Illinois Small Claims Court Fees: Filing and Counterclaim Costs by County

What You'll Actually Pay

Illinois doesn't have one flat fee for small claims. County boards set their own schedules within the caps established by the Clerks of Courts Act (705 ILCS 105/27.1b), and amounts vary significantly depending on your county, the claim size, and whether you're the plaintiff or defendant.

Here's a breakdown across several representative counties:

Defendants do not pay an appearance fee in Illinois small-claims cases. The Illinois Supreme Court eliminated that fee statewide effective October 1, 2025. Counterclaims have a separate filing fee based on the claim amount.

If you've been sued, there is no appearance fee to participate in a small-claims case. A counterclaim is a separate filing and carries the county filing fee for that claim amount.

Filing a counterclaim has its own cost: the county's filing fee for a new claim of that amount.

Fee Waivers Under 735 ILCS 5/5-105

If you can't afford the fees, Illinois law provides two tiers of relief through the Application for Waiver of Court Fees:

• Full waiver (100%): Granted if you receive means-tested public assistance (SSI, SNAP, TANF, AABD, General Assistance) or if your household income is at or below 125% of the federal poverty guidelines.
• Partial waiver (sliding scale): 75% waiver for income between 125%–150% FPL, 50% for 150%–175% FPL, and 25% for 175%–200% FPL.

The court must rule on your application within 30 days. If it's denied, you get a 14-day grace period to pay. The application itself doesn't stay trial proceedings — your case keeps moving while the court decides.

If you file a fee-bearing paper, such as a counterclaim, you can submit the waiver application alongside it through eFileIL. The clerk conditionally accepts the filing, preserving your filing date even while the waiver is pending.

Hidden Costs Defendants Forget

Even without an appearance fee, a few other expenses to budget for:

• Witness subpoena fees: $20 per day per witness plus $0.20 per mile for travel, required by 705 ILCS 35/4.3. A subpoena is unenforceable without this tender.
• Certified copies: If you need certified copies of court orders or judgments, each costs $6–$10 depending on the county.
• eFileIL service fees: At least one Electronic Filing Service Provider offers e-filing with no added provider fee; optional services or credit card and eCheck processing may cost extra.
• Service of process: If you file a counterclaim, you'll need to serve the plaintiff. Sheriff service runs $30–$75; a private process server charges $50–$150.

Small-Claims Appearance Fees

Defendants do not pay an appearance fee in Illinois small-claims cases. The Illinois Supreme Court eliminated this fee statewide effective October 1, 2025; mediation is not needed to avoid it.

What Fees Don't Cover

Court fees don't include attorney's fees. If you decide to hire a lawyer, limited-scope representation in Illinois starts around $150–$300 per hour. For a claim under $2,000, attorney costs often exceed the amount in dispute — which is one reason many defendants handle small claims themselves.

The Illinois Small Claims Response Guide walks you through the full process step by step, from verifying your summons to preparing your evidence binder for a Rule 286 hearing.

Verifying Your County's Current Fees

Fee schedules change when the legislature updates the Clerks of Courts Act — Public Act 104-468 amended fee caps effective July 1, 2026. Before filing anything, verify the current schedule directly with your Circuit Court Clerk. The statewide court directory at illinoiscourts.gov lists contact information for every county clerk's office.

Don't rely on third-party websites or PDFs that may reflect outdated schedules. A five-minute call to the clerk's office confirms the exact amount and accepted payment methods.

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