Full Text of SB0636 95th General Assembly
SB0636 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0636
Introduced 2/8/2007, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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Amends the Clerks of Courts Act. Provides that the filing fees for landlords and tenants, varying by county population size, are reduced: a plaintiff's filing fee is a minimum of $5 and a maximum of $165 (at present, $10 minimum and $335 maximum) and a defendant's appearance filing fee is a minimum of $5 and a maximum of $40 (at present, $10 minimum and $90 maximum). Amends the Code of Civil Procedure. Provides that 4 categories of forcible entry and detainer actions shall be treated as expedited proceedings: forcible entry; peaceable entry and possession unlawfully withheld; entry upon vacant or unoccupied lands; and lessee holds possession after lease termination or notice to quit. Provides that time limits for certain provisions are reduced: posted notice, 5 days (at present, 10 days); stay of enforcement, no more than 5 days (at present, 7 days); sheriff's execution of an order, within 5 days (at present, 7 days); time between notice by a verified complaint and a hearing, at least 7 days (at present, 14 days); no continuance beyond 5 days (at present, 7 days); and a notice to terminate tenancy from week to week, at least 5 days (at present, 7 days). Effective immediately. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB0636 |
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LRB095 10595 AJO 30817 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clerks of Courts Act is amended by changing | 5 |
| Sections 27.1a, 27.2, and 27.2a as follows:
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| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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| Sec. 27.1a. The fees of the clerks of the circuit court in | 8 |
| all
counties having a population of not more than
500,000 | 9 |
| inhabitants in the instances described in this Section
shall be | 10 |
| as provided in this Section.
In those instances where a minimum | 11 |
| and maximum fee is stated, the clerk of
the circuit court must | 12 |
| charge the minimum fee listed and may charge up to the
maximum | 13 |
| fee if the county board has by resolution increased the fee.
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| The fees shall be paid in advance and
shall be as follows:
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| (a) Civil Cases.
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| The fee for filing a complaint, petition, or other | 17 |
| pleading initiating
a civil action, with the following | 18 |
| exceptions, shall be a minimum of $40 and
a maximum of | 19 |
| $160.
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| (A) When the amount of money or damages or the | 21 |
| value of personal
property claimed does not exceed | 22 |
| $250, $10.
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| (B) When that amount exceeds $250 but does not |
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| exceed $500, a minimum
of $10 and a maximum of $20.
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| (C) When that amount exceeds $500 but does not | 3 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
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| (D) When that amount exceeds $2500 but does not | 5 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
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| (E) For the exercise of eminent domain, a minimum | 7 |
| of $45 and
a maximum of $150. For each additional
lot | 8 |
| or tract of land or right or interest therein subject | 9 |
| to be condemned,
the damages in respect to which shall | 10 |
| require separate assessment by a
jury, a minimum of $45 | 11 |
| and a maximum of $150.
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| (a-1) Family.
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| For filing a petition under the Juvenile Court Act of | 14 |
| 1987, $25.
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| For filing a petition for a marriage license, $10.
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| For performing a marriage in court, $10.
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| For filing a petition under the Illinois Parentage Act | 18 |
| of 1984, $40.
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| (b) Forcible Entry and Detainer.
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| In each forcible entry and detainer case when the | 21 |
| plaintiff seeks
possession only or unites with his or her | 22 |
| claim for possession of the property
a claim for rent or | 23 |
| damages or both in the amount of $15,000 or less, a
minimum | 24 |
| of $5
$10 and a maximum of $25
$50 .
When the plaintiff | 25 |
| unites his or her claim for possession with a claim for
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| rent or damages or both exceeding $15,000, a minimum of $20
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| $40 and a maximum of $80
$160 .
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| (c) Counterclaim or Joining Third Party Defendant.
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| When any defendant files a counterclaim as part of his | 4 |
| or her
answer or otherwise or joins another party as a | 5 |
| third party defendant, or
both, the defendant shall pay a | 6 |
| fee for each counterclaim or third
party action in an | 7 |
| amount equal to the fee he or she would have had to pay
had | 8 |
| he or she brought a separate action for the relief sought | 9 |
| in the
counterclaim or against the third party defendant, | 10 |
| less the amount of the
appearance fee, if that has been | 11 |
| paid.
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| (d) Confession of Judgment.
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| In a confession of judgment when the amount does not | 14 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When | 15 |
| the amount exceeds $1500, but does not exceed $15,000, a
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| minimum of $40 and a maximum of $115. When the
amount | 17 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
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| (e) Appearance.
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| The fee for filing an appearance in each civil case | 20 |
| shall be a minimum of
$15 and a maximum of $60,
except as | 21 |
| follows:
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| (A) When the plaintiff in a forcible entry and | 23 |
| detainer case seeks
possession only, a minimum of $5
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| $10 and a maximum of $25
$50 .
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| (B) When the amount in the case does not exceed | 26 |
| $1500, a minimum of $5
$10 and a maximum of $15
$30 .
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| (C) When that amount exceeds $1500 but does not | 2 |
| exceed $15,000, a
minimum of $5
$15 and a maximum of | 3 |
| $30
$60 .
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| (f) Garnishment, Wage Deduction, and Citation.
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| In garnishment affidavit, wage deduction affidavit, | 6 |
| and citation
petition when the amount does not exceed | 7 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the | 8 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 9 |
| of $5 and a maximum of
$30; and when the amount exceeds
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| $5,000, a minimum of $5 and a maximum of $50.
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| (g) Petition to Vacate or Modify.
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| (1) Petition to vacate or modify any final judgment or | 13 |
| order of
court, except in forcible entry and detainer cases | 14 |
| and small claims cases
or a petition to reopen an estate, | 15 |
| to modify, terminate, or enforce a
judgment or order for | 16 |
| child or spousal support, or to modify, suspend, or
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| terminate an order for withholding, if filed before 30 days | 18 |
| after the entry
of the judgment or order, a minimum of $20 | 19 |
| and a maximum of $50.
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| (2) Petition to vacate or modify any final judgment or | 21 |
| order of court,
except a petition to modify, terminate, or | 22 |
| enforce a judgment or order for
child or spousal support or | 23 |
| to modify, suspend, or terminate an order for
withholding, | 24 |
| if filed later than 30 days after the entry of the judgment | 25 |
| or
order, a minimum of $20 and a maximum of $75.
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| (3) Petition to vacate order of bond forfeiture, a |
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| minimum of $10 and a
maximum of $40.
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| (h) Mailing.
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| When the clerk is required to mail, the fee will be a | 4 |
| minimum of $2 and a
maximum of $10,
plus the cost of | 5 |
| postage.
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| (i) Certified Copies.
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| Each certified copy of a judgment after the first, | 8 |
| except in small
claims and forcible entry and detainer | 9 |
| cases, a minimum of $2 and a maximum
of $10.
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| (j) Habeas Corpus.
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| For filing a petition for relief by habeas corpus, a | 12 |
| minimum of $60 and a
maximum of $100.
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| (k) Certification, Authentication, and Reproduction.
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| (1) Each certification or authentication for taking | 15 |
| the acknowledgment
of a deed or other instrument in writing | 16 |
| with the seal of office, a minimum
of $2 and a maximum of | 17 |
| $6.
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| (2) Court appeals when original documents are | 19 |
| forwarded, under 100 pages,
plus delivery and costs, a | 20 |
| minimum of $20 and a maximum of $60.
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| (3) Court appeals when original documents are | 22 |
| forwarded, over 100 pages,
plus delivery and costs, a | 23 |
| minimum of $50 and a maximum of $150.
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| (4) Court appeals when original documents are | 25 |
| forwarded, over 200
pages, an additional fee of a minimum | 26 |
| of 20 cents and a maximum of 25 cents per page.
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| (5) For reproduction of any document contained in the | 2 |
| clerk's files:
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| (A) First page, a minimum of $1 and a maximum
of | 4 |
| $2.
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| (B) Next 19 pages, 50 cents per page.
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| (C) All remaining pages, 25 cents per page.
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| (l) Remands.
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| In any cases remanded to the Circuit Court from the | 9 |
| Supreme Court
or the Appellate Court for a new trial, the | 10 |
| clerk shall file the remanding
order and reinstate the case | 11 |
| with either its original number or a new number.
The Clerk | 12 |
| shall not charge any new or additional fee for the | 13 |
| reinstatement.
Upon reinstatement the Clerk shall advise | 14 |
| the parties of the reinstatement. A
party shall have the | 15 |
| same right to a jury trial on remand and reinstatement as
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| he or she had before the appeal, and no additional or new | 17 |
| fee or charge shall
be made for a jury trial after remand.
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| (m) Record Search.
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| For each record search, within a division or municipal | 20 |
| district, the
clerk shall be entitled to a search fee of a | 21 |
| minimum of $4 and a maximum of
$6 for each year searched.
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| (n) Hard Copy.
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| For each page of hard copy print output, when case | 24 |
| records are
maintained on an automated medium, the clerk | 25 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 26 |
| of $6.
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| (o) Index Inquiry and Other Records.
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| No fee shall be charged for a single | 3 |
| plaintiff/defendant index inquiry
or single case record | 4 |
| inquiry when this request is made in person and the
records | 5 |
| are maintained in a current automated medium, and when no | 6 |
| hard copy
print output is requested. The fees to be charged | 7 |
| for management records,
multiple case records, and | 8 |
| multiple journal records may be specified by the
Chief | 9 |
| Judge pursuant to the guidelines for access and | 10 |
| dissemination of
information approved by the Supreme | 11 |
| Court.
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| (p) (Blank).
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| a minimum of $25 and a maximum
of $50
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| (q) Alias Summons.
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| For each alias summons or citation issued by the clerk, | 16 |
| a minimum of $2
and a maximum of $5.
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| (r) Other Fees.
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| Any fees not covered in this Section shall be set by | 19 |
| rule or
administrative order of the Circuit Court with the | 20 |
| approval of the
Administrative Office of the Illinois | 21 |
| Courts.
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| The clerk of the circuit court may provide additional | 23 |
| services for
which there is no fee specified by statute in | 24 |
| connection with the operation
of the clerk's office as may | 25 |
| be requested by the public and agreed to by
the clerk and | 26 |
| approved by the chief judge of the circuit court. Any
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| charges for additional services shall be as agreed to
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| between the clerk and the party making the request and | 3 |
| approved by the
chief judge of the circuit court. Nothing | 4 |
| in this
subsection shall be construed to require any clerk | 5 |
| to provide any service
not otherwise required by law.
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| (s) Jury Services.
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| The clerk shall be entitled to receive, in addition to | 8 |
| other fees
allowed by law, the sum of a minimum of $62.50 | 9 |
| and a maximum of $212.50, as a fee for the services of a | 10 |
| jury in
every civil action not quasi-criminal in its nature | 11 |
| and not a proceeding
for the exercise of the right of | 12 |
| eminent domain and in every other action
wherein the right | 13 |
| of trial by jury is or may be given by law. The jury fee
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| shall be paid by the party demanding a jury at the time of | 15 |
| filing the jury
demand. If the fee is not paid by either | 16 |
| party, no jury shall be called in
the action or proceeding, | 17 |
| and the same shall be tried by the court without
a jury.
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| (t) Voluntary Assignment.
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| For filing each deed of voluntary assignment, a minimum | 20 |
| of $10 and a
maximum of $20; for recording
the same, a | 21 |
| minimum of 25 cents and a maximum of 50 cents for each
100 | 22 |
| words. Exceptions filed to claims presented
to an assignee | 23 |
| of a debtor who has made a voluntary assignment for the
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| benefit of creditors shall be considered and treated, for | 25 |
| the purpose of
taxing costs therein, as actions in which | 26 |
| the party or parties filing
the exceptions shall be |
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| considered as party or parties plaintiff, and
the claimant | 2 |
| or claimants as party or parties defendant, and those
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| parties respectively shall pay to the clerk the same fees
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| as provided by this Section to be paid in other actions.
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| (u) Expungement Petition.
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| The clerk shall be entitled to receive a fee of a | 7 |
| minimum of $15 and a
maximum of $60 for each
expungement | 8 |
| petition filed and an additional fee of a minimum of $2 and | 9 |
| a
maximum of $4 for each certified
copy of an order to | 10 |
| expunge arrest records.
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| (v) Probate.
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| The clerk is entitled to receive the fees
specified in | 13 |
| this subsection (v), which shall be paid in advance,
except | 14 |
| that, for good cause shown, the court may suspend, reduce, | 15 |
| or
release the costs payable under this subsection:
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| (1) For administration of the estate of a decedent | 17 |
| (whether testate
or intestate) or of a missing person, a | 18 |
| minimum of $50 and a maximum of
$150, plus the fees | 19 |
| specified in
subsection (v)(3), except:
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| (A) When the value of the real and personal | 21 |
| property does not exceed
$15,000, the fee shall be a | 22 |
| minimum of $25 and a maximum of $40.
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| (B) When (i) proof of heirship alone is made, (ii) | 24 |
| a domestic or
foreign will is admitted to probate | 25 |
| without administration (including
proof of heirship), | 26 |
| or (iii) letters of office are issued for a particular
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| purpose without administration of the estate, the fee | 2 |
| shall be a minimum of
$10 and a maximum of $40.
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| (C) For filing a petition to sell Real Estate, $50.
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| (2) For administration of the estate of a ward, a | 5 |
| minimum of $50 and a
maximum of $75,
plus the fees | 6 |
| specified in subsection (v)(3), except:
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| (A) When the value of the real and personal | 8 |
| property does not exceed
$15,000, the fee shall be a | 9 |
| minimum of $25 and a maximum of $40.
