Civil Division

Small Claims Manual PDF Format

PDF Documents

The Civil Division in the Circuit Clerk's Office consists of several different subunits.  Small Claims, Law Magistrate, Forcible Entry, Probate, Chancery, Miscellaneous Remedy, Taxes, Eminent Domain, and Law.  These are the majority of the cases that the Civil Division files.

The Civil Division files between 100-150 new cases per day.  These mostly consist of Small and Law Magistrate cases.  There is a available to the Public that tells you how to file a Small Claims case.  This manual is available in the Clerk's Office.

Small Claims consists of suits filed under $5,000.00.  We will file the complaint and have your summons issued.  It is up to you to have the summons served.  A summons can only be served by a Private Process Server or by the Sangamon County Sheriff.

Law Magistrate cases are filed just like a Small Claims case, except they are filed for over $5,000.00 but under $50,000.00.

A Forcible Entry case also falls under Law Magistrate.  They are filed when a landlord is trying to evict a tenant from his/her property.

There are many different categories that fall under a Probate case.  For example, Guardianship (person, minor estate), Wills (We do not accept living wills), Disabled Adult, Intestate, Testate.

Law cases are cases consist of Personal Injury, Wrongful Death, Confessions, Dram Shop, Negligence, Replevins, Damages Tort, Agreement, Contract & Suit on Note that are being filed for over $50,000.00.

Chancery cases consist of Foreclosures, Injunctions, Interpleader, Mechanics Lien, Temporary Restraining Order, Trust, & Will Contest.  These are just a few of the categories that fall under a Chancery case.

Miscellaneous Remedy consists of Administrative Reviews, Consumer Fraud, Declatory Judgment, Election Contest, Extradition (both Criminal and Civil), Habeas Corpus, Mandamus, Search Warrants (both Criminal and Civil).

Tax cases consist of Tax Objections, Tax Decision Review, Deeds, Injunction, Personal Property, Sale, and many other categories.

The Civil Division also does Appeals.  We file the Notice of Appeal and prepare the record to send over to the Appellate Court.