How To Answer an Illinois Debt Collection Court Summons

How Do Debt Collection Lawsuits in Illinois Work?

If you’re having a hard time keeping up with bills, your past-due debt may be sent to a collection agency. If that happens, you’ll likely start receiving phone calls and letters from a debt collector. 

If the debt remains unpaid and you don’t respond, the collector may decide to file a lawsuit to try to collect the money through the court system.

🏛️ In Illinois, if the amount you're being sued for is $10,000 or less, your case will usually be handled in small claims court. This process is meant to be simpler than those followed in other courts.

📄 You’ll be officially notified of the lawsuit when you're served with a summons and complaint. These documents start the case and explain what the debt collector says you owe and what your options are for responding.

What Is a Summons and Complaint?

The summons is issued by the court and informs you that a lawsuit has been filed against you. It includes important information like which court is handling your case and how much time you have to respond.

The complaint explains the claims being made against you. In a debt collection case, it usually includes how much the collector says you owe, when your last payment was, and other account details. 

It also states what the collector wants the court to do. In most cases, this means asking the court to issue a money judgment, which is a court order saying you legally owe the debt. The amount may include the original balance, interest, and possibly attorney fees or court costs.

In Illinois, debt collection lawsuits are usually served by a sheriff’s deputy or a licensed private process server. In most counties, using a private server requires court approval, but in Cook County, licensed private process servers may be used without needing special permission.

⚠️ If you believe you weren’t properly served, you can file a motion to quash service. Or, if you think the complaint is missing required documents or information, you may be able to file a motion to dismiss. 

These motions must be filed before you submit your appearance or answer to the court. (More on these forms below).

How Do You Respond to an Illinois Court Summons for Debt Collection? 

You’ll respond by first filing an appearance, a written form that lets the court and the plaintiff (the person suing you) know that you received the summons and complaint and plan to participate in the case. 

Filing an appearance is important. If you don’t, the court may assume you're ignoring the lawsuit and could enter a judgment against you.

Here's what the first page of the appearance form looks like:

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Step 1: Fill Out Personal Information and Select What Trial You Prefer

The top of the appearance form is where you’ll fill out your personal information and select the type of trial you prefer. The options are:  

• A trial with a judge (called a bench trial)

• A trial with a judge and a six-person jury

• A trial with a judge and a 12-person jury

Here’s what that section of the appearance form looks like:

ℹ️ Selecting a trial type shows the court your preference, but it doesn’t guarantee you’ll get that type of trial. Not every case qualifies for a jury trial.

📌 If you choose a jury trial, check with the court where your case was filed. Some courts may require you to submit the appearance form a second time, which counts as a formal jury demand.

Step 2: Complete Proof of Delivery 

This part of the form is where you fill out the plaintiff’s contact information and select how you’re sending them a copy of your appearance form. If they have a lawyer, you'll send it to the lawyer instead.

Here’s what the proof of delivery section looks like:

You’ll need to fill in the plaintiff’s name, mailing address, and email address. Then, you’ll check a box to indicate how you’re delivering them the form — by mail, in person, or electronically.

Finally, you’ll sign the last page of the appearance form to confirm that the delivery information you provided is true and correct.

Here’s what that part of the form looks like:

Step 3: File Your Forms With the Court Within 30 Days

In most cases, you must file your appearance form within 30 days of receiving the summons and complaint. Check your court papers to confirm the deadline.

Unless you qualify for an exemption, you’ll need to e-file your forms with the court. If you’ve already completed your appearance form using an online tool, you can e-file it directly through the system from there.

Filing Procedures Vary by County in Illinois 

Your summons should include instructions about when and where to file your appearance form, along with other important court details. But the rules can vary depending on which small claims court you're dealing with. Here are a few examples:

• In Lake County, the summons will list a return date. You must file your appearance before that date. If you don’t, you’ll need to show up in court on the return date. Otherwise, the creditor can ask the court for a default judgment. If you file your appearance ahead of time, you don’t need to appear in court on the return date. After you file, the clerk will set a trial date, usually about 14 days later.

• In Montgomery County, the summons will include an appearance date. You must file an appearance or other motion at least five days before that date. If you don’t, you’ll need to show up to court on the appearance date.

• In Madison County, the summons will also include an appearance date. You must either file your appearance (and answer, if required) on or before that date, or appear in person at the hearing. You’ll also need to pay the appearance fee or file a request to waive it by that same deadline. 

Step 4: Serve a Copy of the Appearance on the Plaintiff 

After you file your appearance with the court, you also need to serve a copy on the plaintiff (or their lawyer, if they have one). This lets them know that you’ve officially responded to the lawsuit.