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| (B) When (i) letters of office are issued to a | 11 |
| guardian of the person
or persons,
but not of the | 12 |
| estate or (ii) letters of office are issued in the | 13 |
| estate of
a ward without administration of the estate, | 14 |
| including filing or joining in
the filing of a tax | 15 |
| return or releasing a mortgage or consenting to the
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| marriage of the ward, the fee shall be a minimum of $10 | 17 |
| and a maximum of
$20.
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| (C) For filing a Petition to sell Real Estate, $50.
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| (3) In addition to the fees payable under subsection | 20 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 21 |
| payable:
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| (A) For each account (other than one final account) | 23 |
| filed in the
estate of a decedent, or ward, a minimum | 24 |
| of $10 and a maximum of $25.
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| (B) For filing a claim in an estate when the amount | 26 |
| claimed is $150
or more but less than $500, a minimum |
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| of $10 and a maximum of $25;
when the amount claimed is | 2 |
| $500 or more
but less than $10,000, a minimum of $10 | 3 |
| and a maximum of $40; when
the amount claimed is | 4 |
| $10,000 or more, a minimum of $10 and a maximum of
$60; | 5 |
| provided that the court in allowing a claim may add to | 6 |
| the
amount
allowed the filing fee paid by the claimant.
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| (C) For filing in an estate a claim, petition, or | 8 |
| supplemental
proceeding based upon an action seeking | 9 |
| equitable relief including the
construction or contest | 10 |
| of a will, enforcement of a contract to make a
will, | 11 |
| and proceedings involving testamentary trusts or the | 12 |
| appointment of
testamentary trustees, a minimum of $40 | 13 |
| and a maximum of $60.
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| (D) For filing in an estate (i) the appearance of | 15 |
| any person for the
purpose of consent or (ii) the | 16 |
| appearance of an executor, administrator,
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| administrator to collect, guardian, guardian ad litem, | 18 |
| or special
administrator, no fee.
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| (E) Except as provided in subsection (v)(3)(D), | 20 |
| for filing the
appearance of any person or persons, a | 21 |
| minimum of $10 and a maximum of $30.
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| (F) For each jury demand, a minimum of $62.50 and a | 23 |
| maximum of
$137.50.
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| (G) For disposition of the collection of a judgment | 25 |
| or settlement of
an action or claim for wrongful death | 26 |
| of a decedent or of any cause of
action of a ward, when |
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| there is no other administration of the estate, a
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| minimum of $30 and a maximum of $50,
less any amount | 3 |
| paid under subsection (v)(1)(B) or (v)(2)(B) except | 4 |
| that if
the amount involved does not exceed $5,000, the | 5 |
| fee, including any amount
paid under subsection | 6 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
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| maximum of $20.
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| (H) For each certified copy of letters of office, | 9 |
| of court order or
other certification, a minimum of $1 | 10 |
| and a maximum of $2, plus a
minimum of 50 cents and a | 11 |
| maximum of $1 per page in excess of 3 pages
for the
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| document certified.
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| (I) For each exemplification, a minimum of $1 and a | 14 |
| maximum of $2, plus the fee for certification.
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| (4) The executor, administrator, guardian, petitioner,
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| or other interested person or his or her attorney shall pay | 17 |
| the cost of
publication by the clerk directly to the | 18 |
| newspaper.
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| (5) The person on whose behalf a charge is incurred for | 20 |
| witness,
court reporter, appraiser, or other miscellaneous | 21 |
| fee shall pay the same
directly to the person entitled | 22 |
| thereto.
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| (6) The executor, administrator, guardian, petitioner, | 24 |
| or other
interested person or his or her attorney shall pay | 25 |
| to the clerk all postage
charges incurred by the clerk in | 26 |
| mailing petitions, orders, notices, or
other documents |
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| pursuant to the provisions of the Probate Act of 1975.
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| (w) Criminal and Quasi-Criminal Costs and Fees.
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| (1) The clerk shall be entitled to costs in all | 4 |
| criminal
and quasi-criminal cases from each person | 5 |
| convicted or sentenced to
supervision therein as follows:
| 6 |
| (A) Felony complaints, a minimum of $40 and a | 7 |
| maximum of $100.
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| (B) Misdemeanor complaints, a minimum of $25 and a | 9 |
| maximum of $75.
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| (C) Business offense complaints, a minimum of $25 | 11 |
| and a maximum of
$75.
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| (D) Petty offense complaints, a minimum of $25 and | 13 |
| a maximum of $75.
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| (E) Minor traffic or ordinance violations, $10.
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| (F) When court appearance required, $15.
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| (G) Motions to vacate or amend final orders, a | 17 |
| minimum of $20 and a
maximum of $40.
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| (H) Motions to vacate bond forfeiture orders, a | 19 |
| minimum of $20 and
a maximum of $40.
| 20 |
| (I) Motions to vacate ex parte judgments, whenever | 21 |
| filed, a minimum of
$20 and a maximum of $40.
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| (J) Motions to vacate judgment on forfeitures, | 23 |
| whenever filed, a
minimum of $20 and a maximum of $40.
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| (K) Motions to vacate "failure to appear" or | 25 |
| "failure to comply"
notices sent to the Secretary of | 26 |
| State, a minimum of $20 and a maximum of
$40.
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| (2) In counties having a population of not
more
than | 2 |
| 500,000 inhabitants, when the violation complaint is
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| issued by a
municipal police department, the clerk shall be | 4 |
| entitled to costs from each
person convicted therein as | 5 |
| follows:
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| (A) Minor traffic or ordinance violations, $10.
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| (B) When court appearance required, $15.
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| (3) In ordinance violation cases punishable by fine | 9 |
| only, the clerk
of the circuit court shall be entitled to | 10 |
| receive, unless the fee is
excused upon a finding by the | 11 |
| court that the defendant is indigent, in
addition to other | 12 |
| fees or costs allowed or imposed by law, the sum of a
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| minimum of $62.50 and a maximum of $137.50
as a fee for the | 14 |
| services of a jury. The jury fee shall be paid by the
| 15 |
| defendant at the time of filing his or her jury demand. If | 16 |
| the fee is not
so paid by the defendant, no jury shall be | 17 |
| called, and the case shall be
tried by the court without a | 18 |
| jury.
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| (x) Transcripts of Judgment.
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| For the filing of a transcript of judgment, the clerk | 21 |
| shall be entitled
to the same fee as if it were the | 22 |
| commencement of a new suit.
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| (y) Change of Venue.
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| (1) For the filing of a change of case on a change of | 25 |
| venue, the clerk
shall be entitled to the same fee as if it | 26 |
| were the commencement of a new suit.
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| (2) The fee for the preparation and certification of a | 2 |
| record on a
change of venue to another jurisdiction, when | 3 |
| original documents are
forwarded, a minimum of $10 and a | 4 |
| maximum of $40.
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| (z) Tax objection complaints.
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| For each tax objection complaint containing one or more | 7 |
| tax
objections, regardless of the number of parcels | 8 |
| involved or the number of
taxpayers joining on the | 9 |
| complaint, a minimum of $10 and a maximum of $50.
| 10 |
| (aa) Tax Deeds.
| 11 |
| (1) Petition for tax deed, if only one parcel is | 12 |
| involved, a minimum of
$45 and a maximum of $200.
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| (2) For each additional parcel, add a fee of a minimum | 14 |
| of $10 and a
maximum of $60.
| 15 |
| (bb) Collections.
| 16 |
| (1) For all collections made of others, except the | 17 |
| State and county
and except in maintenance or child support | 18 |
| cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 19 |
| of
the amount collected and turned over.
| 20 |
| (2) Interest earned on any funds held by the clerk | 21 |
| shall be turned
over to the county general fund as an | 22 |
| earning of the office.
| 23 |
| (3) For any check, draft, or other bank instrument | 24 |
| returned to the
clerk for non-sufficient funds, account | 25 |
| closed, or
payment stopped, $25.
| 26 |
| (4) In child support and maintenance cases, the clerk, |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| if authorized by an
ordinance of the county board, may | 2 |
| collect an annual fee of up to $36 from
the person making | 3 |
| payment for maintaining child support records and the
| 4 |
| processing of support orders to the State of Illinois KIDS | 5 |
| system and the
recording of payments issued by the State | 6 |
| Disbursement Unit for the official
record of the Court. | 7 |
| This fee shall be in addition
to and separate from amounts | 8 |
| ordered to be paid as maintenance or child
support and | 9 |
| shall be deposited into a Separate Maintenance and Child | 10 |
| Support
Collection Fund, of which the clerk shall be the | 11 |
| custodian, ex-officio, to
be used by the clerk to maintain | 12 |
| child support orders and record all payments
issued by the | 13 |
| State Disbursement Unit for the official record of the | 14 |
| Court.
The clerk may recover from the person making the | 15 |
| maintenance or child support
payment any additional cost | 16 |
| incurred in the collection of this annual
fee.
| 17 |
| The clerk shall also be entitled to a fee of $5 for | 18 |
| certifications made
to the Secretary of State as provided | 19 |
| in Section 7-703 of the Family
Financial Responsibility Law | 20 |
| and these fees shall also be deposited into the
Separate | 21 |
| Maintenance and Child Support Collection Fund.
| 22 |
| (cc) Corrections of Numbers.
| 23 |
| For correction of the case number, case
title, or | 24 |
| attorney computer identification number, if required by | 25 |
| rule of
court, on any document filed in the clerk's office, | 26 |
| to be charged against
the party that filed the document, a |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| minimum of $10 and a maximum of $25.
| 2 |
| (dd) Exceptions.
| 3 |
| (1) The fee requirements of this Section shall not | 4 |
| apply to police
departments or other law enforcement | 5 |
| agencies. In this Section, "law
enforcement agency" means | 6 |
| an agency of the State or a unit of local
government which | 7 |
| is vested by law or ordinance with the duty to maintain
| 8 |
| public order and to enforce criminal laws or ordinances. | 9 |
| "Law enforcement
agency" also means the Attorney General or | 10 |
| any state's attorney.
| 11 |
| (2) No fee provided herein shall be charged to any unit | 12 |
| of local
government or school district.
| 13 |
| (3) The fee requirements of this Section shall not | 14 |
| apply to any action
instituted under subsection (b) of | 15 |
| Section 11-31-1 of the Illinois Municipal
Code by a private | 16 |
| owner or tenant of real property within 1200 feet of a
| 17 |
| dangerous or unsafe building seeking an order compelling | 18 |
| the owner or owners of
the building to take any of the | 19 |
| actions authorized under that subsection.
| 20 |
| (4) The fee requirements of this Section shall not | 21 |
| apply to the filing of
any
commitment petition or petition | 22 |
| for an order authorizing the administration of
authorized
| 23 |
| involuntary treatment in the form of medication under the | 24 |
| Mental Health and
Developmental Disabilities Code.
| 25 |
| (ee) Adoptions.
| 26 |
| (1) For an adoption ..............................$65
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (2) Upon good cause shown, the court may waive the | 2 |
| adoption filing fee in
a special needs adoption. The term | 3 |
| "special needs adoption" shall have the
meaning ascribed to | 4 |
| it by the Illinois Department of Children and Family
| 5 |
| Services.
| 6 |
| (ff) Adoption exemptions.
| 7 |
| No fee other than that set forth in subsection (ee) | 8 |
| shall be charged to any
person in connection with an | 9 |
| adoption proceeding nor may any fee be charged for
| 10 |
| proceedings for the appointment of a confidential | 11 |
| intermediary under the
Adoption Act.
| 12 |
| (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | 13 |
| eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | 14 |
| revised 9-5-03.)
| 15 |
| (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| 16 |
| Sec. 27.2. The fees of the clerks of the circuit court in | 17 |
| all
counties having a population in excess of 500,000 | 18 |
| inhabitants
but less than 3,000,000 inhabitants in the | 19 |
| instances described in this Section
shall be as provided in | 20 |
| this Section.
In those instances where a minimum and maximum | 21 |
| fee is stated, counties with
more than 500,000 inhabitants but | 22 |
| less than 3,000,000 inhabitants must charge
the minimum fee | 23 |
| listed in this Section and may charge up to the maximum fee if
| 24 |
| the county board has by resolution increased the fee.
In | 25 |
| addition, the minimum fees authorized in this
Section shall |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| apply to all units of local government and school districts
in | 2 |
| counties with more than 3,000,000 inhabitants. The fees shall | 3 |
| be paid
in advance and shall be as follows:
| 4 |
| (a) Civil Cases.
| 5 |
| The fee for filing a complaint, petition, or other | 6 |
| pleading initiating
a civil action, with the following | 7 |
| exceptions, shall be a minimum of $150
and a maximum of | 8 |
| $190.
| 9 |
| (A) When the amount of money or damages or the | 10 |
| value of personal
property claimed does not exceed | 11 |
| $250, a minimum of $10 and a maximum of
$15.
| 12 |
| (B) When that amount exceeds $250 but does not | 13 |
| exceed $1,000, a minimum of $20 and a maximum of $40.
| 14 |
| (C) When that amount exceeds $1,000 but does not | 15 |
| exceed
$2500, a minimum
of $30 and a maximum of $50.
| 16 |
| (D) When that amount exceeds $2500 but does not | 17 |
| exceed $5,000, a minimum of $75 and a maximum of $100.
| 18 |
| (D-5) When the amount exceeds $5,000 but does not | 19 |
| exceed $15,000, a
minimum of $75 and a maximum of $150.
| 20 |
| (E) For the exercise of eminent domain, $150. For | 21 |
| each
additional lot or tract of land or right or | 22 |
| interest therein subject to be
condemned, the damages | 23 |
| in respect to which shall require separate
assessment | 24 |
| by a jury, $150.
| 25 |
| (F) No fees shall be charged by the clerk to a | 26 |
| petitioner in any
order of
protection including, but |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| not limited to, filing, modifying, withdrawing,
| 2 |
| certifying, or
photocopying petitions for orders of | 3 |
| protection, or for issuing alias summons,
or for any
| 4 |
| related filing service, certifying, modifying, | 5 |
| vacating, or
photocopying any
orders of protection.
| 6 |
| (b) Forcible Entry and Detainer.
| 7 |
| In each forcible entry and detainer case when the | 8 |
| plaintiff seeks
possession only or unites with his or her | 9 |
| claim for possession of the property
a claim for rent or | 10 |
| damages or both in the amount of $15,000 or less, a
minimum | 11 |
| of $20
$40 and a maximum of $35
$75 .
