DuPage County Small Claims Court: Filing, Fees, and Local Procedures

Filing in the 18th Judicial Circuit

DuPage County operates within the 18th Judicial Circuit and hears small claims cases at the DuPage County Courthouse in Wheaton (505 N. County Farm Road). All small claims actions seeking $10,000 or less in money damages — the statewide cap under Illinois Supreme Court Rule 281 — are assigned to the Small Claims Division.

Like every other Illinois county, DuPage County requires electronic filing through the eFileIL portal. You cannot walk paper into the clerk's office unless you qualify for an exemption under Supreme Court Rule 9(d). An automatic exemption applies if a disability prevents e-filing or if you are self-represented and incarcerated. A self-represented nonlawyer may also claim an exemption for good cause, including lacking a home computer or internet access, limited technological literacy, no email, no credit card or bank account, language or literacy barriers, or an unsuccessful e-filing attempt when support or equipment is unavailable. File the certification for exemption; a good-cause exemption takes effect when filed. Emergency filings follow local procedures.

DuPage County Filing Fees

DuPage County's filing fees follow the statutory framework under 705 ILCS 105/27.1b, with rates set by county board resolution. Filing fees are tiered by claim amount:

• Claims of $2,500 or less — lower-tier filing fee (check the DuPage County Circuit Clerk's current fee schedule for the exact amount, as counties adjust rates periodically)
• Claims over $2,500 up to $10,000 — higher-tier filing fee

Under Illinois law, defendants entering an appearance in a small claims case pay no appearance fee. Restricted certified mail service through the clerk currently costs $26.48 per defendant under the DuPage County fee schedule.

If you cannot afford the filing fee, you can apply for a fee waiver under Supreme Court Rule 298. You qualify for a full waiver if you receive SSI, TANF, SNAP, or AABD, or if your household income is at or below 125% of the federal poverty guidelines. Partial waivers are available at income levels between 125% and 200% of the poverty guidelines.

Service of Process Options

Three methods are available for serving the defendant in DuPage County:

Clerk certified mail (Supreme Court Rule 284): The Circuit Clerk mails the summons and complaint via certified mail, return receipt requested, restricted to the addressee. This is the simplest and cheapest option.

Sheriff service: The DuPage County Sheriff's Office delivers the summons in person. You pay the sheriff's service fee plus mileage. This method is useful when the defendant is likely to refuse certified mail or when you need substituted service at the defendant's home.

Private process server: You can request a court order to appoint a private process server — any person over 18 who is not a party to the case. This option gives you more control over timing but adds cost.

Whichever method you choose, the defendant generally must be served at least 21 days before the return date under Supreme Court Rules 102 and 284, unless a local circuit rule provides otherwise. The return date is set 40 to 61 days after the summons is issued under Rule 283.

What to Expect After Filing

Once your complaint is filed and the defendant is served, the return date on the summons is your first court date. In DuPage County, the return date may be a status call (where the judge checks whether the case will be contested and schedules a trial date) or, for simpler matters, the actual hearing.

If the defendant does not appear on the return date and you have filed proof of valid service, you can request a default judgment. You will still need to present your damages evidence — either in a prove-up hearing or by sworn affidavit.

For contested cases, the judge conducts an informal bench trial under Supreme Court Rule 286. Formal evidence rules are relaxed, and the judge may question both parties and witnesses directly. Bring your organized evidence — contracts, invoices, receipts, photographs, and correspondence — and be prepared to walk the judge through your claim chronologically.

Getting Started

DuPage County follows the same statewide Supreme Court Rules as every other Illinois county, so the core process — demand letter, complaint, service, hearing — is consistent. The local differences are mainly in fee amounts and courthouse logistics.

Our Illinois Small Claims Filing Guide covers the full sequence with printable tools for tracking deadlines, service status, and evidence preparation — applicable in DuPage County and every other Illinois circuit.

See more Illinois guides →