If you're using Illinois’ e-filing system, it will usually serve the document automatically to the plaintiff or their attorney through the system.

If the plaintiff isn’t registered for e-filing or you’ve been approved to file in person, you may need to serve the appearance manually, either by mail or hand-delivery. This only applies in limited situations. Check with your Court Clerk if you’re confused about this step.

🕜 No matter how you serve it, the appearance must be sent to the plaintiff by 5 p.m. on the same day you file it with the court. 

How Do You Fill Out and Complete an Answer Form?

In Illinois' small claims court, you aren’t required to file an answer if you’re being sued for less than $10,000. That said, filing an answer can still be helpful because it gives you a chance to respond to the plaintiff’s claims in writing and think through your position before your court date. You’ll respond to each claim made in the complaint, then e-file the form with the court.

📌 Note: If you choose to file an answer, you still need to file your appearance as well. Also, some courts may charge a small fee to file an answer. It’s a good idea to check with the clerk’s office in your county to confirm local rules.

🔗 The Illinois Courts website has helpful resources for learning how to prepare and file your answer. 

This is what the first page of the Illinois answer form looks like:

1. Respond to Each Claim Outlined in the Complaint 

On the first page of the answer form, you’ll see a section labeled Answer/Response. This is where you go through the complaint, line by line, and respond to each claim made by the plaintiff.

👇 You have three options for each claim:

• Admit – You agree that the claim is true.

• Deny – You disagree with the claim.

• Do Not Know – You’re not sure whether the claim is true or false because you don’t have enough information.

Try to respond to each numbered claim in the same order they appear in the complaint. This helps the court (and the plaintiff) understand which parts of the lawsuit you agree with and which ones you’re disputing.

2. E-File Your Answer Form by the Date Determined on Your Summons 

In Illinois, you're required to e-file your answer form unless you qualify for an exemption. Common exemptions include:

• You're in jail or prison and don’t have a lawyer.

• You have a disability that prevents you from using e-filing.

• You don’t have access to a computer or the internet and can’t easily get to a location that offers access.

If one of these applies to you, you’ll need to file a Certification for Exemption from E-Filing. Once that’s done, you can file your answer form in person or by mail, along with the exemption certificate. Be sure to file your answer by the deadline listed on your summons.

How To Prepare for Court Appearances

Showing up to court is one of the most important things you can do. If you don’t appear, the court may automatically rule in favor of the debt collector.

Your summons or other court paperwork should list your court date. If you're unsure, you can always call the clerk of the court in the county where you were served to confirm the date and location.

✅ Here are some helpful tips from Illinois Legal Aid Online for getting ready:

• Treat it like a job interview — dress neatly, arrive early, and be respectful.

• Bring copies of all your paperwork, including your appearance form, answer, and any supporting documents.

• Bring a photo ID in case the court needs to verify your identity.

• Know the basic details of your case, like the name and contact info of the plaintiff or their attorney.

💪 Feeling prepared can help reduce stress and give you more confidence during your hearing.

What Happens if You Don’t Respond to the Lawsuit?

The most important thing you can do when you’re sued is acknowledge the lawsuit and take action. Ignoring it won’t make it go away. In fact, doing nothing usually means you’ll lose the case by default.

If you don’t respond, the judge may issue a default judgment against you. This is a court order that gives the creditor or debt collector the right to collect the money by garnishing your wages, freezing your bank account, or placing a lien on your property.

Debt collectors often count on people not responding. But when you take action — even just by filing an appearance or showing up in court — you give yourself a real chance to fight and possibly win the case.

What Do I Do if the Court Already Issued a Default Judgment Against Me?

If the court has already entered a default judgment against you, you may still have options. One of those is to file a motion to vacate the judgment. This is a formal request asking the court to cancel the judgment and reopen the case.

🤝 You’ll need to file this motion with the same court that issued the judgment. This process can be challenging to navigate, so consider seeking legal help as needed. Illinois Legal Aid Online may be able to help through their online services. 

Need Legal Help?

If you're facing a debt collection lawsuit or need help responding to court papers, there are free and low-cost legal resources available across Illinois. Here are a few trusted places to start:

• Illinois Legal Aid Online offers easy-to-use self-help tools, legal forms, and step-by-step guides. You can also get referrals to free or low-cost legal aid providers based on your location and legal issue.

• Illinois Attorney General’s Legal Assistance Referrals has a comprehensive list of legal help resources, including links to law school clinics, bar associations, and nonprofit organizations The directory is organized by region to help you find support near you.

• Illinois State Bar Association provides access to verified legal aid organizations across the state, including those offering help based on location or case type.