When the plaintiff | 12 |
| unites his or her claim for possession with a claim for
| 13 |
| rent or damages or both exceeding $15,000, a minimum of $75
| 14 |
| $150 and a
maximum of $110
$225 .
| 15 |
| (c) Counterclaim or Joining Third Party Defendant.
| 16 |
| When any defendant files a counterclaim as part of his | 17 |
| or her
answer or otherwise or joins another party as a | 18 |
| third party defendant, or
both, the defendant shall pay a | 19 |
| fee for each counterclaim or third
party action in an | 20 |
| amount equal to the fee he or she would have had to pay
had | 21 |
| he or she brought a separate action for the relief sought | 22 |
| in the
counterclaim or against the third party defendant, | 23 |
| less the amount of the
appearance fee, if that has been | 24 |
| paid.
| 25 |
| (d) Confession of Judgment.
| 26 |
| In a confession of judgment when the amount does not |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| exceed $1500, a
minimum of $50 and a maximum of $60. When | 2 |
| the amount exceeds
$1500, but does not exceed $5,000, $75.
| 3 |
| When the amount exceeds $5,000, but does not exceed
| 4 |
| $15,000, $175.
When the amount exceeds $15,000, a minimum | 5 |
| of $200 and a maximum of
$250.
| 6 |
| (e) Appearance.
| 7 |
| The fee for filing an appearance in each civil case | 8 |
| shall be a minimum
of $50 and a maximum of $75,
except as | 9 |
| follows:
| 10 |
| (A) When the plaintiff in a forcible entry and | 11 |
| detainer case seeks
possession only, a minimum of $10
| 12 |
| $20 and a maximum of $20
$40 .
| 13 |
| (B) When the amount in the case does not exceed | 14 |
| $1500, a minimum of $10
$20 and a maximum of $20
$40 .
| 15 |
| (C) When the amount in the case exceeds $1500 but | 16 |
| does
not exceed $15,000, a minimum of $20
$40 and a | 17 |
| maximum of $30
$60 .
| 18 |
| (f) Garnishment, Wage Deduction, and Citation.
| 19 |
| In garnishment affidavit, wage deduction affidavit, | 20 |
| and citation
petition when the amount does not exceed | 21 |
| $1,000, a minimum of $10 and a
maximum of $15; when the | 22 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 23 |
| of $20 and a maximum
of $30; and when the amount exceeds
| 24 |
| $5,000, a minimum of $30 and a maximum of $50.
| 25 |
| (g) Petition to Vacate
or Modify.
| 26 |
| (1) Petition to vacate
or modify any final judgment or |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| order of court,
except in forcible entry and detainer cases | 2 |
| and small claims cases or a
petition to reopen an estate, | 3 |
| to modify, terminate, or enforce a
judgment or order for | 4 |
| child or spousal support, or to modify, suspend, or
| 5 |
| terminate an order for withholding, if filed before 30 days | 6 |
| after the entry
of the judgment or order, a minimum of $40 | 7 |
| and a maximum of $50.
| 8 |
| (2) Petition to vacate
or modify any final judgment
or | 9 |
| order of court, except a petition to modify, terminate, or | 10 |
| enforce a
judgment or order for child or spousal support or | 11 |
| to modify, suspend, or
terminate an order for withholding, | 12 |
| if filed later than 30 days
after the entry of the judgment | 13 |
| or order, a minimum of $60 and a maximum
of $75.
| 14 |
| (3) Petition to vacate order of bond forfeiture, a | 15 |
| minimum of $20
and a maximum of $40.
| 16 |
| (h) Mailing.
| 17 |
| When the clerk is required to mail, the fee will be a | 18 |
| minimum of $6
and a maximum of $10, plus the cost of | 19 |
| postage.
| 20 |
| (i) Certified Copies.
| 21 |
| Each certified copy of a judgment after the first, | 22 |
| except in small
claims and forcible entry and detainer | 23 |
| cases, a minimum of $10 and a
maximum of $15.
| 24 |
| (j) Habeas Corpus.
| 25 |
| For filing a petition for relief by habeas corpus, a | 26 |
| minimum of $80
and a maximum of $125.
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (k) Certification, Authentication, and Reproduction.
| 2 |
| (1) Each certification or authentication for taking | 3 |
| the acknowledgment
of a deed or other instrument in writing | 4 |
| with the seal of office, a minimum
of $4 and a maximum of | 5 |
| $6.
| 6 |
| (2) Court appeals when original documents are | 7 |
| forwarded, under 100 pages,
plus delivery and costs, a | 8 |
| minimum of $50 and a maximum of $75.
| 9 |
| (3) Court appeals when original documents are | 10 |
| forwarded, over 100 pages,
plus delivery and costs, a | 11 |
| minimum of $120 and a maximum of $150.
| 12 |
| (4) Court appeals when original documents are | 13 |
| forwarded, over 200
pages, an additional fee of a minimum | 14 |
| of 20 and a maximum of 25 cents
per page.
| 15 |
| (5) For reproduction of any document contained in the | 16 |
| clerk's files:
| 17 |
| (A) First page, $2.
| 18 |
| (B) Next 19 pages, 50 cents per page.
| 19 |
| (C) All remaining pages, 25 cents per page.
| 20 |
| (l) Remands.
| 21 |
| In any cases remanded to the Circuit Court from the | 22 |
| Supreme Court
or the Appellate Court for a new trial, the | 23 |
| clerk shall file the remanding
order and reinstate the case | 24 |
| with either its original number or a new number.
The Clerk | 25 |
| shall not
charge any new or additional fee for the | 26 |
| reinstatement. Upon reinstatement the
Clerk shall advise |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| the parties of the reinstatement. A party shall have the
| 2 |
| same right to a jury trial on remand and reinstatement as | 3 |
| he or she had before
the appeal, and no additional or new | 4 |
| fee or charge shall be made for a jury
trial after remand.
| 5 |
| (m) Record Search.
| 6 |
| For each record search, within a division or municipal | 7 |
| district, the
clerk shall be entitled to a search fee of a | 8 |
| minimum of $4 and a maximum
of $6 for each year searched.
| 9 |
| (n) Hard Copy.
| 10 |
| For each page of hard copy print output, when case | 11 |
| records are
maintained on an automated medium, the clerk | 12 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 13 |
| of $6.
| 14 |
| (o) Index Inquiry and Other Records.
| 15 |
| No fee shall be charged for a single | 16 |
| plaintiff/defendant index inquiry
or single case record | 17 |
| inquiry when this request is made in person and the
records | 18 |
| are maintained in a current automated medium, and when no | 19 |
| hard copy
print output is requested. The fees to be charged | 20 |
| for management records,
multiple case records, and | 21 |
| multiple journal records may be specified by the
Chief | 22 |
| Judge pursuant to the guidelines for access and | 23 |
| dissemination of
information approved by the Supreme | 24 |
| Court.
| 25 |
| (p) (Blank).
| 26 |
| (q) Alias Summons.
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| For each alias summons or citation issued by the clerk, | 2 |
| a minimum of $4
and a maximum of $5.
| 3 |
| (r) Other Fees.
| 4 |
| Any fees not covered in this Section shall be set by | 5 |
| rule or
administrative order of the Circuit Court with the | 6 |
| approval of the
Administrative Office of the Illinois | 7 |
| Courts.
| 8 |
| The clerk of the circuit court may provide additional | 9 |
| services for
which there is no fee specified by statute in | 10 |
| connection with the operation
of the clerk's office as may | 11 |
| be requested by the public and agreed to by
the clerk and | 12 |
| approved by the chief judge of the circuit court. Any
| 13 |
| charges for additional services shall be as agreed to
| 14 |
| between the clerk and the party making the request and | 15 |
| approved by the
chief judge of the circuit court. Nothing | 16 |
| in this
subsection shall be construed to require any clerk | 17 |
| to provide any service
not otherwise required by law.
| 18 |
| (s) Jury Services.
| 19 |
| The clerk shall be entitled to receive, in
addition to | 20 |
| other fees allowed by law, the sum of a minimum of $192.50
| 21 |
| and a maximum of $212.50, as a fee for the
services of a | 22 |
| jury in every civil action not quasi-criminal in its
nature | 23 |
| and not a proceeding for the exercise of the right of | 24 |
| eminent
domain and in every other action wherein the right | 25 |
| of trial by jury
is or may be given by law. The jury fee | 26 |
| shall be paid by the party
demanding a jury at the time of |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| filing the jury demand. If the fee is
not paid by either | 2 |
| party, no jury shall be called in the action or
proceeding, | 3 |
| and the same shall be tried by the court without a jury.
| 4 |
| (t) Voluntary Assignment.
| 5 |
| For filing each deed of voluntary assignment, a minimum | 6 |
| of $10 and a
maximum of $20; for recording
the same, a | 7 |
| minimum of 25˘ and a maximum of 50˘ for each 100 words.
| 8 |
| Exceptions filed to claims presented
to an assignee of a | 9 |
| debtor who has made a voluntary assignment for the
benefit | 10 |
| of creditors shall be considered and treated, for the | 11 |
| purpose of
taxing costs therein, as actions in which the | 12 |
| party or parties filing
the exceptions shall be considered | 13 |
| as party or parties plaintiff, and
the claimant or | 14 |
| claimants as party or parties defendant, and those
parties | 15 |
| respectively shall pay to the clerk the same fees
as | 16 |
| provided by this Section to be paid in other actions.
| 17 |
| (u) Expungement Petition.
| 18 |
| The clerk shall be entitled to receive a
fee of a | 19 |
| minimum of $30 and a maximum of $60 for each expungement
| 20 |
| petition filed and an additional fee of a minimum of $2 and | 21 |
| a maximum of
$4 for each certified copy of an order to | 22 |
| expunge arrest records.
| 23 |
| (v) Probate.
| 24 |
| The clerk is entitled to receive the fees specified in | 25 |
| this subsection
(v), which shall be paid in advance, except | 26 |
| that, for good cause shown, the
court may suspend, reduce, |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| or release the costs payable under this subsection:
| 2 |
| (1) For administration of the estate of a decedent | 3 |
| (whether testate
or intestate) or of a missing person, a | 4 |
| minimum of $100 and a maximum of
$150, plus the fees | 5 |
| specified in
subsection (v)(3), except:
| 6 |
| (A) When the value of the real and personal | 7 |
| property does not exceed
$15,000, the fee shall be a | 8 |
| minimum of $25 and a maximum of $40.
| 9 |
| (B) When (i) proof of heirship alone is made, (ii) | 10 |
| a domestic or
foreign will is admitted to probate | 11 |
| without administration (including
proof of heirship), | 12 |
| or (iii) letters of office are issued for a particular
| 13 |
| purpose without administration of the estate, the fee | 14 |
| shall be a minimum of
$25 and a maximum of $40.
| 15 |
| (2) For administration of the estate of a ward, a | 16 |
| minimum of $50 and
a maximum of $75,
plus the fees | 17 |
| specified in subsection (v)(3), except:
| 18 |
| (A) When the value of the real and personal | 19 |
| property does not exceed
$15,000, the fee shall be a | 20 |
| minimum of $25 and a maximum of $40.
| 21 |
| (B) When (i) letters of office are issued to a | 22 |
| guardian of the
person or persons, but not of the | 23 |
| estate or (ii) letters of office are
issued in the
| 24 |
| estate of a ward without administration of the estate, | 25 |
| including filing or
joining in the filing of a tax | 26 |
| return or releasing a mortgage or consenting
to the |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| marriage of the ward, the fee shall be a minimum of $10 | 2 |
| and a
maximum
of $20.
| 3 |
| (3) In addition to the fees payable under subsection | 4 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 5 |
| payable:
| 6 |
| (A) For each account (other than one final account) | 7 |
| filed in the
estate of a decedent, or ward, a minimum | 8 |
| of $15 and a maximum of $25.
| 9 |
| (B) For filing a claim in an estate when the amount | 10 |
| claimed is $150
or more but less than $500, a minimum | 11 |
| of $10 and a maximum of $20; when
the amount claimed is | 12 |
| $500 or
more but less than $10,000, a minimum of $25 | 13 |
| and a maximum of $40; when
the amount claimed is | 14 |
| $10,000 or more, a minimum of $40 and a maximum of
$60; | 15 |
| provided that the court in allowing a claim may add to | 16 |
| the amount
allowed
the filing fee paid by the claimant.
| 17 |
| (C) For filing in an estate a claim, petition, or | 18 |
| supplemental
proceeding based upon an action seeking | 19 |
| equitable relief including the
construction or contest | 20 |
| of a will, enforcement of a contract to make a
will, | 21 |
| and proceedings involving testamentary trusts or the | 22 |
| appointment of
testamentary trustees, a minimum of $40 | 23 |
| and a maximum of $60.
| 24 |
| (D) For filing in an estate (i) the appearance of | 25 |
| any person for the
purpose of consent or (ii) the | 26 |
| appearance of an executor, administrator,
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| administrator to collect, guardian, guardian ad litem, | 2 |
| or special
administrator, no fee.
