Illinois Small Claims Court Limit and Filing Fees by County

The $10,000 Cap

Illinois small claims court handles civil cases seeking money damages of $10,000 or less. Interest and court costs are excluded from that ceiling — so a $9,500 debt plus $400 in accrued interest still qualifies.

The court can only award money. No injunctions, no specific performance orders, no property returns. If you need a contractor to actually finish the job rather than refund your deposit, small claims can't help.

What If Your Claim Is Over $10,000?

Two options. You can voluntarily waive the amount above $10,000 — accept $10,000 as your maximum recovery — and file in small claims. Or you can file in the Law Division or general civil docket for the full amount, which typically involves more formal procedures and higher costs.

You cannot split a single claim into two smaller lawsuits to stay under the cap. Courts treat this as claim splitting and will dismiss the second case under res judicata.

One wrinkle: if a defendant files a counterclaim exceeding $10,000, the entire case gets transferred to the general civil docket. The defendant pays the transfer fees.

Filing Fees Across Illinois Counties

Filing fees are set by county under the Clerks of Courts Act (705 ILCS 105/27.1b) and vary based on two factors: your claim amount and which county you're in.

Claims of $2,500 or less:

• Cook County: ~$90
• St. Clair County: ~$91
• McLean County: ~$107
• Peoria County: ~$114

Claims of $2,501–$10,000:

• St. Clair County: ~$266
• Cook County: ~$268
• Peoria County: ~$281
• McLean County: ~$282

One important note: defendants pay no appearance fee in small claims cases. That's a statutory rule under 705 ILCS 105/27.1b(k)(4), and it applies across all 102 Illinois counties.

Extra Costs Beyond the Filing Fee

The filing fee doesn't cover everything. Budget for:

• Service of process fees — certified mail through the clerk runs $2 plus postage in some counties, up to ~$27 in others. Sheriff service costs more. Private process servers charge their own rates.
• Jury demand fee — $12.50 for a 6-person jury, $25 for 12 (rarely requested in small claims, but available under Rule 285).
• Motion to vacate — free to $50 if filed within 30 days of judgment, $75 after that.
• Certified copies — needed for enforcement, fees vary by county.

Fee Waivers for Low-Income Filers

If you can't afford the filing fee, Illinois provides fee waivers under 735 ILCS 5/5-105 and Supreme Court Rule 298. Three categories:

• 100% waiver if you receive SSI, TANF, SNAP, or AABD
• 100% waiver if your household income is at or below 125% of federal poverty guidelines
• Partial waiver (25–75%) if your income falls between 125% and 200% of poverty guidelines

When you submit the fee waiver application, the Circuit Clerk must accept your complaint and summons immediately — they can't hold your filing pending the judge's decision on the waiver.

The Illinois Small Claims Filing Guide includes a cost tracker to help you budget total out-of-pocket expenses — filing fees, service costs, and certified copies — before you file.

See more Illinois guides →