Illinois Court | Legal Forms – Counterclaims

Counterclaims (for Eviction Answer) – Illinois Court

The “Counterclaims (for Eviction Answer)” form approved by the Illinois Supreme Court is a legal document used in eviction cases to file counterclaims against the landlord. This form must be filed in the Circuit Court of the relevant Illinois county and is available for free on the Illinois Courts website. This form is essential for tenants who have legitimate counterclaims against their landlord in an eviction case, ensuring their grievances are formally presented and considered by the court.

This form is used by tenants in Illinois to file counterclaims against their landlord during an eviction case. Follow these steps to fill out the form correctly:

1. Header Information

• State and County

  • Enter the name of the Illinois county where the eviction case was filed.

• Plaintiffs (Landlord or Owner)

  • Write the full name(s) of the landlord(s) as listed on the eviction complaint.

• Defendants (Tenants or Occupants)

  • Write the full name(s) of the tenant(s) as listed on the eviction complaint.

  • Check the box for “Unknown Occupants” if it was checked on the eviction complaint.

• Case Number

  • Enter the case number exactly as it appears on the eviction complaint.

• Property Address

  • Enter the full address of the property, including unit number, city, state, and ZIP code.

2. Instructions

• Read the Instructions Carefully

  • Ensure you understand that counterclaims must be directly related to the eviction and might incur additional fees.

  • File your counterclaims at the same time as your eviction answer to ensure they are considered.

3. Counterclaims Section

• Detailing Counterclaims

  • First Counterclaim

    • State your first counterclaim against the landlord. Describe the issue and provide supporting facts.

    • Specify the relief or monetary damages you are seeking from the court.

  • Additional Counterclaims

    • If you have more than one counterclaim, repeat the process for each additional claim.

    • Use additional copies of the form if you have more than three counterclaims.

4. Certification

• Verify the Information

  • Read the certification statement carefully. By signing, you are certifying that all information provided is true and correct under penalty of perjury.

• Signature

  • If you are completing the form on a computer, type your name as your signature.

  • If completing by hand, sign your name and print your name clearly.

5. Contact Information

• Enter Your Information

  • Provide your full street address, city, state, ZIP code, telephone number, and email address.

  • Use an email account you check daily to ensure you receive important court communications.

6. Filing the Form

• Submit the Form

  • File the completed form with the Circuit Court in the county where the eviction case was filed.

  • Ensure you submit the form along with your eviction answer to avoid delays or rejection.

Additional Tips

• Seek Legal Advice

  • Consider consulting with a lawyer to ensure your counterclaims are valid and properly documented.

• Check for Fees

  • Be aware that filing counterclaims might incur additional fees. Check with the court clerk for the exact amount.

• Keep Copies

  • Make copies of the completed form for your records before submitting it to the court.

By following these steps, you can ensure that your counterclaims are properly presented and considered in your eviction case.