| 3 |
| (E) Except as provided in subsection (v)(3)(D), | 4 |
| for filing the
appearance of any person or persons, a | 5 |
| minimum of $10 and a maximum of
$30.
| 6 |
| (F) For each jury demand, a minimum of $102.50 and | 7 |
| a maximum of
$137.50.
| 8 |
| (G) For disposition of the collection of a judgment | 9 |
| or settlement of
an action or claim for wrongful death | 10 |
| of a decedent or of any cause of
action of a ward, when | 11 |
| there is no other administration
of the estate, a | 12 |
| minimum of $30 and a maximum of $50, less any amount
| 13 |
| paid under subsection (v)(1)(B)
or (v)(2)(B) except | 14 |
| that if the amount involved does not exceed
$5,000, the | 15 |
| fee, including any amount paid under subsection | 16 |
| (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 17 |
| maximum of $20.
| 18 |
| (H) For each certified copy of letters of office, | 19 |
| of court order or
other certification, a minimum of $1 | 20 |
| and a maximum of $2, plus a
minimum of 50˘ and a | 21 |
| maximum of $1 per page in excess of 3 pages for the
| 22 |
| document certified.
| 23 |
| (I) For each exemplification, a minimum of $1 and a | 24 |
| maximum of
$2, plus the fee for certification.
| 25 |
| (4) The executor, administrator, guardian, petitioner,
| 26 |
| or other interested person or his or her attorney shall pay |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| the cost of
publication by the clerk directly to the | 2 |
| newspaper.
| 3 |
| (5) The person on whose behalf a charge is incurred for | 4 |
| witness,
court reporter, appraiser, or other miscellaneous | 5 |
| fee shall pay the same
directly to the person entitled | 6 |
| thereto.
| 7 |
| (6) The executor, administrator, guardian, petitioner,
| 8 |
| or other interested person or his attorney shall pay to the | 9 |
| clerk all
postage charges incurred by the clerk in mailing | 10 |
| petitions, orders,
notices, or other documents pursuant to | 11 |
| the provisions of the Probate Act
of 1975.
| 12 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 13 |
| (1) The clerk shall be entitled to costs in all | 14 |
| criminal
and quasi-criminal cases from each person | 15 |
| convicted or sentenced to
supervision therein as follows:
| 16 |
| (A) Felony complaints, a minimum of $80 and a | 17 |
| maximum of $125.
| 18 |
| (B) Misdemeanor complaints, a minimum of $50 and a | 19 |
| maximum of
$75.
| 20 |
| (C) Business offense complaints, a minimum of $50 | 21 |
| and a maximum of
$75.
| 22 |
| (D) Petty offense complaints, a minimum of $50 and | 23 |
| a maximum of
$75.
| 24 |
| (E) Minor traffic or ordinance violations, $20.
| 25 |
| (F) When court appearance required, $30.
| 26 |
| (G) Motions to vacate or amend final orders, a |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| minimum of $20 and
a maximum of $40.
| 2 |
| (H) Motions to vacate bond forfeiture orders, a | 3 |
| minimum of $20 and
a maximum of $30.
| 4 |
| (I) Motions to vacate ex parte judgments, whenever | 5 |
| filed, a minimum
of $20 and a maximum of $30.
| 6 |
| (J) Motions to vacate judgment on forfeitures, | 7 |
| whenever filed, a
minimum of $20 and a maximum of $25.
| 8 |
| (K) Motions to vacate "failure to appear" or | 9 |
| "failure to comply"
notices sent to the Secretary of | 10 |
| State, a minimum of $20 and a maximum of
$40.
| 11 |
| (2) In counties having a population of more than | 12 |
| 500,000
but fewer
than 3,000,000 inhabitants, when the | 13 |
| violation complaint is issued by a
municipal police | 14 |
| department, the clerk shall be entitled to costs from each
| 15 |
| person convicted therein as follows:
| 16 |
| (A) Minor traffic or ordinance violations, $10.
| 17 |
| (B) When court appearance required, $15.
| 18 |
| (3) In ordinance violation cases punishable by fine | 19 |
| only, the clerk
of the circuit court shall be entitled to | 20 |
| receive, unless the fee is
excused upon a finding by the | 21 |
| court that the defendant is indigent, in
addition to other | 22 |
| fees or costs allowed or imposed by law, the sum of a
| 23 |
| minimum of $50 and a maximum of $112.50
as a fee for the | 24 |
| services of a jury. The jury fee shall be paid by the
| 25 |
| defendant at the time of filing his or her jury demand. If | 26 |
| the fee is not
so paid by the defendant, no jury shall be |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| called, and the case shall be
tried by the court without a | 2 |
| jury.
| 3 |
| (x) Transcripts of Judgment.
| 4 |
| For the filing of a transcript of judgment, the clerk | 5 |
| shall be entitled
to the same fee as if it were the | 6 |
| commencement of new suit.
| 7 |
| (y) Change of Venue.
| 8 |
| (1) For the filing of a change of case on a change of | 9 |
| venue, the clerk
shall be entitled to the same fee as if it | 10 |
| were the commencement of a new suit.
| 11 |
| (2) The fee for the preparation and certification of a | 12 |
| record on a
change of venue to another jurisdiction, when | 13 |
| original documents are
forwarded, a minimum of $25 and a | 14 |
| maximum of $40.
| 15 |
| (z) Tax objection complaints.
| 16 |
| For each tax objection complaint containing one or more | 17 |
| tax
objections, regardless of the number of parcels | 18 |
| involved
or the number of taxpayers joining in the | 19 |
| complaint, a minimum of $25
and a maximum of $50.
| 20 |
| (aa) Tax Deeds.
| 21 |
| (1) Petition for tax deed, if only one parcel is | 22 |
| involved, a minimum
of $150 and a maximum of $250.
| 23 |
| (2) For each additional parcel, add a fee of a minimum | 24 |
| of $50 and a
maximum of $100.
| 25 |
| (bb) Collections.
| 26 |
| (1) For all collections made of others, except the |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| State and county
and except in maintenance or child support | 2 |
| cases, a sum equal to a minimum
of 2.5% and a maximum of | 3 |
| 3.0% of the amount collected and turned over.
| 4 |
| (2) Interest earned on any funds held by the clerk | 5 |
| shall be turned
over to the county general fund as an | 6 |
| earning of the office.
| 7 |
| (3) For any check, draft, or other bank instrument | 8 |
| returned to the clerk
for non-sufficient funds, account | 9 |
| closed, or payment stopped, $25.
| 10 |
| (4) In child support and maintenance cases, the clerk, | 11 |
| if authorized by an
ordinance of the county board, may | 12 |
| collect an annual fee of up to $36 from
the person making | 13 |
| payment for maintaining child support records and the
| 14 |
| processing of support orders to the State of Illinois KIDS | 15 |
| system and the
recording of payments issued by the State | 16 |
| Disbursement Unit for the official
record of the Court.
| 17 |
| This fee shall be in addition
to and separate from amounts | 18 |
| ordered to be paid as maintenance or child
support and | 19 |
| shall be deposited into a Separate Maintenance and Child | 20 |
| Support
Collection Fund, of which the clerk shall be the | 21 |
| custodian, ex-officio, to
be used by the clerk to maintain | 22 |
| child support orders and record all payments
issued by the | 23 |
| State Disbursement Unit for the official record of the | 24 |
| Court.
The clerk may recover from the person making the | 25 |
| maintenance or child support
payment any additional cost | 26 |
| incurred in the collection of this annual
fee.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| The clerk shall also be entitled to a fee of $5 for | 2 |
| certifications made
to the Secretary of State as provided | 3 |
| in Section 7-703 of the Family Financial
Responsibility Law | 4 |
| and these fees shall also be deposited into the Separate
| 5 |
| Maintenance and Child Support Collection Fund.
| 6 |
| (cc) Corrections of Numbers.
| 7 |
| For correction of the case number, case title, or | 8 |
| attorney computer
identification number, if required by | 9 |
| rule of court, on any document filed
in the clerk's office, | 10 |
| to be charged against the party that filed the
document, a | 11 |
| minimum of $15 and a maximum of $25.
| 12 |
| (dd) Exceptions.
| 13 |
| The fee requirements of this Section shall not apply to | 14 |
| police
departments or other law enforcement agencies. In | 15 |
| this Section, "law
enforcement agency" means an agency of | 16 |
| the State or a unit of local
government which is vested by | 17 |
| law or ordinance with the duty to maintain
public order and | 18 |
| to enforce criminal laws or ordinances. "Law enforcement
| 19 |
| agency" also means the Attorney General or any state's | 20 |
| attorney.
The fee requirements of this Section shall not | 21 |
| apply to any action instituted
under subsection (b) of | 22 |
| Section 11-31-1 of the Illinois Municipal Code by a
private | 23 |
| owner or tenant of real property within 1200 feet of a | 24 |
| dangerous or
unsafe building seeking an order compelling | 25 |
| the owner or owners of the building
to take any of the | 26 |
| actions authorized under that subsection.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| The fee requirements of this Section shall not apply to | 2 |
| the filing of any
commitment petition or petition for an | 3 |
| order authorizing the administration of
authorized
| 4 |
| involuntary treatment in the form of medication under the | 5 |
| Mental Health and
Developmental Disabilities Code.
| 6 |
| (ee) Adoptions.
| 7 |
| (1) For an adoption ..............................$65
| 8 |
| (2) Upon good cause shown, the court may waive the | 9 |
| adoption filing fee in
a special needs adoption. The term | 10 |
| "special needs adoption" shall have the
meaning ascribed to | 11 |
| it by the Illinois Department of Children and Family
| 12 |
| Services.
| 13 |
| (ff) Adoption exemptions.
| 14 |
| No fee other than that set forth in subsection (ee) | 15 |
| shall be charged to any
person in connection with an | 16 |
| adoption proceeding
nor may any fee be charged
for | 17 |
| proceedings for the
appointment of a confidential | 18 |
| intermediary under the Adoption Act.
| 19 |
| (gg) Unpaid fees.
| 20 |
| Unless a court ordered payment schedule is implemented | 21 |
| or the fee
requirements of this Section are waived pursuant | 22 |
| to court order, the clerk of
the court may add to any | 23 |
| unpaid fees and costs under this Section a delinquency
| 24 |
| amount equal to 5% of the unpaid fees that remain unpaid | 25 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 26 |
| after 60 days, and 15% of the unpaid fees
that remain |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| unpaid after 90 days. Notice to those parties may be made | 2 |
| by
signage posting or publication. The additional | 3 |
| delinquency amounts collected under this Section shall
be | 4 |
| used to defray additional administrative costs incurred by | 5 |
| the clerk of the
circuit court in collecting unpaid fees | 6 |
| and costs.
| 7 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, | 8 |
| eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
| 9 |
| (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| 10 |
| Sec. 27.2a. The fees of the clerks of the circuit court in | 11 |
| all
counties having a population of 3,000,000 or more | 12 |
| inhabitants in the
instances described in this Section shall be | 13 |
| as provided in this
Section. In those instances where a minimum | 14 |
| and maximum fee is stated, the
clerk of the circuit court must | 15 |
| charge the minimum fee listed
and may charge up to the maximum | 16 |
| fee if the county board has by resolution
increased the fee. | 17 |
| The fees shall be paid in advance and shall be as follows:
| 18 |
| (a) Civil Cases.
| 19 |
| The fee for filing a complaint, petition, or other | 20 |
| pleading
initiating a civil action, with the following | 21 |
| exceptions, shall be a minimum
of $190 and a maximum of | 22 |
| $240.
| 23 |
| (A) When the amount of money or damages or the | 24 |
| value of personal
property claimed does not exceed | 25 |
| $250, a minimum of $15 and a maximum of
$22.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (B) When that amount exceeds $250 but does not | 2 |
| exceed $1000, a minimum
of $40 and a maximum of $75.
| 3 |
| (C) When that amount exceeds $1000 but does not | 4 |
| exceed $2500, a
minimum of $50 and a maximum of $80.
| 5 |
| (D) When that amount exceeds $2500 but does not | 6 |
| exceed $5000, a
minimum of $100 and a maximum of $130.
| 7 |
| (E) When that amount exceeds $5000 but does not | 8 |
| exceed $15,000, $150.
| 9 |
| (F) For the exercise of eminent domain, $150. For | 10 |
| each additional
lot or tract of land or right or | 11 |
| interest therein subject to be condemned,
the damages | 12 |
| in respect to which shall require separate assessment | 13 |
| by a jury,
$150.
| 14 |
| (G) For the final determination of parking, | 15 |
| standing, and compliance
violations and final | 16 |
| administrative decisions issued after hearings | 17 |
| regarding
vehicle immobilization and impoundment made | 18 |
| pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | 19 |
| the Illinois Vehicle Code, $25.
| 20 |
| (H) No fees shall be charged by the clerk to a | 21 |
| petitioner in any
order
of
protection including, but | 22 |
| not limited to, filing, modifying, withdrawing,
| 23 |
| certifying, or
photocopying petitions for orders of | 24 |
| protection, or for issuing alias summons,
or for any
| 25 |
| related filing service, certifying, modifying, | 26 |
| vacating, or
photocopying any
orders of protection.
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (b) Forcible Entry and Detainer.
| 2 |
| In each forcible entry and detainer case when the | 3 |
| plaintiff seeks
possession only or unites with his or her | 4 |
| claim for possession of the property
a claim for rent or | 5 |
| damages or both in the amount of $15,000 or less, a
minimum | 6 |
| of $35
$75 and a maximum of $70
$140 .
