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Illinois Answer to a Complaint

Illinois gives you 30 calendar days to answer a civil complaint under Supreme Court Rule 181(a). File with the Circuit Court to avoid a default judgment.

Introduction

An Illinois Answer to a Complaint is the written response you file in the Circuit Court after you are served with a civil summons and complaint. It admits or denies each numbered allegation, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own against the plaintiff, can include a counterclaim. In a general civil case, Illinois Supreme Court Rule 181(a) gives you 30 calendar days after the summons is served, exclusive of the day of service, to file your answer or an appropriate motion. Illinois publishes a statewide Supreme Court approved form, the Answer/Response to Complaint/Petition, that you can use, and the caption must follow Illinois Supreme Court Rule 131. You file with the clerk of the Circuit Court named in the summons, and electronic filing is mandatory in civil cases under Illinois Supreme Court Rule 9(a) unless an exemption applies. If you do not appear or plead, the plaintiff can ask the court to enter a default judgment under 735 ILCS 5/2-1301(d), which you would then have to move to vacate within 30 days under 735 ILCS 5/2-1301(e). DocDraft drafts an Illinois-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 30 calendar days. In a general civil case, Illinois Supreme Court Rule 181(a) gives you 30 calendar days after the summons is served, exclusive of the day of service, to file your answer or an appropriate motion.

  2. 2

    Small claims work differently. Under Illinois Supreme Court Rule 286(a), a small claims defendant (claims up to $10,000) appears at the time and place in the summons and need not file a written answer unless the court orders one, in which case the allegations are considered denied.

  3. 3

    Eviction cases also require an appearance, not an answer. Under Illinois Supreme Court Rule 181(b)(2), an eviction defendant appears at the time and place in the summons and need not file an answer unless the court orders one.

  4. 4

    There is a statewide form you can use. Illinois publishes a Supreme Court approved Answer/Response to Complaint/Petition standardized form, and your caption must follow Illinois Supreme Court Rule 131.

  5. 5

    Filing is electronic. Electronic filing is mandatory for civil cases under Illinois Supreme Court Rule 9(a) unless an exemption applies, and you serve the plaintiff electronically through the e-filing system or designated e-mail under Illinois Supreme Court Rule 11(c).

  6. 6

    Fees vary by county, and a waiver exists. Answer filing fees are set by each county's fee schedule. If you cannot afford the fee, you can file an Application for Waiver of Court Fees based on public benefits, income below 125% of the federal poverty guidelines, or substantial hardship.

  7. 7

    Know the Illinois defenses and the counterclaim rule. Common affirmative defenses include payment, release, fraud, duress, and statute of limitations (10 years on a written contract under 735 ILCS 5/13-206), and any claim you have against the plaintiff may be pleaded as a permissive counterclaim under 735 ILCS 5/2-608(a).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS\n[LAW DIVISION / MUNICIPAL DIVISION, AS DESIGNATED IN THE SUMMONS]\n\n[PLAINTIFF NAME],\n Plaintiff,\n v. Case No. [CASE NUMBER]\n[DEFENDANT NAME],\n Defendant.\n\nANSWER/RESPONSE TO COMPLAINT\n\n(Illinois publishes a Supreme Court approved Answer/Response to Complaint/Petition standardized form that may be used instead of this skeleton. The caption above must follow Illinois Supreme Court Rule 131.)\n\nDefendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.\n\nRESPONSES TO ALLEGATIONS\n1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / has insufficient knowledge to admit or deny and therefore denies] the allegations.\n2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / has insufficient knowledge to admit or deny] the allegations.\n[Continue for each numbered paragraph of the Complaint.]\n\nAFFIRMATIVE DEFENSES\nFirst Affirmative Defense: [e.g., the claim is barred by the 10-year statute of limitations on a written contract under 735 ILCS 5/13-206].\nSecond Affirmative Defense: [e.g., the alleged debt has been paid].\n[Add each affirmative defense you intend to rely on, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, or illegality.]\n\nCOUNTERCLAIM (if any)\n[State any claim you have against the Plaintiff. Under 735 ILCS 5/2-608(a) any claim a defendant has against a plaintiff may be pleaded as a counterclaim. Illinois counterclaims are permissive.]\n\nWHEREFORE, Defendant requests that the Court deny the relief sought in the Complaint, enter judgment in Defendant's favor, and grant any further relief the Court deems just.\n\nDated: [DATE]\n[SIGNATURE]\n[DEFENDANT NAME], Defendant\n[ADDRESS / PHONE / E-MAIL]\n\nCERTIFICATE OF SERVICE\nI certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] electronically through the e-filing system or to the designated e-mail address under Illinois Supreme Court Rule 11(c), or by mail or personal delivery if the party has no e-mail.\n[SIGNATURE]

