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Rule 281.Definition of Small Claim

Article II. Rules on Civil Proceedings in the Trial Court · Part J. Small Claims · Last amended 2022 · Last verified July 20, 2026

In one sentenceRule 281 defines a small claim as a tort or contract case seeking $10,000 or less, and marks which cases fall under the small-claims rules that follow.

Full Text of Ill. S. Ct. R. 281

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For the purpose of the application of Rules 281 through 288, a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs. The order entered December 6, 2005, amending Rule 281 and effective January 1, 2006, shall apply only to cases filed after such effective date.
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Plain-English Summary

A small claim, under this rule, is any civil action based on tort or contract seeking money damages of $10,000 or less, not counting interest and costs. That threshold decides whether a case can use the streamlined procedures set out in Rules 282 through 288.

The dollar figure has moved several times since the rule was first adopted, climbing from $200 in the 1960s to $10,000 today, generally to keep pace with the value of everyday disputes. A 2022 amendment narrowed the definition further by removing tax-collection cases, which had been included for years but no longer qualify.

Because raising the limit changes how many cases flow into the small-claims track, the 2005 increase to $10,000 was written to apply only to cases filed after its effective date, leaving pending cases under the old limit.

Frequently Asked Questions

What is the dollar limit for a small claim in Illinois?
$10,000, not counting interest and costs.
Does the limit cover both contract and tort claims?
Yes — either type of claim qualifies as long as the amount sought is within the limit.
Can a tax-collection case be filed as a small claim?
No — a 2022 amendment removed tax-collection cases from the definition.
Why has the dollar limit changed over the years?
It has been raised periodically, most recently in 2005, to keep the small-claims track useful as case values grew.
What rules apply once a case qualifies as a small claim?
Rules 282 through 288 govern how the case is filed, served, and tried.

Committee Comments

(Revised January 1, 2022)

This rule was based on paragraph A of former Rule 9-1 which was in effect from January 1, 1964, to January 1, 1967. The only changes of substance made by the 1967 revision were increasing the upper limit of a small claim from $200 to $500, including tax-collection cases in the definition, and adding the phrase “based on either tort or contract.” The limit was further increased to $1,000 by the 1969 amendment, and to $2,500 by amendment in 1981. Rule 281 was amended in 2005 to increase the jurisdictional limit from $5,000 to $10,000. As the change will require a modification to the allocation of judicial resources, the change was made applicable only to new cases and does not apply to pending cases. Rule 281 was amended effective January 1, 2022, to remove tax collection cases up to $10,000 from being filed as a small claims case.

Amendment History

Amended effective December 15, 1966; amended May 27, 1969, effective July 1, 1969; amended January 5, 1981, effective February 1, 1981; amended December 3, 1996, effective January 1, 1997; amended December 6, 2005, effective January 1, 2006; amended Sept. 29, 2021, eff. Jan. 1, 2022.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
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