When the plaintiff | 7 |
| unites his or her claim for possession with a claim for
| 8 |
| rent or damages or both exceeding $15,000, a minimum of | 9 |
| $110
$225 and a
maximum of $165
$335 .
| 10 |
| (c) Counterclaim or Joining Third Party Defendant.
| 11 |
| When any defendant files a counterclaim as part of his | 12 |
| or her answer or
otherwise or joins another party as a | 13 |
| third party defendant, or both, the
defendant shall pay a | 14 |
| fee for each counterclaim or third party action in an
| 15 |
| amount equal to the fee he or she would have had to pay had | 16 |
| he or she
brought a separate action for the relief sought | 17 |
| in the counterclaim or
against the third party defendant, | 18 |
| less the amount of the appearance fee,
if that has been | 19 |
| paid.
| 20 |
| (d) Confession of Judgment.
| 21 |
| In a confession of judgment when the amount does not | 22 |
| exceed $1500, a
minimum of $60 and a maximum of $70.
When | 23 |
| the amount exceeds $1500, but does not exceed $5000, a | 24 |
| minimum of $75
and a maximum of $150.
When the
amount | 25 |
| exceeds $5000, but does not exceed $15,000, a minimum of | 26 |
| $175 and
a
maximum of $260. When the
amount
exceeds |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| $15,000, a minimum of $250 and a maximum of $310.
| 2 |
| (e) Appearance.
| 3 |
| The fee for filing an appearance in each civil case | 4 |
| shall be a minimum
of
$75 and a maximum of $110,
except as | 5 |
| follows:
| 6 |
| (A) When the plaintiff in a forcible entry and | 7 |
| detainer case seeks
possession only, a minimum of $20
| 8 |
| $40 and a maximum of $40
$80 .
| 9 |
| (B) When the amount in the case does not exceed | 10 |
| $1500, a minimum of $20
$40 and a maximum of $40
$80 .
| 11 |
| (C) When that amount exceeds $1500 but does not | 12 |
| exceed $15,000, a
minimum of $30
$60 and a maximum of | 13 |
| $45
$90 .
| 14 |
| (f) Garnishment, Wage Deduction, and Citation.
| 15 |
| In garnishment affidavit, wage deduction affidavit, | 16 |
| and citation
petition when the amount does not exceed | 17 |
| $1,000, a minimum of $15 and a
maximum of $25; when the
| 18 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 19 |
| of $30 and a maximum
of
$45; and when the amount
exceeds
| 20 |
| $5,000, a minimum of $50 and a maximum of $80.
| 21 |
| (g) Petition to Vacate
or Modify.
| 22 |
| (1) Petition to vacate
or modify any final judgment or | 23 |
| order of court,
except in forcible entry and detainer cases | 24 |
| and small claims cases or a
petition to reopen an estate, | 25 |
| to modify, terminate, or enforce a
judgment or order for | 26 |
| child or spousal support, or to modify, suspend, or
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| terminate an order for withholding, if filed before 30 days | 2 |
| after the entry
of the judgment or order, a minimum of $50 | 3 |
| and a maximum of $60.
| 4 |
| (2) Petition to vacate
or modify any final judgment
or | 5 |
| order of court, except a petition to modify, terminate, or | 6 |
| enforce a
judgment or order for child or spousal support or | 7 |
| to modify, suspend, or
terminate an order for withholding, | 8 |
| if filed later than 30 days
after the entry of the judgment | 9 |
| or order, a minimum of $75 and a maximum
of
$90.
| 10 |
| (3) Petition to vacate order of bond forfeiture, a | 11 |
| minimum of $40
and a
maximum of $80.
| 12 |
| (h) Mailing.
| 13 |
| When the clerk is required to mail, the fee will be a | 14 |
| minimum of $10
and
a maximum of $15,
plus the cost of | 15 |
| postage.
| 16 |
| (i) Certified Copies.
| 17 |
| Each certified copy of a judgment after the first, | 18 |
| except in small
claims and forcible entry and detainer | 19 |
| cases, a minimum of $15 and a
maximum
of $20.
| 20 |
| (j) Habeas Corpus.
| 21 |
| For filing a petition for relief by habeas corpus, a | 22 |
| minimum of $125
and
a maximum of $190.
| 23 |
| (k) Certification, Authentication, and Reproduction.
| 24 |
| (1) Each certification or authentication for taking | 25 |
| the acknowledgment
of a deed or other instrument in writing | 26 |
| with the seal of office, a minimum
of $6 and a maximum of |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| $9.
| 2 |
| (2) Court appeals when original documents are | 3 |
| forwarded, under 100 pages,
plus delivery and costs, a | 4 |
| minimum of $75 and a maximum of $110.
| 5 |
| (3) Court appeals when original documents are | 6 |
| forwarded, over 100 pages,
plus delivery and costs, a | 7 |
| minimum of $150 and a maximum of $185.
| 8 |
| (4) Court appeals when original documents are | 9 |
| forwarded, over 200
pages, an additional fee of a minimum | 10 |
| of 25 and a maximum of 30 cents
per
page.
| 11 |
| (5) For reproduction of any document contained in the | 12 |
| clerk's files:
| 13 |
| (A) First page, $2.
| 14 |
| (B) Next 19 pages, 50 cents per page.
| 15 |
| (C) All remaining pages, 25 cents per page.
| 16 |
| (l) Remands.
| 17 |
| In any cases remanded to the Circuit Court from the | 18 |
| Supreme Court
or the Appellate Court for a new trial, the | 19 |
| clerk shall file the
remanding order and reinstate the case | 20 |
| with either its original number or a new
number. The Clerk
| 21 |
| shall not charge any new or additional fee for the | 22 |
| reinstatement. Upon
reinstatement the Clerk shall advise | 23 |
| the parties of the reinstatement. A
party shall have the | 24 |
| same right to a jury trial on remand and reinstatement
as | 25 |
| he or she had before the appeal, and no additional or new | 26 |
| fee or charge
shall be made for a jury trial after remand.
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (m) Record Search.
| 2 |
| For each record search, within a division or municipal | 3 |
| district, the
clerk shall be entitled to a search fee of a | 4 |
| minimum of $6 and a maximum
of
$9 for each year
searched.
| 5 |
| (n) Hard Copy.
| 6 |
| For each page of hard copy print output, when case | 7 |
| records are
maintained on an automated medium, the clerk | 8 |
| shall be entitled to a fee of
a minimum of $6 and a maximum | 9 |
| of $9.
| 10 |
| (o) Index Inquiry and Other Records.
| 11 |
| No fee shall be charged for a single | 12 |
| plaintiff/defendant index inquiry
or single case record | 13 |
| inquiry when this request is made in person and the
records | 14 |
| are maintained in a current automated medium, and when no | 15 |
| hard copy
print output is requested. The fees to be charged | 16 |
| for management records,
multiple case records, and | 17 |
| multiple journal records may be specified by the
Chief | 18 |
| Judge pursuant to the guidelines for access and | 19 |
| dissemination of
information approved by the Supreme | 20 |
| Court.
| 21 |
| (p) (Blank).
| 22 |
| (q) Alias Summons.
| 23 |
| For each alias summons or citation issued by the clerk, | 24 |
| a minimum of $5
and a maximum of $6.
| 25 |
| (r) Other Fees.
| 26 |
| Any fees not covered in this Section shall be set by |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| rule or
administrative order of the Circuit Court with the | 2 |
| approval of the
Administrative Office of the Illinois | 3 |
| Courts.
| 4 |
| The clerk of the circuit court may provide additional | 5 |
| services for
which there is no fee specified by statute in | 6 |
| connection with the operation
of the clerk's office as may | 7 |
| be requested by the public and agreed to by
the clerk and | 8 |
| approved by the chief judge of the circuit court. Any
| 9 |
| charges for additional services shall be as agreed to
| 10 |
| between the clerk and the party making the request and | 11 |
| approved by the
chief judge of the circuit court. Nothing | 12 |
| in this
subsection shall be construed to require any clerk | 13 |
| to provide any service
not otherwise required by law.
| 14 |
| (s) Jury Services.
| 15 |
| The clerk shall be entitled to receive, in
addition to | 16 |
| other fees allowed by law, the sum of a minimum of $212.50
| 17 |
| and
maximum of $230, as a
fee for the
services of a jury in | 18 |
| every civil action not quasi-criminal in its
nature and not | 19 |
| a proceeding for the exercise of the right of eminent
| 20 |
| domain and in every other action wherein the right of trial | 21 |
| by jury
is or may be given by law. The jury fee shall be | 22 |
| paid by the party
demanding a jury at the time of filing | 23 |
| the jury demand. If the fee is
not paid by either party, no | 24 |
| jury shall be called in the action or
proceeding, and the | 25 |
| same shall be tried by the court without a jury.
| 26 |
| (t) Voluntary Assignment.
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| For filing each deed of voluntary assignment, a minimum | 2 |
| of $20 and a
maximum of $40; for
recording
the same, a | 3 |
| minimum of 50˘ and a maximum of $0.80 for each 100 words.
| 4 |
| Exceptions filed to claims
presented
to an assignee of a | 5 |
| debtor who has made a voluntary assignment for the
benefit | 6 |
| of creditors shall be considered and treated, for the | 7 |
| purpose of
taxing costs therein, as actions in which the | 8 |
| party or parties filing
the exceptions shall be considered | 9 |
| as party or parties plaintiff, and
the claimant or | 10 |
| claimants as party or parties defendant, and those
parties | 11 |
| respectively shall pay to the clerk the same fees
as | 12 |
| provided by this Section to be paid in other actions.
| 13 |
| (u) Expungement Petition.
| 14 |
| The clerk shall be entitled to receive a fee of a | 15 |
| minimum of $60 and
a
maximum of $120 for each
expungement | 16 |
| petition filed and an additional fee of a minimum of $4 and | 17 |
| a
maximum of $8 for each
certified
copy of an order to | 18 |
| expunge arrest records.
| 19 |
| (v) Probate.
| 20 |
| The clerk is entitled to receive the fees
specified in | 21 |
| this subsection (v), which shall be paid in advance,
except | 22 |
| that, for good cause shown, the court may suspend, reduce, | 23 |
| or
release the costs payable under this subsection:
| 24 |
| (1) For administration of the estate of a decedent | 25 |
| (whether testate
or intestate) or of a missing person, a | 26 |
| minimum of $150 and a maximum of
$225, plus the fees
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| specified in
subsection (v)(3), except:
| 2 |
| (A) When the value of the real and personal | 3 |
| property does not exceed
$15,000, the fee shall be a | 4 |
| minimum of $40 and a maximum of $65.
| 5 |
| (B) When (i) proof of heirship alone is made, (ii) | 6 |
| a domestic or
foreign will is admitted to probate | 7 |
| without administration (including
proof of heirship), | 8 |
| or (iii) letters of office are issued for a particular
| 9 |
| purpose without administration of the estate, the fee | 10 |
| shall be a minimum of
$40 and a maximum of $65.
| 11 |
| (2) For administration of the estate of a ward, a | 12 |
| minimum of $75 and
a
maximum of $110,
plus the fees | 13 |
| specified in subsection (v)(3), except:
| 14 |
| (A) When the value of the real and personal | 15 |
| property does not exceed
$15,000, the fee shall be a | 16 |
| minimum of $40 and a maximum of $65.
| 17 |
| (B) When (i) letters of office are issued to a | 18 |
| guardian of the person
or persons,
but not of the | 19 |
| estate or (ii) letters of office are issued in the | 20 |
| estate of
a ward without administration of the estate, | 21 |
| including filing or joining in
the filing of a tax | 22 |
| return or releasing a mortgage or consenting to the
| 23 |
| marriage of the ward, the fee shall be a minimum of $20 | 24 |
| and a maximum of
$40.
| 25 |
| (3) In addition to the fees payable under subsection | 26 |
| (v)(1) or
(v)(2) of this Section, the following fees are |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| payable:
| 2 |
| (A) For each account (other than one final account) | 3 |
| filed in the
estate of a decedent, or ward, a minimum | 4 |
| of $25 and a maximum of $40.
| 5 |
| (B) For filing a claim in an estate when the amount | 6 |
| claimed is $150
or more but less than $500, a minimum | 7 |
| of $20 and a maximum of $40; when
the
amount claimed is | 8 |
| $500 or
more but less than $10,000, a minimum of $40 | 9 |
| and a maximum of $65; when
the
amount claimed is | 10 |
| $10,000
or more,
a minimum of $60 and a maximum of $90; | 11 |
| provided that the court in
allowing
a claim may add to | 12 |
| the
amount allowed
the filing fee paid by the claimant.
| 13 |
| (C) For filing in an estate a claim, petition, or | 14 |
| supplemental
proceeding based upon an action seeking | 15 |
| equitable relief including the
construction or contest | 16 |
| of a will, enforcement of a contract to make a
will, | 17 |
| and proceedings involving testamentary trusts or the | 18 |
| appointment of
testamentary trustees, a minimum of $60 | 19 |
| and a maximum of $90.
| 20 |
| (D) For filing in an estate (i) the appearance of | 21 |
| any person for the
purpose of consent or (ii) the | 22 |
| appearance of an executor, administrator,
| 23 |
| administrator to collect, guardian, guardian ad litem, | 24 |
| or special
administrator, no fee.
| 25 |
| (E) Except as provided in subsection (v)(3)(D), | 26 |
| for filing the
appearance of any person or persons, a |
|
|
|
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|
| 1 |
| minimum of $30 and a maximum of
$90.
| 2 |
| (F) For each jury demand, a minimum of $137.50 and | 3 |
| a maximum of
$180.
