New “Justice for Debtor” bill to enable more Illinoisans to participate in small claims court by eliminating appearance fees for defendants, and more.
Every year, around 8,000 cases are filed before the Illinois Court of Claims, according to data from the Illinois Secretary of State. Small claims court handles civil disputes about claims of $10,000 or less, like lawsuits filed over debts for medical bills or unpaid rent, property damage, and lost wages.
Appearing in court can have advantages for defendants: they can assert a defense, and they can negotiate a repayment plan that suits their needs. On the other hand, a court “no-show” can have serious consequences: the judge can issue a default judgement against the defendant. This could lead to their wages being garnished or their assets and property being seized.
Glaves says that while the exact number of missed court appearances in small claims courts across the state is unknown, he estimates that no-shows happen in more than half of small claims cases.
What are appearance fees?
When filing a lawsuit in small claims court, the plaintiff has to pay a filing fee, which is used to create revenue to fund county court systems. In Illinois, defendants—the parties being sued—also have to pay an “appearance fee” before their case goes to trial.
Appearance fees vary by county. In Cook County, appearance fees start at $207, while in Champaign County they range from $207 to $237, and in Vermillion county they range between $160 and $165, according to Illinois Legal Aid Online.
It’s possible to apply for a fee waiver, and a waiver is granted automatically if a plaintiff or defendant meets certain criteria, like receiving food stamps or state assistance, or if “available income” is less than 125% of the Federal Poverty Guidelines.
“If you’re being sued in a consumer debt case, you would have to file an appearance fee, and a lot of the time that’s a deterrent to even participate in the first place, before you could even participate in the first place,” Glaves said.
A new law
Senate bill 1738, the “Justice for Debtor” bill, was signed into law by Governor Pritzker in May and will take effect on Jan. 1 2026.
In addition to eliminating appearance fees, the law will increase the homestead exemption—a legal provision that protects a homeowner’s primary residence from being seized or sold to pay off debts—from $15,00 to $50,000 for a single individual and to $100,000 for two or more people who own the property.
“Its really important that we get people to participate in the first place and for a lot of people, that fee was a barrier,” Glaves said.
According to Glaves, the bill was met with support from all sides, including consumer advocates and creditors. The courts were also in favor of abolishing appearance fees; because few people were showing up to court, the filing fees were an ineffective tool to create revenue.
The benefits of coming to court and participating in the trial are manyfold: they can assert a defense that protects a portion of their assets and wages from being garnished, and they can also negotiate their debt down to a more manageable balance while protecting their credit.
Free legal council is available in Illinois
In order to ensure that defendants are exercising their legal rights, Glaves recommends seeking legal council for representation in court. Free resources and legal representation are offered by Illinois Legal Aid Online, and educational resources to help navigate the state’s legal system can be accessed through Illinois Legal Action.