Illinois Supreme Court Rules 281, 282, and 284 for Small Claims

Rule 281: What Qualifies as a Small Claim

Supreme Court Rule 281 defines the scope: civil actions seeking money damages of $10,000 or less, exclusive of interest and costs. Since January 1, 2022, tax collection claims are excluded — they were removed by amendment.

Rule 281 is the gateway. If your claim doesn't fit within its definition — you're seeking more than $10,000, or you want a non-monetary remedy — you file in a different division.

Rule 282: The Simplified Complaint

Rule 282 establishes two filing tracks:

Claims of $2,500 or less can use the simplified complaint form. It requires less detail than a standard complaint and is designed for straightforward disputes — a security deposit, an unpaid invoice, a small property damage claim.

Claims between $2,501 and $10,000 use the standard Small Claims Complaint form with a more detailed factual statement.

Rule 282(b) is the one that catches business owners off guard: corporations and LLCs filing as plaintiffs must hire a licensed attorney. They cannot file or prosecute a small claims case pro se. But here's the asymmetry — a corporation or LLC being sued as a defendant can appear and defend itself through an officer, director, or manager without counsel.

Individuals and sole proprietors face no such restriction. They can file and represent themselves throughout the process.

Rule 283: The Summons and Return Date

Rule 281 sets the return-date window at 40 to 61 days after issuance; Rule 283 governs the form of the summons. The defendant must appear or respond by the date shown on it.

Don't confuse the return date with the trial date. In many circuits, the return date is a status call or mediation session. The actual trial may be scheduled weeks later. Check your local circuit's procedures.

Rule 284: Certified Mail Service

Rule 284 provides a service option unique to small claims: the Circuit Clerk sends the summons and complaint to the defendant via certified mail, return receipt requested, restricted to the addressee. This is typically the cheapest way to serve a defendant.

How it works:

1. When you file, request clerk certified mail service
2. The clerk mails the summons to the defendant's address
3. The postal service attempts delivery and obtains a signature
4. The signed green card (PS Form 3811) comes back to the clerk as proof of service

If the defendant refuses certified mail or the address is wrong, service fails. You'll need to try again — either with an alias summons via certified mail to a corrected address, or by switching to sheriff service or a private process server.

Rule 286: The Hearing

Rule 286(b) gives judges authority to conduct informal hearings in small claims. They can relax formal rules of evidence, question parties and witnesses directly, and keep things conversational rather than adversarial.

This doesn't mean anything goes — you still need to bring real evidence (contracts, receipts, photos, witnesses). But you won't be objected out of the courtroom for not knowing the Federal Rules of Evidence.

Rule 287: Discovery Limits

Rule 287 severely limits pre-trial discovery. No depositions, interrogatories, or formal discovery requests are allowed unless the court grants specific permission on a written motion. For most small claims cases, this means you walk into the hearing with whatever evidence you've gathered on your own.

The Illinois Small Claims Filing Guide explains how each of these rules applies at every stage of your case, from filing through judgment.

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