SMALL CLAIMS COMPLAINT

(Illinois – Circuit Court, Small Claims Division)

[// GUIDANCE: This template is drafted for use in ALL Illinois Circuit Courts. Replace the county, party names, amounts, dates, and factual allegations with case-specific information. Review local court rules for formatting (e.g., Cook County Municipal Department requires additional captions).]

I. DOCUMENT HEADER

IN THE CIRCUIT COURT OF THE [COUNTY] COUNTY, ILLINOIS
SMALL CLAIMS DIVISION

Case No.: _____

Plaintiff: [PLAINTIFF LEGAL NAME], an [individual/corporation/LLC],
Address: [STREET, CITY, STATE, ZIP],
Telephone: [PHONE],
E-mail: [EMAIL].

v.

Defendant: [DEFENDANT LEGAL NAME], an [individual/corporation/LLC],
Address: [STREET, CITY, STATE, ZIP],
Telephone: [PHONE],
E-mail: [EMAIL].

SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES

Amount Claimed: $[SPECIFY] (does not exceed the Illinois small-claims jurisdictional limit of $10,000)

Date Filed: _ / _ / 20___

II. DEFINITIONS

The following capitalized terms shall have the meanings set forth below when used in this Complaint:

1. “Plaintiff” means [PLAINTIFF LEGAL NAME] and includes its successors and assigns.
2. “Defendant” means [DEFENDANT LEGAL NAME] and includes its successors and assigns.
3. “Agreement” means the contract, invoice, or other understanding dated [DATE] that forms the basis of this action.
4. “Damages” means all amounts sought herein, including principal, court costs, and such other relief as the Court deems just.

[// GUIDANCE: Definitions are optional in small claims but aid consistency, especially where multiple contracts or parties are involved.]

III. OPERATIVE ALLEGATIONS

1. Jurisdiction & Venue
   a. This action is brought pursuant to Illinois small-claims procedure (amount in controversy ≤ $10,000).
   b. Venue is proper in this Court because the cause of action arose in [COUNTY] County and/or Defendant resides or does business here.

2. Parties
   a. Plaintiff is a resident of, or entity organized under the laws of, the State of Illinois with its principal place of business at the address stated above.
   b. Defendant is a resident of, or entity conducting business in, Illinois and may be served at the address stated above.

3. Underlying Transaction
   a. On or about [DATE], Plaintiff and Defendant entered into the Agreement whereby Defendant agreed to [describe goods/services].
   b. Plaintiff fully performed all obligations under the Agreement, including [delivery/performance details].
   c. Defendant breached the Agreement by failing to [pay/perform] as required, despite due demand.

4. Damages
   a. As a direct and proximate result of Defendant’s breach, Plaintiff has been damaged in the principal amount of $[AMOUNT], plus:
   i. Court costs;
   ii. Pre- and post-judgment interest as allowed by law; and
   iii. Any other relief the Court deems just and proper.

5. Conditions Precedent & Notice
   All conditions precedent to Plaintiff’s right to recover have occurred or have been performed. Plaintiff provided written demand for payment on [DATE], more than [__] days before filing this Complaint.

IV. REPRESENTATIONS & WARRANTIES (ALLEGATIONS)

6. Plaintiff alleges and is prepared to prove at trial:
   a. Plaintiff possessed the contractual and legal capacity to enter into the Agreement.
   b. Plaintiff tendered performance free of material defect.
   c. Defendant accepted the benefit of Plaintiff’s performance without objection.

[// GUIDANCE: These allegations help establish entitlement to damages and foreclose affirmative defenses such as lack of capacity or defective performance.]

V. COVENANTS & ONGOING DUTIES

7. Plaintiff remains ready, willing, and able to perform any remaining obligations, if any. Plaintiff demands that Defendant immediately remit all unpaid amounts.

VI. DEFAULT & REMEDIES

8. Defendant’s non-payment constitutes a material breach and default under the Agreement.
9. Plaintiff seeks all remedies available under Illinois law, including entry of judgment, issuance of a wage or bank garnishment, and any other enforcement mechanism authorized by statute.

VII. RISK ALLOCATION

10. Pursuant to the Illinois small-claims monetary cap, Plaintiff does not seek punitive damages, attorneys’ fees, or injunctive relief unless otherwise authorized by statute or agreed in writing.

VIII. DISPUTE RESOLUTION

11. Governing Law: This action is governed exclusively by the laws of the State of Illinois.
12. Forum Selection: The parties consent to the exclusive jurisdiction of this Small Claims Division.
13. Arbitration: Not applicable.
14. Jury Waiver: Jury trial is unavailable in small-claims proceedings unless transferred to another docket by order of court.

IX. GENERAL PROVISIONS

15. Plaintiff reserves the right to amend this Complaint to conform to the evidence or to add additional claims or parties as justice requires.
16. Any appeal from a judgment in this matter must be filed within the time limits and in the manner prescribed by Illinois statute and Supreme Court Rules (trial de novo in the Circuit Court’s Law Division).

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Principal damages of $[AMOUNT];
B. Court costs in the amount taxed by the Clerk;
C. Pre-judgment interest from [DATE] at the statutory rate;
D. Post-judgment interest as allowed by law; and
E. Such other and further relief as the Court deems just and equitable.

XI. VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn on oath, state that I am the Plaintiff (or an authorized representative of Plaintiff) in the above-captioned matter; I have read the foregoing Complaint; and the statements contained herein are true and correct to the best of my knowledge, information, and belief. I understand that any willful false statement may subject me to penalties of perjury under 735 ILCS 5/1-109.

Date: _ / _ / 20___

[PLAINTIFF NAME]
Title (if entity): ____

XII. CERTIFICATE OF SERVICE

I certify that on _ / _ / 20___, I caused a copy of this Small Claims Complaint to be served upon Defendant by:

☐ Certified U.S. Mail, return receipt requested
☐ Sheriff/Process Server
☐ Hand Delivery
☐ Other: _____

to the address set forth above.

[NAME], [Title/Relationship to Plaintiff]

XIII. SIGNATURE BLOCK

Submitted by:

[LAW FIRM NAME, if any]
By: _____
[ATTORNEY NAME] (#ARDC _)
Address: ____
Telephone: ____
E-mail: ____

Attorney for Plaintiff

[// GUIDANCE: Self-represented litigants should omit attorney information and instead provide pro se contact details.]