What is the Cap for Filing a Claim in Small Claims Court?
Under Illinois law, a party to a written or oral contract can pursue its legal rights to payment by filing a lawsuit for breach of contract. In addition, if the written or oral contract is for construction work, a General Contractor or Subcontractor will also have the right to seek payment by filing, and suing to foreclose on, a mechanics lien. This right is granted under the Illinois Mechanics Lien Act for work on private property. Suit must be commenced within 30 days upon written demand of the owner of the real estate. If suit is not commenced within said time period to enforce the lien, the lien shall be forfeited. Such service may be by registered or certified mail, return receipt requested, or by personal service. (770 ILCS 60/34). Suit is filed in the circuit court of the county where the lien is recorded. Any individual, business or corporation may bring a small claims suit for the recovery of money when the amount requested isn't more than $10,000.