How To Answer an Illinois Debt Collection Court Summons

Getting sued for debt in Illinois? You need to act fast.

In Illinois, cases under $10,000 go to small claims court. You must file an appearance form within 30 days of receiving your summons.

An appearance form tells the court you’re participating in the lawsuit. You don’t need to file a formal answer in small claims court. But filing one can help you prepare your defense.

Procedures vary by county in Illinois. Always check with your local court to verify requirements.

How Debt Collection Lawsuits Work in Illinois

Behind on bills? Your debt might end up in collections.

Debt collectors start with phone calls and letters. If you ignore them, they may file a debt collection lawsuit against you.

In Illinois, lawsuits under $10,000 are handled in small claims court.

You’ll receive official notice through a summons and complaint.

Understanding Your Summons and Complaint

These are official court documents. You need to understand both.

The summons notifies you that someone filed a lawsuit against you. It includes your response deadline and which court will hear your case.

The complaint outlines the allegations against you. In debt collection cases, it lists when you last paid and how much you allegedly owe.

The complaint also states what the collector wants. Usually, they seek a court-ordered money judgment. The amount includes the debt, accrued interest, and legal costs.

In Illinois, debt collection cases require personal service. A sheriff’s deputy or private process server delivers the papers. Small claims cases can also use certified mail with return receipt.

Think you weren’t served properly? You can file a motion to quash the service. Or if the plaintiff didn’t attach required evidence, file a motion to dismiss. You must file these motions before your appearance or answer.

How To Respond to Your Illinois Court Summons

An appearance is your first line of defense. It tells the court and plaintiff you’re participating.

Skip this step and the judge could rule against you. That’s called a default judgment.

You don’t need to file an answer unless your summons requires it. But it can help you organize your defense.

Illinois Legal Aid can help you prepare both forms.

You must e-file your appearance form unless you qualify for an exemption.

Need help responding to your lawsuit? Our partner Solo helps you draft your response and negotiate settlements. They offer a 100% money-back guarantee.

Step 1: Complete Your Personal Information and Trial Preference

The first page asks for your personal details. You also select your preferred trial type.

Your options are:

• Trial with a judge

• Trial with a judge and six-person jury

• Trial with a judge and 12-person jury

Remember: You don’t have a guaranteed right to a jury trial. Your selection shows preference only.

If you select a jury trial, check with your court. You may need to file the appearance form twice as a Jury Demand.

Step 2: Fill Out Proof of Delivery

The proof of delivery section documents how you’ll send the plaintiff their copy.

Include the plaintiff’s name, address, and email. Select your delivery method.

Then sign the certification page. You’re confirming the information is accurate.

Step 3: File Your Forms Within 30 Days

Your summons states your deadline. Generally, you have 30 days from receipt.

Illinois requires e-filing unless you have a valid exemption.

eFile Illinois is the state’s e-filing system. It helps you prepare, file, and send electronic copies.

Illinois Legal Aid Online offers an Appearance eFile Easy Form program. It guides you through creating and filing your appearance.

Filing Procedures Vary by County

Your summons includes specific instructions for your court. Here are some county examples:

Lake County: Your summons contains a return date. File your appearance before that date. Otherwise, you must appear in court or risk default judgment. Filing before the return date means you skip that court date. The clerk sets a trial date about 14 days later.

Montgomery County: Your summons has an appearance date. File your appearance or motion at least five days before. Or show up in person on the appearance date.

Madison County: Your summons includes an appearance date. You must file your answer by that date or appear in person. You also pay an answer fee or file a fee waiver application.

Step 4: Serve a Copy on the Plaintiff

Deliver a stamped copy of your appearance to the plaintiff or their attorney.

Most people use the e-filing system since it’s required in Illinois.

If you’re exempt from e-filing, mail or hand-deliver the copy. Use this method only if the recipient has no email address.

Send your copy by 5 p.m. on the same day you file with the court.

Filing an Answer Form in Illinois

You don’t have to file an answer in small claims court for debts under $10,000. But doing so can strengthen your case.

An answer forces you to think through your responses. It shows the collector you’re serious about your rights.

Note: You still need to file an appearance even if you file an answer. Some courts charge a fee for optional answers. Check your court’s requirements.

The Illinois Courts website has resources for preparing and filing your answer. You can download the answer form directly.

Respond to Each Complaint Claim

The answer form has an Answer/Response section. Go through the complaint line by line.

For each claim, choose one response:

• Admit (you agree with the claim)

• Deny (you disagree with the claim)

• Do not know (you lack knowledge to confirm or deny)

E-File Your Answer by Your Summons Deadline

Illinois requires e-filing unless you’re exempt. Exemptions include:

• Being incarcerated without legal representation

• Having a disability preventing e-filing

• Lacking computer or internet access at home and unable to travel for access

If you qualify for an exemption, file a Certification for Exemption from E-Filing. Then file your answer form and certificate in person or by mail.

Preparing for Your Court Appearance

Showing up to court is crucial. Don’t show up? You guarantee a win for the debt collector.

Your paperwork states your court date. You can also check with the court clerk.

Illinois Legal Aid Online offers these preparation tips:

• Dress professionally like you would for a job interview

• Arrive early to find parking and the right courtroom

• Bring copies of all documents (appearance, answer, defenses)

• Bring a photo ID

• Know your case details (plaintiff’s name, contact info, case number)

Want help settling your debt before trial? Our partner Solo can negotiate with collectors on your behalf.

What Happens If You Ignore the Lawsuit

The worst thing you can do is nothing. Ignoring a lawsuit won’t make it disappear.

Instead, the judge will likely issue a default judgment against you.

A default judgment gives the collector powerful tools. They can request wage garnishment, a bank account levy, or a property lien.

Debt collectors count on you ignoring the lawsuit. Take action and respond. You give yourself a real chance to win the debt collection lawsuit.

Already Have a Default Judgment Against You?

You can still fight back. File a motion to vacate the judgment.

Vacating means canceling the judgment. You file this motion with the court that issued the judgment.

The process can be complex. Seek legal help if needed. Illinois Legal Aid Online may help through their online services.

Getting Legal Help in Illinois

You don’t have to face this alone. Free and low-cost resources are available.

• Illinois Legal Aid Online offers self-help resources, forms, and referrals statewide.

• Illinois Attorney General’s Legal Assistance Referrals provides a comprehensive list organized by location.

• Illinois State Bar Association links to verified legal aid organizations across the state.