Who Can Sue or Be Sued

Any person 18 years or older may file a Small Claims case. Persons under 18 must be represented by a licensed attorney.

Persons and businesses must sue and be sued in their correct legal name. Before filing your lawsuit, check for the correct spelling, address and phone number of the defendant. If you sue an incorporated business, you must use its legal name which may be different from the name you know it by. You can find out if a business is a corporation and obtain its legal name by searching for a company’s Certificate of Good Standing online at http://apps.ilsos.gov/corporatellc/. You might note the name and address of the registered agent, who is one of the persons upon whom summons can be served.

If you intend to sue the owner of an unincorporated business which operates under an assumed name (advertising name, such as “Action Plumbing”) you can find out the name of the owner (whom you must name as the defendant) by consulting the Assumed Name Index in the Office of the County Clerk (located in the lobby of the 1st floor of the Administration Building).

Remember, a judgment against a defendant who is incorrectly named cannot be collected.