What are Illinois Small Claims Cases and Class Action Lawsuits?

In Illinois, small claims cases are civil action cases based upon breach of contract or legal duties, with the aggrieved party seeking $10,000 or less. Small claim cases are guided by the Illinois Supreme Court’s Rules and aid the resolution of strife or collection of debt using simplified procedures in contrast to other forms of lawsuits. Small claims trials take place in a small claims court, and under the jurisdiction of the Clerks of Courts Act (705 ILCS 105), plaintiffs may not have legal counsel or representation unless the complainant is a corporation. Under the Illinois statutes, all individuals are allowed to file small claims cases.

Class action lawsuits are generally cases or claims brought by a group of people and led by an individual or representative.

Some common suits involve defective medical devices or pharmaceuticals, investment fraud, consumer protection, antitrust issues, and toxic material exposures. Class action lawsuits are filed at any state or federal court in Illinois, and the court has to certify the class and evaluate the commonality and legality of their claims. Any individual can file a class action suit as long as the basic requirements, such as a large class and commonality of claims, are proven.

Illinois public records may also be accessed through third-party websites. These sites typically expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases are Heard by Small Claims Courts in Illinois?

Small Claims Courts can only award a maximum of $10,000 in financial claims. Below are examples of cases heard in small claims courts in Illinois;

• When a homeowner refuses to return a security deposit.
• All cases of eviction.
• When a tenant violates their lease.
• Cases involving breach of contract, personal injury, etc.
• Seizures made to carry out judgments on debts owed.
• When an individual owes money for a completed task or work
• Repossession of property purchased on credit from a dealer.

What is a Class Action Lawsuit in Illinois?

As seen in the Code of Civil Procedure 735 ILCS 5, a class action lawsuit is a type of lawsuit in which numerous plaintiffs bring similar claims of injury or harm to a defendant.

Class action lawsuits are guided by federal law, and the law allows for a class action suit to be filed in a Federal Court if the claim exceeds five million dollars. This is as was stated in Federal Rules of Civil Procedure Rule 23 and 28 U.S. C. A. § 1332 (d).

How do I File a Claim in an Illinois Small Claims Court?

To file a claim in an Illinois Small Claims Court, the claimant is required to fill out the summons and complaint forms, which can be obtained from the Small Claims Court Clerk, and this signals the start of the lawsuit. The complainant’s name should be listed as the plaintiff, while the party being sued is the defendant. The valid name and address of the defendant should be accurate to avoid re-filing of the claims, which carries additional costs. In case of a change in address or contact details, the court clerk and the defendant should be notified.

Depending on the nature of the claims, some of the documents that could be required are contracts signed by both parties, rent receipts, warranties or guarantees on products/goods bought, a photograph of damaged items, leases, receipts, and canceled checks.

Do I Need a Small Claims Lawyer?

Having a small claims lawyer is not required in filing a claim in Illinois, and this is because the rules of the court proceedings are considered relatively more straightforward than in other lawsuits. If an attorney represents the defendant, the claimant should also have an attorney, as legal counsel may increase chances of winning the case.

How do Class Action Lawsuits Work in Illinois?

In filing class-action lawsuits in Illinois and due to the complexity, there are basic steps to be taken, which may include:

• A representative of the class/plaintiffs fills and submits a complaint on behalf of the class members who have suffered the same injury or damages at the right state or federal court where the case may be heard.
• After filing the complaint, the named plaintiff(s) or class representatives typically seek class certification. Once individuals opt into the class, forfeit their right to pursue separate, individual lawsuits against the defendant. To secure class certification, the claims are expected to share sufficient commonality, the number of potential class members should meet certain thresholds, and it needs to be demonstrated that individual lawsuits would be impractical. Additionally, the named representatives should adequately represent the interests of the entire class rather than solely their own.
• The litigation process commences when the class has been certified by the court, with both parties presenting their pretrial motions and discovery and moving on to settlement negotiations.
• The settlement paid to the class is then shared amongst all members of the plaintiffs to bring an end to the class action lawsuit.

Is a Class Action Better Than a Single Party Suit?

When Class action and single-party suits are assessed, although they both have their advantages, the class action suits are seen to be better in that;

• Class action suits are generally more cost-effective because multiple claims are combined into a single case rather than litigated individually. This approach enables the plaintiffs to share filing fees and attorney costs, whereas in a single-party suit, one individual bears all expenses.
• Settlements and judgments also tend to be reached more quickly in class action suits. It is more efficient for the court to address all the plaintiffs’ claims at once rather than handle numerous individual cases. In contrast, if a single-party suit is filed for one of many similar claims, it could take years for the court to resolve each case independently.
• Class action suits tend to be more successful as plaintiffs typically get compensated when a settlement is reached. In comparison to litigation costs, plaintiffs get tangible redress, unlike when it is a single-party suit, and compensation does not come close to litigation costs. In single-party suits, the plaintiffs do not get payouts most of the time.