a person under 18 must be represented by a lawyer); A corporation as claimant, assignee, subrogee, or counterclaimant ONLY if represented by counsel (Ill. S. Ct. Rule 282(b)); A corporation defending as defendant may appear through an officer, director, manager, department manager, or supervisor without an attorney (Rule 282(b)).

Can an LLC or corporation file small claims in Illinois?

Yes. The claim form requires the entity's full legal business name, address and phone.

Can I sue someone in Illinois if I live in another state?

Usually yes — what matters is that the court has jurisdiction over the defendant, which normally means suing where the defendant lives or where the dispute happened, not where you live.

Do I need a lawyer to file small claims in Illinois?

No. Circuit Court small claims is designed for self-representation.