Small Claims complaints cannot exceed $5000.00. If the amount for which you are asking exceeds $5000.00, seek the advice of an attorney. Hearings are held on Friday mornings at 9:00 a.m. and will be scheduled by the McLean County Circuit Clerk's office.

FILING FEES:

• Under $250.00 = $81.00
• Over $250.00 through $500.00 = $91.00
• Over $500.00 through $2500.00 = $111.00
• Over $2500.00 through $5000.00 = $146.00

A. Completing the Small Claims Complaint Form
Plaintiff = Person(s) filing the complaint
Defendant = Person(s) against whom the complaint is filed

1. 1. Fill in the Plaintiff's name.
   
2. Fill in the Defendant's name.
   
3. Fill in the amount of money you are seeking, with a brief explanation of why you are filing the complaint. You may ask for Court Costs. (Court Costs are any monies that are paid to the Circuit Clerk's office and/or for service of your papers.)
   
4. Fill in Defendant's address and phone number.
   
5. Fill in Plaintiff's address and phone number.
   
6. Sign the complaint. The signature must be witnessed by a Notary Public or by one of the Circuit Clerks employees. If there is more than one Plaintiff, all must sign the complaint and have their signatures witnessed.

B. Service of the Summons.

The Small Claims Department will issue the summons. The summons can be served:

• By the Sheriff of the county in which the defendant(s) reside(s) or,
  
• By Certified Mail in McLean County only.
  
• By a Private Process Server

If you wish to have the summons served by the Sheriff, you will need to contact the Sheriff's office for the fees required to serve the summons. The McLean County Sheriff's department requires payment before the summons is served. If the McLean County Sheriff is to provide service, our office will deliver the papers to the Sheriff's office.

If the summons is to be served outside of McLean County or by Private Process, the Circuit Clerk's office will prepare the summons and notify the Plaintiff when it is ready for pick up. Instructions will provide the county and county seat in which the Defendant(s) reside(s). It is the Plaintiff's responsibility to see that the paper work processed is delivered to the appropriate county, and once the summons has been served, it must be returned to the McLean County Circuit Clerk's Office.

If the summons is to be sent by Certified Mail, there will be a Certified Mail fee for each defendant. This fee will vary depending on the current cost of postage. The Plaintiff will need to complete the "Affidavit of Mailing" on the back of the summons by printing the defendant's name and address, then signing the Affidavit. The signature must be witnessed. The Certified mail will be sent to the address provided on the Affidavit.

C. The Praecipe

This is the form that will tell us how the papers are to be served, who will serve the papers, and upon whom the papers are to be served.

1. Praecipe for (Insert name of document)
   
2. In Suit for (Insert Small Claims)
   
3. Plaintiff's name. (Insert name)
   
4. Defendant's name. (Insert name)
   
5. Please issue (Insert name of document)
   
6. Sheriff of (Insert county name, Private Process Server's name, or Certified Mail)
   
7. Insert the name and address of Defendant
   
8. Insert the Plaintiff's attorney's name, address and phone number (if no attorney, the name, address and phone number of the Plaintiff)
   
9. Rural directions
   
10. Place of Employment (Insert name, address and phone number of the company.

PLEASE NOTE:

If a defendant pays the amount in question prior to the court date and you wish to dismiss the case, you must fill out a "Motion for Dismissal of Suit" and file it with the Circuit Clerk's office.

If a judgment is taken and the defendant satisfies the amount of the judgment, then a "Satisfaction of Judgment" must be filed with the McLean County Circuit Clerk's office.

THESE FORMS MAY BE OBTAINED FROM THE McLEAN COUNTY CIRCUIT CLERK'S OFFICE OR BY DOWNLOADING BELOW:

Step 1:	If you don't have the latest version of Adobe Acrobat Reader installed, please download it free by clicking the picture below.
Step 2:	Download: Guide to Small Claims Small Claims Complaint Form * Praecipe * Small Claims Satisfaction of Judgment Form Small Claims Dismissal Form
*	This form can be filled out online. When you enter the form, click on the box that you want to fill out, and start to type, you can move between fields with the tab key. Boxes that require a check mark can be clicked and a check mark will appear. When complete press print and the form will print out already filled in, you can print out a blank form by printing the form before you fill it out.