| 4 |
| (G) For disposition of the collection of a judgment | 5 |
| or settlement of
an action or claim for wrongful death | 6 |
| of a decedent or of any cause of
action of a ward, when | 7 |
| there is no other administration
of the estate, a | 8 |
| minimum of $50 and a maximum of $80, less any amount
| 9 |
| paid
under subsection (v)(1)(B)
or (v)(2)(B) except | 10 |
| that if the amount involved does not exceed
$5,000, the | 11 |
| fee, including any amount paid under subsection
| 12 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | 13 |
| maximum of $40.
| 14 |
| (H) For each certified copy of letters of office, | 15 |
| of court order or
other certification, a minimum of $2 | 16 |
| and a maximum of $4, plus $1 per
page
in excess
of 3 | 17 |
| pages for the document certified.
| 18 |
| (I) For each exemplification, $2, plus the fee for | 19 |
| certification.
| 20 |
| (4) The executor, administrator, guardian, petitioner,
| 21 |
| or other interested person or his or her attorney shall pay | 22 |
| the cost of
publication by the clerk directly to the | 23 |
| newspaper.
| 24 |
| (5) The person on whose behalf a charge is incurred for | 25 |
| witness,
court reporter, appraiser, or other miscellaneous | 26 |
| fee shall pay the same
directly to the person entitled |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| thereto.
| 2 |
| (6) The executor, administrator, guardian, petitioner, | 3 |
| or other
interested person or his or her attorney shall pay | 4 |
| to the clerk all postage
charges incurred by the clerk in | 5 |
| mailing petitions, orders, notices, or
other documents | 6 |
| pursuant to the provisions of the Probate Act of 1975.
| 7 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 8 |
| (1) The clerk shall be entitled to costs in all | 9 |
| criminal
and quasi-criminal cases from each person | 10 |
| convicted or sentenced to
supervision therein as follows:
| 11 |
| (A) Felony complaints, a minimum of $125 and a | 12 |
| maximum of $190.
| 13 |
| (B) Misdemeanor complaints, a minimum of $75 and a | 14 |
| maximum of
$110.
| 15 |
| (C) Business offense complaints, a minimum of $75 | 16 |
| and a maximum of
$110.
| 17 |
| (D) Petty offense complaints, a minimum of $75 and | 18 |
| a maximum of
$110.
| 19 |
| (E) Minor traffic or ordinance violations, $30.
| 20 |
| (F) When court appearance required, $50.
| 21 |
| (G) Motions to vacate or amend final orders, a | 22 |
| minimum of $40 and
a
maximum of $80.
| 23 |
| (H) Motions to vacate bond forfeiture orders, a | 24 |
| minimum of $30 and
a
maximum of $45.
| 25 |
| (I) Motions to vacate ex parte judgments, whenever | 26 |
| filed, a minimum
of
$30 and a maximum of $45.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (J) Motions to vacate judgment on forfeitures, | 2 |
| whenever filed, a
minimum of $25 and a maximum of $30.
| 3 |
| (K) Motions to vacate "failure to appear" or | 4 |
| "failure to comply"
notices sent to the Secretary of | 5 |
| State, a minimum of $40 and a maximum of
$50.
| 6 |
| (2) In counties having a population of 3,000,000 or | 7 |
| more,
when the violation complaint is issued by a municipal
| 8 |
| police department, the clerk shall be entitled to costs | 9 |
| from each person
convicted therein as follows:
| 10 |
| (A) Minor traffic or ordinance violations, $30.
| 11 |
| (B) When court appearance required, $50.
| 12 |
| (3) In ordinance violation cases punishable by fine | 13 |
| only, the clerk
of the circuit court shall be entitled to | 14 |
| receive, unless the fee is
excused upon a finding by the | 15 |
| court that the defendant is indigent, in
addition to other | 16 |
| fees or costs allowed or imposed by law, the sum of a
| 17 |
| minimum of
$112.50 and a maximum of $250
as a fee for the | 18 |
| services of a jury. The jury fee shall be paid by the
| 19 |
| defendant at the time of filing his or her jury demand. If | 20 |
| the fee is not
so paid by the defendant, no jury shall be | 21 |
| called, and the case shall be
tried by the court without a | 22 |
| jury.
| 23 |
| (x) Transcripts of Judgment.
| 24 |
| For the filing of a transcript of judgment, the clerk | 25 |
| shall be entitled
to the same fee as if it were the | 26 |
| commencement of a new suit.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (y) Change of Venue.
| 2 |
| (1) For the filing of a change of case on a change of | 3 |
| venue, the clerk
shall be entitled to the same fee as if it | 4 |
| were the commencement of a new suit.
| 5 |
| (2) The fee for the preparation and certification of a | 6 |
| record on a
change of venue to another jurisdiction, when | 7 |
| original documents are
forwarded, a minimum of $40 and a | 8 |
| maximum of $65.
| 9 |
| (z) Tax objection complaints.
| 10 |
| For each tax objection complaint containing one or more | 11 |
| tax
objections, regardless of the number of parcels | 12 |
| involved or the number of
taxpayers joining in the | 13 |
| complaint, a minimum of $50 and a maximum of
$100.
| 14 |
| (aa) Tax Deeds.
| 15 |
| (1) Petition for tax deed, if only one parcel is | 16 |
| involved, a minimum
of
$250 and a maximum of $400.
| 17 |
| (2) For each additional parcel, add a fee of a minimum | 18 |
| of $100 and a
maximum of $200.
| 19 |
| (bb) Collections.
| 20 |
| (1) For all collections made of others, except the | 21 |
| State and county
and except in maintenance or child support | 22 |
| cases, a sum equal to 3.0% of
the amount collected and | 23 |
| turned over.
| 24 |
| (2) Interest earned on any funds held by the clerk | 25 |
| shall be turned
over to the county general fund as an | 26 |
| earning of the office.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (3) For any check, draft, or other bank instrument | 2 |
| returned to the
clerk for non-sufficient funds, account | 3 |
| closed, or payment stopped, $25.
| 4 |
| (4) In child support and maintenance cases, the clerk, | 5 |
| if authorized by an
ordinance of the county board, may | 6 |
| collect an annual fee of up to $36 from
the person making | 7 |
| payment for maintaining child support records and the
| 8 |
| processing of support orders to the State of Illinois KIDS | 9 |
| system and the
recording of payments issued by the State | 10 |
| Disbursement Unit for the official
record of the Court. | 11 |
| This fee shall be in addition
to and separate from amounts | 12 |
| ordered to be paid as maintenance or child
support and | 13 |
| shall be deposited into a Separate Maintenance and Child | 14 |
| Support
Collection Fund, of which the clerk shall be the | 15 |
| custodian, ex-officio, to
be used by the clerk to maintain | 16 |
| child support orders and record all payments
issued by the | 17 |
| State Disbursement Unit for the official record of the | 18 |
| Court.
The clerk may recover from the person making the | 19 |
| maintenance or child
support payment any additional cost | 20 |
| incurred in the collection of this annual
fee.
| 21 |
| The clerk shall also be entitled to a fee of $5 for | 22 |
| certifications made
to the Secretary of State as provided | 23 |
| in Section 7-703 of the Family
Financial Responsibility Law | 24 |
| and these fees shall also be deposited into the
Separate | 25 |
| Maintenance and Child Support Collection Fund.
| 26 |
| (cc) Corrections of Numbers.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| For correction of the case number, case title, or | 2 |
| attorney computer
identification number, if required by | 3 |
| rule of court, on any document filed
in the clerk's office, | 4 |
| to be charged against the party that filed the document,
a | 5 |
| minimum of $25 and a maximum of $40.
| 6 |
| (dd) Exceptions.
| 7 |
| (1) The fee requirements of this Section shall not | 8 |
| apply to police
departments or other law enforcement | 9 |
| agencies. In this Section, "law
enforcement agency" means | 10 |
| an agency of the State or a unit of local
government which | 11 |
| is vested by law or ordinance with the duty to maintain
| 12 |
| public order and to enforce criminal laws or ordinances. | 13 |
| "Law enforcement
agency" also means the Attorney General or | 14 |
| any state's attorney.
| 15 |
| (2) No fee provided herein shall be charged to any unit | 16 |
| of
local government or school district.
The fee | 17 |
| requirements of this Section shall not apply to any action | 18 |
| instituted
under subsection (b) of Section 11-31-1 of the | 19 |
| Illinois Municipal Code by a
private owner or tenant of | 20 |
| real property within 1200 feet of a dangerous or
unsafe | 21 |
| building seeking an order compelling the owner or owners of | 22 |
| the building
to take any of the actions authorized under | 23 |
| that subsection.
| 24 |
| (3) The fee requirements of this Section shall not | 25 |
| apply to the filing
of any
commitment petition or petition | 26 |
| for an order authorizing the administration of
authorized
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| involuntary treatment in the form of medication under the | 2 |
| Mental Health and
Developmental Disabilities Code.
| 3 |
| (ee) Adoption.
| 4 |
| (1) For an adoption ..............................$65
| 5 |
| (2) Upon good cause shown, the court may waive the | 6 |
| adoption filing fee
in a special needs adoption. The term | 7 |
| "special needs adoption" shall have
the meaning ascribed to | 8 |
| it by the Illinois Department of Children and Family
| 9 |
| Services.
| 10 |
| (ff) Adoption exemptions.
| 11 |
| No fee other than that set forth in subsection (ee) | 12 |
| shall be charged to
any person in connection with an | 13 |
| adoption proceeding
nor may any fee be
charged for | 14 |
| proceedings for
the appointment of a confidential | 15 |
| intermediary under the Adoption Act.
| 16 |
| (gg) Unpaid fees.
| 17 |
| Unless a court ordered payment schedule is implemented | 18 |
| or the fee
requirements of this Section are waived pursuant | 19 |
| to court order, the clerk of
the court may add to any | 20 |
| unpaid fees and costs under this Section a delinquency
| 21 |
| amount equal to 5% of the unpaid fees that remain unpaid | 22 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 23 |
| after 60 days, and 15% of the unpaid fees
that remain | 24 |
| unpaid after 90 days. Notice to those parties may be made | 25 |
| by
signage posting or publication. The additional | 26 |
| delinquency amounts collected under this Section shall
be |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| used to defray additional administrative costs incurred by | 2 |
| the clerk of the
circuit court in collecting unpaid fees | 3 |
| and costs.
| 4 |
| (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | 5 |
| 93-573, eff. 8-21-03; 93-760, eff. 1-1-05 .)
| 6 |
| Section 10. The Code of Civil Procedure is amended by | 7 |
| changing Sections 9-102, 9-107, 9-109.7, 9-118, 9-119, 9-120, | 8 |
| 9-207, and 9-210 as follows:
| 9 |
| (735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
| 10 |
| Sec. 9-102. When action may be maintained.
| 11 |
| (a) The person entitled to the possession of lands or | 12 |
| tenements may be
restored thereto under any of the following | 13 |
| circumstances:
| 14 |
| (1) When a forcible entry is made thereon.
| 15 |
| (2) When a peaceable entry is made and the possession | 16 |
| unlawfully withheld.
| 17 |
| (3) When entry is made into vacant or unoccupied lands | 18 |
| or
tenements without right or title.
| 19 |
| (4) When any lessee of the lands or tenements, or any | 20 |
| person
holding under such lessee, holds possession without | 21 |
| right after the
termination of the lease or tenancy by its | 22 |
| own limitation, condition
or terms, or by notice to quit or | 23 |
| otherwise.
| 24 |
| (5) When a vendee having obtained possession under a |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| written or
verbal agreement to purchase lands or tenements, | 2 |
| and having failed to
comply with the agreement, withholds | 3 |
| possession thereof, after demand in
writing by the person | 4 |
| entitled to such possession; provided, however,
that any | 5 |
| such agreement for residential real estate as defined in | 6 |
| the
Illinois Mortgage Foreclosure Law entered into on or | 7 |
| after July 1, 1987 where
the purchase price is to be paid | 8 |
| in installments over a period in excess of 5
years and the | 9 |
| amount unpaid under the terms of the contract at the time | 10 |
| of
the filing of a foreclosure complaint under Article XV, | 11 |
| including principal
and due and unpaid interest, is less | 12 |
| than 80% of the original purchase price
shall be foreclosed | 13 |
| under the Illinois Mortgage Foreclosure Law.
| 14 |
| This amendatory Act of 1993 is declarative of existing | 15 |
| law.
| 16 |
| (6) When lands or tenements have been conveyed by any | 17 |
| grantor in
possession, or sold under the order or judgment | 18 |
| of any court in this State, or
by virtue of any sale in any | 19 |
| mortgage or deed of trust contained and the
grantor in | 20 |
| possession or party to such order or judgment or to such | 21 |
| mortgage or
deed of trust, after the expiration of the time | 22 |
| of redemption, when redemption
is allowed by law, refuses | 23 |
| or neglects to surrender possession thereof, after
demand | 24 |
| in writing by the person entitled thereto, or his or her | 25 |
| agent.
| 26 |
| (7) When any property is subject to the provisions of |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| the Condominium
Property Act, the owner of a unit fails or | 2 |
| refuses to pay when due his or
her proportionate share of | 3 |
| the common expenses of such property, or of any
other | 4 |
| expenses lawfully agreed upon or any unpaid fine, the Board | 5 |
| of
Managers or its agents have served the demand set forth | 6 |
| in Section 9-104.1
of this Article in the manner provided | 7 |
| for in that Section and the unit
owner has failed to pay | 8 |
| the amount claimed within the time prescribed in
the | 9 |
| demand; or if the lessor-owner of a unit fails to comply | 10 |
| with the leasing
requirements prescribed by subsection (n) | 11 |
| of Section 18 of the Condominium
Property Act or by
the
| 12 |
| declaration, by-laws, and rules and regulations of the | 13 |
| condominium, or if a
lessee of an owner is in breach of any | 14 |
| covenants, rules, regulations, or
by-laws of the | 15 |
| condominium, and the Board of Managers or its agents have | 16 |
| served
the demand set forth in Section 9-104.2 of this | 17 |
| Article in the manner provided
in that Section.
