Ill. R. Cir. Ct. McHenry Cnty. 7.01

As amended through September 23, 2024

Rule 7.01 - FORMS OF SUMMONS AND COMPLAINTS

A. An approved summons form provided by the Clerk of the Circuit Court, substantially in the form set forth in Supreme Court Rule 101(b), shall be used in any Small Claims action.

B. Small Claims actions may be commenced by filing a complaint on forms supplied by the Clerk of the Circuit Court. The complaint shall state the amount of and the basis for the plaintiff's claim, giving dates and relevant facts.

C. If the claim is based on a written instrument, a copy thereof must be attached to the original and all copies of the complaint. If the written instrument is not available to the plaintiff, an affidavit so stating shall be attached to the complaint.

D. A copy of the complaint and Small Claims Summons (along with any written instrument required to be attached) shall be served upon each defendant by any of the methods allowed by law, including certified or registered mail in compliance with Supreme Court Rule 284.

E. Copies of complaints served upon defendants shall have attached thereto two blank "Written Appearance Forms" which may be used by the defendants.

F. The Small Claims Summons, when issued, shall contain a NOTICE TO DEFENDANT setting forth the following language:

If you wish to contest this claim, you must do the following:

Pay the statutory appearance fee and file a written appearance (forms may be obtained at the office of the Clerk of the Circuit Court) on or before the day and time specified above for your appearance, hereinafter called the return day. You must mail or otherwise deliver to the opposing party a copy of your appearance. Then on the return day, the sitting judge shall, in open court, set a time and date for trial. Each party is responsible for learning the time and date of the trial.

If you do not wish to contest this claim, you need not appear in person or file a written appearance, and a judgment will be entered against you on the return day for the amount claimed by the plaintiff in the complaint plus court costs.

Ill. R. Cir. Ct. McHenry Cnty. 7.01