Money & Debt

Worried about doing this on your own?  You may be able to get free legal help.

What to consider before filing a small claims case

Before you file a small claims case with the court, make sure that you can prove your case. You should know:

  • What the dispute is about,
  • When and where it took place,
  • How much money you want the other person to pay, and
  • Why you think the other person owes you that amount.

Other things to think about before you file are:

  • Whether the person will be able to pay you if you win the case, and 
  • Whether you can travel to court multiple times.

If you would like to see what small claims court is like, you can watch the court for a day. All small claim courts are open to the public. Go to Room 602 at the Richard J Daley Center, 50 W. Washington Street, Chicago, IL and inquire at the pro se filing desk.

Chance of success

There are several questions to ask yourself before starting a court case: 

  • Who are you filing a case against? Can they give you what you are asking for if you win the case?
  • Why are you filing a case? Do you have enough information to support your side?
  • How much time has passed since the issue happened? (You may not be able to file a case if it happened a while ago because of statutes of limitation.)
  • Do you know the current address of the person so you can serve a summons?

Costs of a court case

It costs time and money to file a case in court. Additionally, court cases may take several months up to several years to conclude. Court cases often include:

  • Fees to file the case, if you cannot get them waived ,
  • Lawyer fees (or your own time spent figuring out the court process and preparing the paperwork), and 
  • Time spent in court, which may be time you have to take off work.

Other options besides going to court 

There are other options besides going to court that cost less and are faster:

  • Settle: Come to an agreement with the other party on your own. You have more control of the outcome because a judge or jury is not making the final decision.
  • Mediation: Reach an agreement with the other party with the help of a neutral third party. A mediator does not decide what happens, but does help you reach an agreement that is documented in an agreement that both parties must follow.
Last full review by a subject matter expert
March 15, 2022
Last revised by staff
March 15, 2022

Comments & Ratings

Rate
No votes yet

Only logged-in users can post comments.  Please log in or register if you want to leave a comment.  We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

Worried about doing this on your own?  You may be able to get free legal help.