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How to Proceed Once Served with a Small Claims Summons and Complaint

Written by: Alan James Brinkmeier

Reputation Level 20

Lawsuits

Posted over 2 years ago. Applies to Illinois, 3 helpful votes, 0 comments

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What should I do? I was just served by a small claims creditor with a "Summons" and "Complaint".

You will have to appear and file an Answer to the Complaint.

Can I handle this without an Attorney?

In some cases, you may be able to draft an Answer on your own. In many cases that are more complicated it is advisable to get the advise of an Attorney you hire. Small claims are usually one issue matters that you can handle yourself.

Where do I have to Answer to defend this?

It must be at the Courthouse and filed with the clerk

How long do I have?

The Summons will tell you but normally you have 30 days to appear and Answer.

What happens after I file my Answer?

Once you file a written Answer, the Court will treat the case as a contested matter. You will get Notice to Appear for a status conference. This gives you a chance to meet with the attorney and the judge. A plan for the case will be set so that eventually you get to tell your side of things and get the matter decided.