How to collect unpaid invoices in Illinois: lien deadlines, consent law, and small claims

Illinois's eavesdropping statute (720 ILCS 5/14-1 et seq.) was significantly revised by the Illinois Supreme Court in 2014 and by the legislature in 2015. Under the current version, recording a private conversation requires the consent of at least one party to the conversation -- which means a caller can record without notifying the other party. This places Illinois firmly in the one-party consent category for business phone calls. Syntharra's calls to Illinois customers can record without a mandatory disclosure, though disclosing the recording at the opening of the call remains standard practice.

Illinois mechanic's lien law (770 ILCS 60/) requires any contractor, subcontractor, or materialman to file a claim for lien in the circuit court of the county where the property is located within 4 months after the completion of their contract -- or within 4 months after the last work performed or last materials furnished. For a job completed June 15, the lien must be filed by October 15. Filing is in the circuit court clerk's office of the county where the property is located. A suit to enforce the lien must be filed within 2 years of the date the lien was filed.

Illinois does not require a preliminary notice before filing a mechanic's lien for direct contractors. Subcontractors in Illinois also lack a statutory preliminary notice requirement in most cases, though serving notice on the owner informally at the start of a GC-managed project is a common practice that strengthens the lien claim later. The key Illinois mechanic's lien trap is the 4-month window -- it is shorter than Pennsylvania (6 months), Georgia (90 days, which is approximately 3 months), and New York (4 to 8 months). Mark the deadline the day the job closes.

Illinois Circuit Court handles small claims under the Simplified Civil Procedure Rules for claims up to $10,000. Filing fees are $75 to $150. Cases are typically scheduled within 30 to 60 days. No attorney is required, and most trade contractors can represent themselves effectively with a clear invoice, a signed contract, and documentation of work performed. For claims above $10,000, the full Civil Division of Circuit Court applies and attorney representation becomes practical.

The Illinois statute of limitations on written contracts is 5 years (735 ILCS 5/13-205). Oral contracts and unwritten agreements have a 5-year limit under the same statute, which treats them equivalently. The limitations period begins when the cause of action accrues, typically when payment was due and refused. Illinois courts have held that a partial payment can restart the limitations clock in some circumstances, so document payment history carefully on long-term customer relationships.