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Filing Suit

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chocolates313

Junior Member
What is the name of your state (only U.S. law)? IL

I live in IL. I am wanting to sue someone for money owed. I am unsure of where to file. I live in Madison County and the other person lives near Chicago. Does anyone know if I have to go there to file?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? IL

I live in IL. I am wanting to sue someone for money owed. I am unsure of where to file. I live in Madison County and the other person lives near Chicago. Does anyone know if I have to go there to file?
You have to file in the defendent's jurisdiction.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? IL

I live in IL. I am wanting to sue someone for money owed. I am unsure of where to file. I live in Madison County and the other person lives near Chicago. Does anyone know if I have to go there to file?
In part: Consult the statute for further elements, probably not applicable though.

CIVIL PROCEDURE
(735 ILCS 5/) Code of Civil Procedure.

(735 ILCS 5/Art. II Pt. 1 heading)
Part 1. Venue

(735 ILCS 5/2‑101) (from Ch. 110, par. 2‑101)
Sec. 2‑101. Generally. Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.

If the COA took place in County A, then it matters not if you or he lives in B or C, etc, per 2!
 
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