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Small Claims Court Chicago Fees – Having a dispute with a gym about a refund, purchase or charge to your account? You have several options, including suing the gym in small claims court.
We often get the question, can I sue a gym for minor claims? The answer is yes, as long as the dispute falls within the small claims limit of the court in which you want to file.
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A demand letter is a letter that outlines a set of requests. For example, in your request letter, you can ask the gym to refund a purchase you made and explain why you’re asking for a refund.
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If you ultimately decide to file a lawsuit in small claims court, you are generally expected to ask for your money or property first before you can file the lawsuit. In fact, in some states, you need to send a demand letter before you can move forward with your lawsuit. Although you can request the return of your money or property orally, it is recommended that you do so in writing in the form of a letter of request, this letter can serve as useful evidence should you end up in court.
Not sure what to include in your gym demand letter? Here are some important points to include:
The amount you will pay to file a small claims lawsuit depends on where you are suing the gym. Court filing fees vary by state, sometimes even by county or city. You can expect to pay between $0 and $100 to file the lawsuit. If you cannot afford court fees, you can ask the court to waive the fees, as most courts have a fee waiver program for those who need it.
Once the lawsuit is filed, you must notify the gym that you have reported them. This is called “serving”. Service costs can range from $0 to $200, depending on the service methods available and which service method you choose is best for you.
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Learn more about who to serve on behalf of the gym below. If you win, you can ask the court to order the gym to pay court fees and service charges; It is up to the judge to decide whether the gym should be responsible for these fees.
The maximum amount you can sue a gym for depends mostly on the state and court you want to file in, because small claims court limits vary depending on where you’re filing. To find out exactly how much you can claim, find your court’s small claims limit, this limit will likely be between $2,500 and $25,000. Note that if you are a sole proprietor, you count as an individual.
By suing for small claims, you generally agree to waive any amount above the maximum amount you can sue, even if you are owed more. For example, if the gym owes you $15,000 and you decide to sue in small claims court where the limit is $10,000, you will waive the lawsuit for an additional $5,000. This means you will earn a maximum of $5,000. $10,000 and lose the remaining $5,000 to the right.
Although you may lose the full amount owed to you, there are practical advantages to suing in small claims rather than suing in “regular court.”
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How to File a Small Claims Lawsuit Against a GymStep 1: Identify the gym’s legal name, its address, and its “agent for service of process.”
To sue in small claims, you must be able to correctly name the person or company you are suing. Identifying whether the gym is doing business as an LLC or a corporation is very important. Alternatively, the business may be owned by one person, known as a ‘sole proprietorship’.
Step 2: Fill out the necessary forms or court procedures on how to appear in your local small claims court
Once you’ve filed your small claims lawsuit, the next step is to notify the gym that you’ve been sued. This is called a “process service” (also known as a “service”).
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You must serve the gym in good time before the small claims court hearing (sometimes you must serve at least 30 days before the hearing, so how much time do you have to research on your court’s website or call the court clerk. ).
There are several potential ways you can serve the gym, such as having a friend serve, hiring a process server, or hiring the sheriff. Your court will tell you which of these options are available to you. You cannot file your own lawsuit.
Remember to serve the gym’s “agent for service of process” as listed on your state’s Secretary of State website.
Small claims hearings are informal and most hearings last about 15 minutes. While many disputes are settled before the hearing, here’s what to expect if your lawsuit isn’t settled.
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This is a general guideline of what you can expect at your small claims hearing, although you should expect the procedure to vary by court.
Chief Legal Architect & Co-Founder @ People Clerk. Camila has a degree in law and a certified mediator. His passion is breaking down complicated legal processes so that people without a lawyer can get justice. Small claims court is an informal court designed for minor cases limited to a maximum claim amount. The plaintiff and defendant present their case to the judge, who makes a decision, unless either party requests a jury trial.
To try to recover an amount greater than $10,000, the lawsuit must be filed as a civil case in Circuit Court.
You must file a landlord-tenant small claims case in Illinois within 2 or 5 years, depending on whether the law provides for liquidated damages (penalty provision).
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Although there are statutes of limitation in oral and written leases, courts have established the application of the two-year statute of limitations for a statutory penalty, such as the return of a security deposit.
Marc Realty, L.L.C., the Illinois Supreme Court held that the two-year statute of limitations applied when a tenant with a written lease sought the return of his security deposit after four years because applicable law provides for default damages.
Small Claims Court is designed to be simple and not require an attorney in most situations. However, either party may be represented by a lawyer if they so wish.
In Illinois, Small Claims Court is a division of Circuit Court. The claim must be filed in the Circuit Court of the county where the defendant lives or has an office or where the rental property is located.
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Step 1: Before filing a small claims case, a request letter may be required. Check with your court clerk to determine if this step is necessary in your case.
For example, if you want to file a case for the return of a security deposit, you must submit a letter of request before filing. You can write your own letter or use the Illinois Legal Aid Online Security Deposit Request Form.
Illinois Legal Aid Online recommends that you send the letter by certified mail and then wait ten days after the landlord accepts it before filing a small claims case.
Step 2: Complete a Small Claims Claim and Citation. You can use the fillable PDFs or the Small Claimsonline questionnaire to generate and download completed forms.
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You must attach a copy of your letter of request and any other evidence you have to support your claim to the claim form.
Electronic filing is required unless you are unable to access the electronic filing system or have difficulty with English. You can request to waive the requirement by submitting an e-Filing Exemption Certification so that you can file in person.
Fees for filing a case in Illinois Small Claims Court are set by the Circuit Courts and usually vary based on the amount of the claim. Many circuit courts post their filing fees on their website. You can use the Illinois court directory’s interactive map to find your local court’s website.
You can still file a case if you can’t pay the fees by filing a court fee waiver application (see Filing Instructions). If the application is approved, the judge may agree to waive all fees or may require you to pay 25%, 50%, or 75% of the applicable fees.
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After filing a small claims case in Illinois, the complaint and summons are served on the defendant. Court procedures vary from court to court, so check with the court clerk to determine what happens after the defendant has been served.
Step 1: Notification to the defendant. After you file your small claims case, you must serve copies of the complaint and summons on the defendant.
Sometimes you can serve the defendant with a professional process server, a licensed private investigator, or anyone who is 18 or older and not a party to the case. Your court may require you to file a Motion to use this option. Check with the court clerk to determine your service process.
Once the service is served on the defendant, the person who completed the service will file a proof of service form with the court, which
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