Civil Division

Circuit Court of Cook County
Information about court organization, court locations, judge information, court holidays and the trial process can be found at the Circuit Court website.

Descriptive Guide
Descriptive Guide

Glossary of Legal Terms

Illinois Code of Civil Procedure
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure.

Illinois Supreme Court Rules
Illinois Supreme Court's list of Illinois Supreme Court Rules

Municipality Fees (705 ILCS 105/27.1b)

Breach of Warranty

A breach of an express or implied warranty relating to the title, quality, content or condition of goods sold (Black's Law Dictionary, 2004).

Breech of Contract

A violation of a contractual obligation by failing to perform one's own promise by repudiating it, or by interferring with another party's performance (Black's Law Dictionary, 2004).

Confession of Judgement

A person's agreeing to the entry of judgment upon the occurence or non occurrence of an event, such as making a payment. A judgment taken against a debtor by the creditor, based on the debtor's written consent (Black's Law Dictionary, 2004).

Consumer Fraud

Deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transactions (http://legal-dictionary.thefreedictionary.com/Consumer+Fraud).

Detinue

A common-law action to recover personal property wrongfully taken by another (Black's Law Dictionary, 2004).

Evictions (Forcible Entry and Detainer)

A summary proceeding in which the landlord seeks to restore possession of the premises or payment of rent when the tenant has wrongfully withheld rent or possession of the premises (Black's Law Dictionary, 2004).

Foreign Judgment

A judgment rendered by a court of a state or country different from that where the judgment or its effect is at issue (Black's Law Dictionary, 2004). 

Fraud

A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to the detriment of another person. Unconscionable dealing; especially, in contract law, the unfair use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain.

Housing

A lawsuit which is brought into court by the City of Chicago in reference to housing violations which include, but are not limited to, lead paint, broken windows, broken stairs, heat cases, etc.

Pro Se Court

The Pro Se Court section of the Civil Division resolves disputes between parties where the amount at issue does not exceed $3,000. The party may act as their own attorney. 

Registration of Administrative Judgment

A registration of judgment is an official recording of the award made in a lawsuit for purposes of serving public notice of the debt owed by the defendant. (http://definitions.uslegal.com/r/registration-of-judgment/)

Replevin

An action for the repossession of personal property wrongfully taken or detained by the defendant, whereby the plaintiff gives security for and holds the property until the court decides who owns it (Black's Law Dictionary, 2004).

Statutory Action Complaint

An action governed by statutory law rather than equitable, civil or common law (Black's Law Dictionary, 2004).

Tort/Not Personal Injury

A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another (Black's Law Dictionary, 2004).

Tort/Personal Injury

Any wrong or damage done to another person, such as, physical pain, illness or any impairment of physical condition resulting from the careless or negligent actions of others. The most common cases involve auto accident injuries.

Q: I want to file a lawsuit, what forms do I need and where can I get them?
A: To file a lawsuit, you must complete a Complaint form, a Summons form, as well as a Civil Division Action Cover Sheet. These forms are available in the Civil Division of the Office of the Clerk of the Circuit Court of Cook County (Clerk’s Office) in Room 601 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois, 60602 or at http://www.cookcountyclerkofcourt.org/NewWebsite/Forms.aspx?categoryid=11.

Also, you will have to serve the defendant either through the Sheriff’s Office or by Certified Mail. You may serve by Certified Mail if your claim does not exceed $10,000 and the defendant is in the state of Illinois (Check the box for Certified Mail on the summons.) You may refer to “How do I serve the Defendant?” below for information on serving the defendant.

NOTE:  Eviction/Joint Action cases cannot be served by Certified Mail.

The Complaint and Summons forms can be downloaded HERE

Q: Will I have to pay a filing fee and if so for what amount?
A: Yes, you will be required to pay a filing fee. The fee will vary depending on the amount of your claim. You may pick up a schedule of filing fees at the Customer Service Counter in the Civil Division in Room 601 of the Richard J. Daley Center, or view the fee schedule at CCG 0603 (FEE SCHEDULE).

Q: Will I have to pay for service by Certified Mail?
A: Yes, you will be required to pay the Clerk’s Office a nominal fee to serve by Certified Mail.

NOTE: You may only choose to serve by Certified Mail if your case is under $10,000 and the defendant is in the state of Illinois. Certified Mail fees are subject to be changed by the U.S. Postal Service. 

Q: What must I do after I have completed the complaint and summons?
A: After you have completed the complaint, summons and Civil Division Action Cover Sheet, get a return date from the blackboard in 601 or 602 of the Richard J. Daley Center. You will need to put a return date on both the complaint and summons forms. The return date is important because this is the date by which the party you are suing (the defendant) must respond.

Q: Will I (the plaintiff) need to come to court on the return date?
A: No, the plaintiff does not need to come to court on the return date unless you are filing a Forcible Detainer (Eviction), Replevin, Detinue or Revival of Judgment case. The return date is only important for the defendant, the person or party you are suing-- because the defendant must respond to the lawsuit on or before the return date. Think of the return date as a response date by which the defendant must respond to your lawsuit.

Note: The return date is an actual court date when filing the following types of lawsuits: Forcible Detainer (Eviction), Replevin, Detinue or Revival of Judgment.

View All Civil Division Frequently Asked Questions