CaseDefenderby Consumer Warrior

When is my Answer due in Illinois?

Sued over a debt in Illinois? Look at the first page of your summons. If it says to answer or appear within 30 days, you have 30 days from the day you were served. If it names a specific court date, that date is your deadline and you must appear that day.

Calculate your Answer deadline

Uses Illinois Supreme Court Rules 101, 181, 281, and 286, the Statute on Statutes (5 ILCS 70/1.11), and the Illinois Supreme Court's court holiday order. Free.

The day the papers reached you. Don't worry about counting — the day you were served is not counted, and we handle that.

If the papers were left with someone else at your home and a copy was mailed to you, Illinois starts the clock on the day they were left at your home, not the day the copy was mailed.

Illinois uses two kinds of summons. Check the first page: it either gives you 30 days, or it names a specific day to come to court.

Enter your email to see your deadline.

Pick the date, enter your email, and check the box to calculate.

This calculator gives general information based on Illinois's court rules. It cannot give you an official date — only the court can. To be sure, call the court clerk at the phone number on your papers.

What happens if you miss the deadline

If you don't file a written Answer in time, the company suing you can ask the court to win automatically. That is called a default judgment, and it is how most of these cases end. About 95% of people never respond. Once the company has a judgment, it can ask to take money from your paycheck or freeze your bank account.

Filing an Answer stops the automatic win. It makes the company prove its case. Debt buyers often can't, because the paperwork gets lost as debts are sold from company to company.

Official rules

Common questions

Does the day I was served count?

No. The court rules say to skip the day you got the papers and start counting the next day. Day 1 is the day after you were served.

Do weekends and holidays count?

Yes, every day counts, including weekends and holidays. There is one exception: if your last day lands on a Saturday, Sunday, or court holiday, you get until the next day the court is open. The calculator handles this for you.

What if the papers were left with someone at my home?

The clock usually starts the day the papers were left, even if you were not there. If you got the papers some other way, by mail or through a notice in a newspaper, the start date can be different. Call the court clerk at the number on your papers and ask when your response is due.

What if my deadline has already passed?

Act fast, but don't give up. Courts often accept an Answer right up until the company suing you asks the court to win automatically (a "default judgment"). Even after a default judgment, it can sometimes be undone if you move quickly.

Why are there two kinds of summons in Illinois?

Most Illinois lawsuits use a summons that gives you 30 days from the day you were served to file a written Answer or appearance. But small claims cases, and some other cases depending on the county, use a summons that names a specific day to come to court instead. The first page of your summons tells you which one you have, and the two work very differently, so check it carefully.

My papers say small claims. Do I file an Answer?

Usually not. In Illinois small claims ($10,000 or less), you must show up at the time and place printed on the summons, but you don't file a written Answer unless the judge orders one. When you appear, the court treats everything in the complaint as denied and you can explain your side. If you don't appear, the company can win automatically.

The papers were left with someone at my home. When does the clock start?

On the day they were left there. Illinois lets the sheriff or process server leave the papers with an adult who lives with you and then mail you a copy. Your 30 days count from the day the papers were left at your home, not from the day the copy was mailed, and not from the day you actually saw them.

Do extra court holidays change my date?

They can. Illinois law can extend a deadline that lands on a legal holiday like Casimir Pulaski Day, Good Friday, or Election Day, and many courthouses also close the day after Thanksgiving. But not every court treats those days the same way, so our calculator doesn't count on them. The date it shows is never later than your real deadline. Illinois courts accept online filing, so you can file even on a day the building is closed.

Need to file an Answer?

CaseDefender walks you through writing your own Answer, question by question, in plain English, so you can file it before your deadline.

Start my Answer

One important thing

CaseDefender is an online provider of legal fill-in-the-blank forms and general legal information. CaseDefender is not a law firm, does not act as your attorney, is not affiliated with any law firm, and does not provide legal advice or legal representation. CaseDefender's forms, courses, and other products are not a substitute for the advice of an attorney. No attorney-client relationship and no attorney-client privilege is created by using this service. You are representing yourself. Any document you produce is your own document: you are solely responsible for reviewing it for accuracy, for every legal decision you make, for confirming it complies with the rules of your court, and for filing and serving it on time. Court rules, deadlines, and the law vary by state and by court, and they are strict. CaseDefender cannot guarantee any result and is not responsible for the outcome of your case. If you want advice about your situation, consult a licensed attorney in your state; your state bar association maintains a referral directory.