| 18 |
| (8) When any property is subject to the provisions of a | 19 |
| declaration
establishing a common interest community and | 20 |
| requiring the unit owner to
pay regular or special | 21 |
| assessments for the maintenance or repair of common
areas | 22 |
| owned in common by all of the owners of the common interest | 23 |
| community
or by the community association and maintained | 24 |
| for the use of the unit
owners or of any other expenses of | 25 |
| the association lawfully agreed upon,
and the unit owner | 26 |
| fails or refuses to pay when due his or her
proportionate |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| share of such assessments or expenses and the board or its
| 2 |
| agents have served the demand set forth in Section 9-104.1 | 3 |
| of this Article
in the manner provided for in that Section | 4 |
| and the unit owner has failed to
pay the amount claimed | 5 |
| within the time prescribed in the demand.
| 6 |
| (a-5) An action maintained pursuant to paragraph (1), (2), | 7 |
| (3), or (4) of subsection (a) of this Section 9-102 shall be | 8 |
| treated as an expedited proceeding.
| 9 |
| (b) The provisions of paragraph (8) of subsection (a) of | 10 |
| Section 9-102
and Section 9-104.3 of this Act shall not apply | 11 |
| to any common interest
community unless (1) the association is | 12 |
| a not-for-profit corporation, (2)
unit owners are authorized to | 13 |
| attend meetings of the board of directors or
board of managers | 14 |
| of the association in the same manner as provided for
| 15 |
| condominiums under the Condominium Property Act, and (3) the | 16 |
| board of
managers or board of directors of the common interest | 17 |
| community association
has, subsequent to the effective date of | 18 |
| this amendatory Act of 1984 voted
to have the provisions of | 19 |
| this Article apply to such association and has
delivered or | 20 |
| mailed notice of such action to the unit owners or unless the
| 21 |
| declaration of the association is recorded after the effective | 22 |
| date of this
amendatory Act of 1985.
| 23 |
| (c) For purposes of this Article:
| 24 |
| (1) "Common interest community" means real estate | 25 |
| other than a
condominium or cooperative with respect to | 26 |
| which any person by virtue of
his or her ownership of a |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| partial interest or unit therein is obligated to
pay for | 2 |
| maintenance, improvement, insurance premiums, or real | 3 |
| estate taxes
of other real estate described in a | 4 |
| declaration which is administered by
an association.
| 5 |
| (2) "Declaration" means any duly recorded instruments, | 6 |
| however
designated, that have created a common interest | 7 |
| community and any duly
recorded amendments to those | 8 |
| instruments.
| 9 |
| (3) "Unit" means a physical portion of the common | 10 |
| interest community
designated by separate ownership or | 11 |
| occupancy by boundaries which are
described in a | 12 |
| declaration.
| 13 |
| (4) "Unit owners' association" or "association" means | 14 |
| the association
of all owners of units in the common | 15 |
| interest community acting pursuant to
the declaration.
| 16 |
| (d) If the board of a common interest community elects to | 17 |
| have the
provisions of this Article apply to such association | 18 |
| or the declaration of
the association is recorded after the | 19 |
| effective date of this amendatory Act
of 1985, the provisions | 20 |
| of subsections (c) through (h) of Section 18.5 of
the | 21 |
| Condominium Property Act applicable to a Master Association and
| 22 |
| condominium unit subject to such association under subsections | 23 |
| (c) through
(h) of Section 18.5 shall be applicable to the | 24 |
| community associations and
to its unit owners.
| 25 |
| (Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
|
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
| 2 |
| Sec. 9-107. Constructive service. If the plaintiff, his or | 3 |
| her agent,
or attorney files a forcible
detainer action, with | 4 |
| or without joinder of a claim for rent in the
complaint, and is | 5 |
| unable to obtain personal service on the
defendant or unknown | 6 |
| occupant and a summons duly issued in such action is returned
| 7 |
| without service stating that service can not be obtained, then | 8 |
| the
plaintiff, his or her agent or attorney may file an | 9 |
| affidavit stating that the
defendant or unknown occupant is not | 10 |
| a resident of this State, or has departed from this
State, or | 11 |
| on due inquiry cannot be found, or is concealed within this
| 12 |
| State so that process cannot be served upon him or her, and | 13 |
| also stating the
place of residence of the defendant or unknown | 14 |
| occupant, if known, or if
not known, that
upon diligent inquiry | 15 |
| the affiant has not been able to ascertain the
defendant's or | 16 |
| unknown occupant's place of residence, then in all such
| 17 |
| forcible detainer cases
whether or not a claim for rent is | 18 |
| joined with the complaint for
possession, the defendant or | 19 |
| unknown occupant may be notified by posting
and mailing of
| 20 |
| notices; or by publication and mailing, as provided for in
| 21 |
| Section 2-206 of this Act. However, in cases where the | 22 |
| defendant or unknown
occupant is notified by
posting and | 23 |
| mailing of notices or by publication and mailing, and the
| 24 |
| defendant or unknown occupant does not appear generally, the | 25 |
| court may rule
only on the
portion of the complaint which seeks | 26 |
| judgment for possession, and the
court shall not enter judgment |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| as to any rent claim joined in the
complaint or enter personal | 2 |
| judgment for any amount owed by a unit owner
for his or her | 3 |
| proportionate share of the common expenses, however, an in
rem | 4 |
| judgment may be entered against the unit for the amount of | 5 |
| common expenses
due, any other expenses lawfully agreed upon or | 6 |
| the amount of any unpaid
fine, together with reasonable | 7 |
| attorney fees, if any, and costs. The claim
for rent may remain | 8 |
| pending until such time as the
defendant or unknown occupant | 9 |
| appears generally or is served with summons, but the order for
| 10 |
| possession shall be final, enforceable and appealable if the | 11 |
| court makes
an express written finding that there is no just | 12 |
| reason for delaying
enforcement or appeal, as provided by | 13 |
| Supreme Court rule of this State.
| 14 |
| Such notice shall be in the name of the clerk of the court, | 15 |
| be
directed to the defendant or unknown occupant, shall state | 16 |
| the nature of the cause against
the defendant or unknown | 17 |
| occupant and at whose instance issued and the time and place | 18 |
| for
trial, and shall also state that unless the defendant or | 19 |
| unknown occupant appears at the
time and place fixed for trial, | 20 |
| judgment will be entered by default, and
shall specify the | 21 |
| character
of the judgment that will be entered in such cause. | 22 |
| The sheriff shall
post 3 copies of the notice in 3 public | 23 |
| places in the neighborhood of
the court where the cause is to | 24 |
| be tried, at least 5
10 days prior to the
day set for the | 25 |
| appearance, and, if the place of residence of the
defendant or | 26 |
| unknown occupant is stated in any affidavit on file, shall at |
|
|
|
SB0636 |
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LRB095 10595 AJO 30817 b |
|
| 1 |
| the
same time
mail one copy of the notice addressed to such | 2 |
| defendant or unknown occupant at
such place of
residence shown | 3 |
| in such affidavit. On or before the day set for the
appearance, | 4 |
| the sheriff shall file the notice with an endorsement thereon
| 5 |
| stating the time when and places where the sheriff posted and | 6 |
| to whom and
at what address he or she mailed copies as required | 7 |
| by this Section. For want
of sufficient notice any cause may be | 8 |
| continued from time to time until
the court has jurisdiction of | 9 |
| the defendant or unknown occupant.
| 10 |
| (Source: P.A. 92-823, eff. 8-21-02.)
| 11 |
| (735 ILCS 5/9-109.7)
| 12 |
| Sec. 9-109.7. Stay of enforcement; drug related action. A | 13 |
| judgment for
possession of the premises entered in an action | 14 |
| brought by a lessor or lessor's
assignee, if the action was | 15 |
| brought
as a result of a lessor or lessor's assignee declaring | 16 |
| a lease void
pursuant to Section 11 of the Controlled Substance | 17 |
| and Cannabis Nuisance Act,
may not be stayed for any period in | 18 |
| excess of 5
7 days by the court.
Thereafter the plaintiff shall | 19 |
| be entitled to re-enter the premises
immediately. The sheriff | 20 |
| or other lawfully deputized officers shall execute an
order | 21 |
| entered pursuant to this Section
within 5
7 days of its entry, | 22 |
| or within 5
7 days of the expiration of
a stay of judgment, if | 23 |
| one is entered.
| 24 |
| (Source: P.A. 90-557, eff. 6-1-98.)
|
|
|
|
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|
| 1 |
| (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
| 2 |
| Sec. 9-118. Emergency housing eviction proceedings.
| 3 |
| (a) As used in this Section:
| 4 |
| "Cannabis" has the meaning ascribed to that term in the | 5 |
| Cannabis Control Act.
| 6 |
| "Narcotics" and "controlled substance" have the meanings | 7 |
| ascribed to those
terms in the Illinois Controlled Substances | 8 |
| Act.
| 9 |
| (b) This Section applies only if all of the following | 10 |
| conditions are
met:
| 11 |
| (1) The complaint seeks possession of premises that are
| 12 |
| owned or managed by a housing authority established under | 13 |
| the Housing
Authorities Act or privately owned and managed.
| 14 |
| (2) The verified complaint alleges that there is direct
| 15 |
| evidence of any of the following:
| 16 |
| (A) unlawful possessing, serving, storing, | 17 |
| manufacturing, cultivating,
delivering, using, | 18 |
| selling, giving away, or
trafficking in cannabis, | 19 |
| methamphetamine, narcotics, or controlled substances
| 20 |
| within or upon the premises by or with the knowledge | 21 |
| and consent of, or in
concert with the person or | 22 |
| persons named in the complaint; or
| 23 |
| (B) the possession, use, sale, or delivery of a | 24 |
| firearm which is
otherwise prohibited by State law
| 25 |
| within or upon the premises by or with the
knowledge | 26 |
| and consent of, or in concert with, the person or |
|
|
|
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|
| 1 |
| persons named in
the complaint; or
| 2 |
| (C) murder, attempted murder, kidnapping, | 3 |
| attempted kidnapping, arson,
attempted arson, | 4 |
| aggravated battery, criminal sexual
assault, attempted | 5 |
| criminal sexual assault, aggravated criminal sexual | 6 |
| assault,
predatory criminal sexual assault of a child, | 7 |
| or criminal sexual abuse
within or upon the premises by | 8 |
| or with the
knowledge and consent of, or in concert | 9 |
| with, the person or persons named in
the complaint.
| 10 |
| (3) Notice by verified complaint setting forth the | 11 |
| relevant facts, and a
demand for possession of the type | 12 |
| specified in Section 9-104 is served on
the tenant or | 13 |
| occupant of the premises at least 7
14 days before a | 14 |
| hearing on
the complaint is held, and proof of service of | 15 |
| the complaint is submitted
by the plaintiff to the court.
| 16 |
| (b-5) In all actions brought under this Section 9-118, no | 17 |
| predicate notice
of termination or demand for possession shall | 18 |
| be required to initiate an
eviction action.
| 19 |
| (c) When a complaint has been filed under this Section, a | 20 |
| hearing on the
complaint shall be scheduled on any day after | 21 |
| the expiration of 7
14 days
following the filing of the | 22 |
| complaint. The summons shall advise the defendant
that a | 23 |
| hearing on the complaint shall be held at the specified date | 24 |
| and time,
and that the defendant should be prepared to present | 25 |
| any evidence on his or her
behalf at that time.
| 26 |
| If a plaintiff which is a public housing authority accepts
|
|
|
|
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|
| 1 |
| rent from the defendant after an action is initiated under this
| 2 |
| Section, the acceptance of rent shall not be a cause for | 3 |
| dismissal of the
complaint.
| 4 |
| (d) If the defendant does not appear at the hearing, | 5 |
| judgment for
possession of the premises in favor of the | 6 |
| plaintiff shall be entered by
default. If the defendant | 7 |
| appears, a trial shall be held immediately as is
prescribed in | 8 |
| other proceedings for possession. The matter shall not be
| 9 |
| continued beyond 5
7 days from the date set for the first | 10 |
| hearing on the
complaint except by agreement of both the | 11 |
| plaintiff and the defendant. After a
trial, if the court finds, | 12 |
| by a preponderance of the evidence, that the
allegations in the | 13 |
| complaint have been proven, the court shall enter judgment
for | 14 |
| possession of the premises in favor of the plaintiff and the | 15 |
| court shall
order that the plaintiff shall be entitled to | 16 |
| re-enter the premises
immediately.
| 17 |
| (d-5) If cannabis, methamphetamine, narcotics, or | 18 |
| controlled substances are found or used
anywhere in the | 19 |
| premises, there is a rebuttable presumption either (1) that the
| 20 |
| cannabis, methamphetamine,
narcotics, or controlled substances | 21 |
| were used or possessed by a tenant
or occupant or (2) that a | 22 |
| tenant or occupant permitted the premises to be used
for
that | 23 |
| use or possession, and knew or should have reasonably known | 24 |
| that the
substance was used or possessed.
| 25 |
| (e) A judgment for possession entered under this Section | 26 |
| may not be
stayed for any period in excess of 7 days by the |
|
|
|
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|
| 1 |
| court. Thereafter the
plaintiff shall be entitled to re-enter | 2 |
| the premises immediately. The sheriff
or other lawfully | 3 |
| deputized officers shall give priority to service and
execution | 4 |
| of orders entered under this Section over other possession | 5 |
| orders.
