Illinois · Roommate money dispute

Roommate money dispute in Illinois small claims

Ex-roommate owes you money? Recover it in small claims.

When a roommate leaves without paying their share of rent, utilities, or other agreed expenses — or when money was lent and not repaid — small claims court is an accessible option to recover. Your case turns on showing what was agreed, what was paid by each person, and what remains unpaid. A written roommate agreement or lease addendum is the strongest evidence, but texts, emails, and payment records can also establish the arrangement.

In Illinois, small-claims cases are heard in the Circuit Court (Small Claims) and you can sue for up to $10,000.

Good to know: Small claims is not a separate court in Illinois but a category of civil action heard within the Circuit Court. Under Supreme Court Rule 281, "a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs." Cases are filed with, and court dates obtained from, the Circuit Clerk of the county. Corporations cannot file (appear as claimant) without a lawyer.

Roommate money dispute: steps that matter

1. Gather your roommate agreement, lease, and any written communications about shared expenses, payments made, and what was owed.
2. Compile payment records showing what you paid and what the other person did or did not pay.
3. Send a written demand for the amount owed and keep proof you sent it.
4. File in the court for the county where the rental property is located or where the defendant currently lives.

Filing your Small Claims Complaint (filed together with a Small Claims Summons) in Illinois

1. Fill out the Small Claims Complaint and Small Claims Summons. Name yourself as Plaintiff and the person or business as Defendant (use the correct legal name and address). In paragraph 5 of the Complaint, state the facts and the amount owed (must be $10,000 or less); if the claim is based on a written document such as a lease or contract, attach a readable copy. Complete a separate Summons for each Defendant and ask the Circuit Clerk for the court date to enter in Section 4.
2. File the forms with the Circuit Clerk (e-file). File the Small Claims Complaint and Small Claims Summons with the Circuit Clerk. You must electronically file (e-file) unless you qualify for an exemption (e.g., an inmate without a lawyer, a disability, no internet/computer access, or difficulty reading/speaking English, using a Certification for Exemption from E-Filing). To e-file, create an account with an e-filing service provider via illinoiscourts.gov/service-providers.htm; the Circuit Clerk's office offers public terminals if you need help.
3. Serve the Defendant. Serve each Defendant by one of three ways: through the Circuit Clerk by certified mail (least expensive; only the Clerk may mail it), through the county sheriff (hand delivery, more expensive), or through a special process server. Pay the applicable fees for each party or provide an Order for Waiver of Court Fees.
4. Confirm service and get/confirm the court date. The person who serves the papers completes the Proof of Service section of the Summons and files it with the Circuit Clerk or mails it to you. Ask the Circuit Clerk whether a court date is scheduled automatically or whether you must schedule it, and whether the court or you must send the Notice of Court Date to the other party.
5. Appear and present your case. Go to court on the appearance date, bring copies of everything you filed, any witnesses, documents/photos, and a photo ID, and present your case to the judge, who issues a written judgment (Small Claims Order).

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your roommate money dispute

A roommate money dispute is usually a contract or debt claim — unpaid shared expenses, a loan between roommates, or one roommate leaving the other holding the lease. The statute of limitations is typically the contract or debt period, starting from when the money was due or the last payment was made.

Written contract: 10 years (735 ILCS 5/13-206)

Answering a lawsuit: The summons sets an appearance date not less than 40 nor more than 61 days after issuance; the defendant generally need not file a written answer unless ordered by the court.

Serving the defendant: Serve each Defendant by one of three methods: (1) through the Circuit Clerk by certified/registered mail (least expensive; only the Clerk may mail it), (2) through the county sheriff by hand delivery, or (3) through a special process server. The server completes the Proof of Service on the Summons. Under Supreme Court Rule 284, mail service requires return receipt and is proof of service if delivery is shown at least 21 days before the appearance day.

Appeals: If you lose, you have 30 days to file a Motion asking the judge to reconsider the ruling or to file an appeal to a higher court (using the appellate forms).

All Illinois small-claims deadlines

The table below lists the filing deadlines Circuit Court (Small Claims) applies by claim category. Confirm the exact rule that applies to your roommate money dispute claim with your court before relying on any figure.

Illinois small-claims forms for your roommate money dispute case

These forms are published by the Circuit Court (Small Claims). Download and complete them before filing.

• Small Claims Complaint (SMC Complaint): The complaint that starts a small claims case; asks the court for a money judgment and gives the information needed to begin the case.
• Small Claims Summons (SMC Summons): Notifies each Defendant of the suit and sets the appearance date; filed together with the Complaint and used for service.
• Application for Waiver of Court Fees (Fee Waiver for Civil Cases - FW-CIV Application): Asks the court to waive or reduce filing and service fees if you cannot afford to pay.
• How to File & Serve a Small Claims Complaint & Small Claims Summons (SMC Instructions): Official step-by-step instruction guide for self-represented plaintiffs.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Office of the Illinois Courts - Small Claims (self-help). Last reviewed 2026-06-23.