What is the process of submitting a complaint in a small claims court case?
The process of submitting a complaint in a small claims court case in Illinois is relatively straightforward. First, you must file a complaint with the local court clerk. This complaint must accurately describe the nature of the dispute, including the amount of money involved. When submitting the complaint, you will need to provide proof of service, which means you must make sure the defendant receives a copy of the complaint. Once the complaint is received by the court, the clerk will issue a summons. This summons notifies the defendant that they are being sued and must respond to the complaint within a certain number of days. Once the defendant has been formally notified, they must generally appear in court on the designated date in order to present their defense. At the hearing, both parties must present evidence in order to make an argument for their case. This may or may not include witnesses. At the end of the hearing, the court will render a decision based on the evidence presented. The court may ask questions to each party in order to reach a suitable decision, and the judge will then issue a judgment. If the plaintiff wins, the court may order the defendant to pay damages or restitution. If the defendant wins, the case will be dismissed and the plaintiff will not receive any damages.
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