Illinois Requirements for Answer to a Complaint

30-Day Answer Deadline

In a general civil case, file your answer or an appropriate motion within 30 calendar days after the summons is served, exclusive of the day of service, under Illinois Supreme Court Rule 181(a). Note that small claims and eviction cases instead require you to appear at the time and place set in the summons.

Statewide Standardized Form and Format

Illinois publishes a Supreme Court approved Answer/Response to Complaint/Petition standardized form you can use to respond. Whether you use that form or a typed answer, admit or deny each numbered allegation and state your affirmative defenses.

Circuit Court Caption Under Rule 131

Caption the answer for the Circuit Court named in the summons (the Law or Municipal Division depending on the county) and format the caption under Illinois Supreme Court Rule 131. Include the county, case number, and the parties exactly as on the complaint.

File With the Circuit Court Clerk by E-Filing

File the answer with the clerk of the Circuit Court named in the summons. Electronic filing is mandatory for civil cases under Illinois Supreme Court Rule 9(a) unless an exemption applies.

Serve the Plaintiff

Serve a copy of the answer on the plaintiff electronically through the e-filing system or to the designated e-mail address under Illinois Supreme Court Rule 11(c). An unrepresented party without e-mail can be served by mail or personal delivery.

Filing Fee or Fee Waiver

Pay the answer filing fee set by your county's fee schedule. If you cannot afford it, file an Application for Waiver of Court Fees based on receipt of means-tested public benefits, income below 125% of the federal poverty guidelines, or substantial hardship.

Applicable Affirmative Defenses

State any affirmative defenses you intend to rely on, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, or illegality. The statute of limitations on a written contract is 10 years under 735 ILCS 5/13-206, a frequent defense in debt cases.

Counterclaim If Any

If you have a claim against the plaintiff, you may plead it as a counterclaim under 735 ILCS 5/2-608(a). Illinois counterclaims are permissive, so you are not required to bring an unrelated claim with your answer, but you can resolve it in the same case.

Frequently Asked Questions

In a general civil case, Illinois Supreme Court Rule 181(a) gives you 30 calendar days after the summons is served, exclusive of the day of service, to file your answer or an appropriate motion. The rule works differently for small claims and evictions, where you appear at the time and place set in the summons and need not file a written answer unless the court orders one. Missing your deadline can lead to a default judgment.

Usually no. Under Illinois Supreme Court Rule 286(a), a small claims defendant (claims up to $10,000) must appear at the time and place specified in the summons, and if you appear you need not file an answer unless the court orders one. When no answer is ordered, the allegations of the complaint are considered denied. You should still appear on the date set, because failing to appear can result in a default.

Illinois publishes a statewide Supreme Court approved standardized form, the Answer/Response to Complaint/Petition, that you can use to respond. Whether you use the standardized form or a typed answer, the caption must follow Illinois Supreme Court Rule 131. The answer should admit or deny each numbered allegation of the complaint and state any affirmative defenses you intend to rely on.

You file your answer with the clerk of the Circuit Court named in the summons. Electronic filing is mandatory for civil cases under Illinois Supreme Court Rule 9(a) unless an exemption applies. You serve a copy on the plaintiff electronically through the e-filing system or to the designated e-mail address under Illinois Supreme Court Rule 11(c), and unrepresented parties without e-mail can be served by mail or personal delivery.

If you fail to appear or to plead, the court can enter a judgment by default against you under 735 ILCS 5/2-1301(d). You may ask the court to set the default aside by filing a motion within 30 days after the judgment is entered under 735 ILCS 5/2-1301(e), and the court can grant relief on terms it finds reasonable, but the reliable path is to file on time.

Yes. Under 735 ILCS 5/2-608(a), any claim a defendant has against a plaintiff may be pleaded as a counterclaim. Illinois counterclaims are permissive, so you are not forced to bring an unrelated claim with your answer, but pleading it alongside the answer lets the court resolve both disputes in the same case. The counterclaim is filed together with your answer.