| 6 |
| (f) This Section shall not be construed to prohibit the use | 7 |
| or possession
of cannabis, methamphetamine, narcotics, or a | 8 |
| controlled substance that has been legally
obtained in | 9 |
| accordance with a valid prescription for the personal use of a
| 10 |
| lawful occupant of a dwelling unit.
| 11 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 12 |
| (735 ILCS 5/9-119)
| 13 |
| Sec. 9-119. Emergency subsidized housing eviction | 14 |
| proceedings.
| 15 |
| (a) As used in this Section:
| 16 |
| "FmHA" means the Farmers Home Administration or a local | 17 |
| housing
authority administering an FmHA program.
| 18 |
| "HUD" means the United States Department of Housing and | 19 |
| Urban
Development, or the Federal Housing Administration or a | 20 |
| local housing authority
administering a HUD program.
| 21 |
| "Section 8 contract" means a contract with HUD or FmHA | 22 |
| which provides rent
subsidies entered into pursuant to Section | 23 |
| 8 of the United States Housing Act
of 1937 or the Section 8 | 24 |
| Existing Housing Program (24 C.F.R. Part 882).
| 25 |
| "Subsidized housing" means:
|
|
|
|
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|
| 1 |
| (1) any housing or unit of housing subject to a
Section | 2 |
| 8 contract;
| 3 |
| (2) any housing or unit of
housing owned, operated, or | 4 |
| managed by a housing authority established under
the | 5 |
| Housing Authorities Act; or
| 6 |
| (3) any housing or unit of housing financed by a
loan | 7 |
| or mortgage held by the Illinois Housing Development | 8 |
| Authority, a
local housing authority, or the federal | 9 |
| Department of Housing and Urban
Development ("HUD") that | 10 |
| is:
| 11 |
| (i) insured or held by HUD under Section 221(d)(3) | 12 |
| of the National
Housing Act and assisted under Section | 13 |
| 101 of the Housing and Urban
Development Act of 1965 or | 14 |
| Section 8 of the United States Housing Act of 1937;
| 15 |
| (ii) insured or held by HUD and bears interest at a | 16 |
| rate determined
under the proviso of Section 221(d)(3) | 17 |
| of the National Housing Act;
| 18 |
| (iii) insured, assisted, or held by HUD under | 19 |
| Section 202 or 236 of the
National Housing Act;
| 20 |
| (iv) insured or held by HUD under Section 514 or | 21 |
| 515 of the Housing
Act of 1949;
| 22 |
| (v) insured or held by HUD under the United States | 23 |
| Housing Act of 1937;
or
| 24 |
| (vi) held by HUD and formerly insured under a | 25 |
| program listed in
subdivision (i), (ii), (iii), (iv), | 26 |
| or (v).
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| (b) This Section applies only if all of the following | 2 |
| conditions are
met:
| 3 |
| (1) The verified complaint seeks possession of | 4 |
| premises that are
subsidized housing as defined under this | 5 |
| Section.
| 6 |
| (2) The verified complaint alleges that there is direct | 7 |
| evidence of
refusal by the tenant to allow the
landlord or | 8 |
| agent of the landlord
or other person authorized by State | 9 |
| or federal law or regulations or local
ordinance to inspect | 10 |
| the
premises,
provided that all of the following conditions | 11 |
| have been met:
| 12 |
| (A) on 2 separate occasions within a 30 day period | 13 |
| the tenant, or
another person on the premises with the | 14 |
| consent of the tenant, refuses to
allow the landlord or | 15 |
| agent of the landlord or other person authorized by | 16 |
| State
or federal law or regulations or local ordinance | 17 |
| to
inspect the
premises;
| 18 |
| (B) the landlord then sends written notice to the | 19 |
| tenant stating
that
(i) the
tenant, or a person on the | 20 |
| premises with the consent of the tenant, failed
twice | 21 |
| within a 30 day period to allow the landlord
or agent | 22 |
| of the landlord or other person authorized by State or | 23 |
| federal law or
regulations or local ordinance to | 24 |
| inspect the premises and
(ii) the tenant must allow the | 25 |
| landlord or agent
of the landlord or other person | 26 |
| authorized by State or federal law or
regulations or |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| local ordinance to inspect the premises within
the next | 2 |
| 30 days or face emergency eviction proceedings under | 3 |
| this Section;
| 4 |
| (C) the tenant subsequently fails to allow the | 5 |
| landlord
or agent of the landlord or other person | 6 |
| authorized by State or federal law or
regulations or | 7 |
| local ordinance to
inspect the premises within 30 days | 8 |
| of receiving the notice from the
landlord; and
| 9 |
| (D) the tenant's written lease states that the | 10 |
| occurrence of the
events described in items (A), (B), | 11 |
| and (C) may result in eviction.
| 12 |
| (3) Notice, by verified complaint setting forth the | 13 |
| relevant facts, and a
demand for possession of the type | 14 |
| specified in Section 9-104 is served on
the tenant or | 15 |
| occupant of the premises at least 7
14 days before a | 16 |
| hearing on
the complaint is held, and proof of service of | 17 |
| the complaint is submitted
by the plaintiff to the court.
| 18 |
| (c) When a complaint has been filed under this Section, a | 19 |
| hearing on the
complaint shall be scheduled on any day after | 20 |
| the expiration of 7
14 days
following the filing of the | 21 |
| complaint. The summons shall advise the defendant
that a | 22 |
| hearing on the complaint shall be held at the specified date | 23 |
| and time,
and that the defendant should be prepared to present | 24 |
| any evidence on his or her
behalf at that time.
| 25 |
| (d) If the defendant does not appear at the hearing, | 26 |
| judgment for
possession of the premises in favor of the |
|
|
|
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|
| 1 |
| plaintiff shall be entered by
default. If the defendant | 2 |
| appears, a trial shall be held immediately as is
prescribed in | 3 |
| other proceedings for possession. The matter shall not be
| 4 |
| continued beyond 7 days from the date set for the first hearing | 5 |
| on the
complaint except by agreement of both the plaintiff and | 6 |
| the defendant. After a
trial, if the court finds, by a | 7 |
| preponderance of the evidence, that the
allegations in the | 8 |
| complaint have been proven, the court shall enter judgment
for | 9 |
| possession of the premises in favor of the plaintiff and the | 10 |
| court shall
order that the plaintiff shall be entitled to | 11 |
| re-enter the premises
immediately.
| 12 |
| (e) A judgment for possession entered under this Section | 13 |
| may not be
stayed for any period in excess of 7 days by the | 14 |
| court. Thereafter the
plaintiff shall be entitled to re-enter | 15 |
| the premises immediately. The sheriff
or other lawfully | 16 |
| deputized officers shall give priority to service and
execution | 17 |
| of orders entered under this Section over other possession
| 18 |
| orders.
| 19 |
| (Source: P.A. 89-660, eff. 1-1-97.)
| 20 |
| (735 ILCS 5/9-120)
| 21 |
| Sec. 9-120. Leased premises used in furtherance of a | 22 |
| criminal offense;
lease void at option of lessor or assignee.
| 23 |
| (a) If any lessee or occupant, on one or more occasions, | 24 |
| uses or permits the
use of leased premises for the commission | 25 |
| of any act that would constitute a
felony or a Class A |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| misdemeanor under the laws of this State, the lease or
rental | 2 |
| agreement shall, at the option of the lessor or
the lessor's
| 3 |
| assignee become void, and the owner or lessor shall be entitled | 4 |
| to recover
possession of the leased premises as against a | 5 |
| tenant holding over after the
expiration of his or her term.
| 6 |
| (b) The owner or lessor may bring a forcible entry and | 7 |
| detainer action, or,
if
the State's Attorney of the county in | 8 |
| which the real property is
located agrees, assign to that | 9 |
| State's Attorney the right to bring a forcible
entry and | 10 |
| detainer action on behalf of
the owner or lessor, against the | 11 |
| lessee and all occupants of the leased
premises. The assignment | 12 |
| must be in writing on a form prepared by the State's
Attorney | 13 |
| of the county in which the real property is located. If the | 14 |
| owner or
lessor assigns the right to bring a forcible entry and | 15 |
| detainer action, the
assignment shall be limited to those | 16 |
| rights and duties up to and including
delivery of the order of | 17 |
| eviction to the sheriff for execution. The owner or
lessor | 18 |
| shall remain liable for the cost of the eviction whether or not | 19 |
| the
right to bring the forcible entry and detainer action has | 20 |
| been assigned.
| 21 |
| (c) A person does not forfeit any part of his or her | 22 |
| security deposit due
solely to an eviction under the provisions | 23 |
| of this Section, except that a
security deposit may be used to | 24 |
| pay fees charged by the sheriff for carrying
out an eviction.
| 25 |
| (d) If a lessor or the lessor's assignee voids a lease or | 26 |
| contract under the
provisions of this Section and the tenant or |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| occupant has not vacated the
premises within 5 days after | 2 |
| receipt of a written notice to vacate the
premises, the lessor | 3 |
| or lessor's assignee may seek relief under this Article
IX. | 4 |
| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | 5 |
| judgment for costs against a plaintiff seeking
possession of | 6 |
| the premises under this Section shall not be awarded to the
| 7 |
| defendant unless the action was brought by the plaintiff in bad | 8 |
| faith. An
action to possess premises under this Section shall | 9 |
| not be deemed to be in bad
faith when the plaintiff based his | 10 |
| or her cause of action on information
provided to him or her by | 11 |
| a law enforcement agency or the State's Attorney.
| 12 |
| (e) After a trial, if the court finds, by a
preponderance | 13 |
| of the evidence,
that the allegations in the complaint have | 14 |
| been proven, the court
shall enter judgment for possession of | 15 |
| the premises in favor of the plaintiff
and the court shall | 16 |
| order that the plaintiff shall be entitled to re-enter the
| 17 |
| premises immediately.
| 18 |
| (f) A judgment for
possession of the premises entered in an | 19 |
| action brought by a lessor or lessor's
assignee, if the action | 20 |
| was brought
as a result of a lessor or lessor's assignee | 21 |
| declaring a lease void
pursuant to this Section,
may not be | 22 |
| stayed for any period in excess of 5
7 days by the court unless | 23 |
| all
parties agree to a longer period.
Thereafter the plaintiff | 24 |
| shall be entitled to re-enter the premises
immediately. The | 25 |
| sheriff or other lawfully deputized officers shall execute an
| 26 |
| order entered pursuant to this Section
within 5
7 days of its |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| entry, or within 5
7 days of the expiration of
a stay of | 2 |
| judgment, if one is entered.
| 3 |
| (g) Nothing in this Section shall limit the rights of an | 4 |
| owner or lessor
to bring a forcible entry and detainer action | 5 |
| on the basis of other applicable
law.
| 6 |
| (Source: P.A. 90-360, eff. 1-1-98.)
| 7 |
| (735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
| 8 |
| Sec. 9-207. Notice to terminate tenancy for less than a | 9 |
| year. In all
cases of tenancy from week to week, where the | 10 |
| tenant
holds over without special agreement, the landlord may | 11 |
| terminate the
tenancy by 5
7 days' notice, in writing, and may | 12 |
| maintain an action
for forcible entry and detainer or | 13 |
| ejectment.
| 14 |
| In all cases of tenancy for any term less than one year, | 15 |
| other than
tenancy from week to week, where the tenant holds | 16 |
| over without special
agreement, the landlord may terminate the | 17 |
| tenancy by 14
30 days'
notice, in writing, and may maintain an | 18 |
| action for forcible entry and
detainer or ejectment.
| 19 |
| (Source: P.A. 82-280.)
| 20 |
| (735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
| 21 |
| Sec. 9-210. Notice to quit. When default is made in any of | 22 |
| the terms
of a lease, it is
not necessary to give more than 7
10
| 23 |
| days' notice to quit, or of the
termination of such tenancy, | 24 |
| and the same may be terminated on giving
such notice to quit at |
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
| any time after such default in any of the terms
of such lease. | 2 |
| Such notice may be substantially in the following form:
| 3 |
| "To A.B.: You are hereby notified that in consequence of | 4 |
| your default
in (here insert the character of the default) of | 5 |
| the premises now
occupied by you, being, etc., (here describe | 6 |
| the premises) I have
elected to terminate your lease, and you | 7 |
| are hereby notified to quit and
deliver up possession of the | 8 |
| same to me within 7
10 days of this date
(dated, etc.)."
| 9 |
| The notice is to be signed by the lessor or his or her | 10 |
| agent, and no other notice or
demand of possession or | 11 |
| termination of such tenancy is necessary.
| 12 |
| (Source: P.A. 82-280.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|
|
|
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LRB095 10595 AJO 30817 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 705 ILCS 105/27.1a |
from Ch. 25, par. 27.1a |
| 4 |
| 705 ILCS 105/27.2 |
from Ch. 25, par. 27.2 |
| 5 |
| 705 ILCS 105/27.2a |
from Ch. 25, par. 27.2a |
| 6 |
| 735 ILCS 5/9-102 |
from Ch. 110, par. 9-102 |
| 7 |
| 735 ILCS 5/9-107 |
from Ch. 110, par. 9-107 |
| 8 |
| 735 ILCS 5/9-109.7 |
|
| 9 |
| 735 ILCS 5/9-118 |
from Ch. 110, par. 9-118 |
| 10 |
| 735 ILCS 5/9-119 |
|
| 11 |
| 735 ILCS 5/9-120 |
|
| 12 |
| 735 ILCS 5/9-207 |
from Ch. 110, par. 9-207 |
| 13 |
| 735 ILCS 5/9-210 |
from Ch. 110, par. 9-210 |
| |
|