Small Claims Court Information
What is the Small Claims Court?
The Small Claims Court is specifically designed to hear court cases involving claims of $10,000.00 or less.
Where is it located?
The Small Claims Court is in Courtrooms 2000 (SR) and 2001 (SC) located in the DuPage County Judicial Center at 505 N. County Farm Road, Wheaton, Illinois.
Installment Payment/Judgment Order
While litigants can reach some other resolution in settlement of litigation, a Defendant who wishes to avoid a court appearance may consider the use of an Installment Payment/Judgment Order.
An Installment Payment/Judgment Order may be used by a Defendant without the agreement of a Plaintiff, but only if the "Money Damages Only" box located on the Small Claims Summons is checked by the Plaintiff and the Defendant agrees to all of the following:
- Defendant acknowledges indebtedness to Plaintiff in the amount requested by Plaintiff;
- Defendant agrees to the entry of a judgment against Defendant and in favor of Plaintiff in said amount plus court costs; and
- Defendant agrees to pay said judgment amount to Plaintiff by monthly installments so long as said monthly installment payments do not extend over a period in excess of three years duration from the date of the judgment entered.
If a Defendant completes and timely files an Installment Payment/Judgment Order, a Defendant's appearance in court shall be waived, the Installment Payment/Judgment Order shall be entered by the Court, and the case will be closed.
If an Installment Payment/Judgment Order is entered:
- For so long as a Defendant timely complies with the monthly payments required therein,a Plaintiff cannot pursue enforcement or other collection of said judgment (for example,wage garnishments, bank garnishments, citations, etc.) without prior leave of Court;
- A Defendant acknowledges that, if a Defendant fails to timely comply with the monthly payments required in an Installment Payment/Judgment Order, a Plaintiff may, upon notice to a Defendant, move the Court to vacate the installment payment portion of the Installment Payment/Judgment Order, with said judgment to stand, and request leave to proceed with the enforcement and collection of said judgment and other supplementary process as allowed by law;
- A Defendant acknowledges that statutory judgment interest may apply notwithstanding the entry of an Installment Payment/Judgment Order. 735 ILCS 5/2-1303, Interest on Judgment, provides in part, "Judgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied ... Interest shall be computed and charged only on the unsatisfied portion of the judgment as it exists from time to time... "
Installment Payment/Judgment Orders are allowed by Illinois Supreme Court Rule 288, Installment Payment of Judgments, which provides, "The court may order that the amount of a small claim judgment shall be paid to the prevailing party on a certain date or in specified installments, and may stay the enforcement of the judgment and other supplementary process during compliance with such order. The stay may be modified or vacated by the court, but the installment payments of small claims judgments shall not extend over a period in excess of three years duration."