Public Act 90-0466 of the 90th General Assembly
Public Act 90-0466
HB1141 Enrolled LRB9004308DJbd
AN ACT concerning child support, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 10-16.4 as follows:
(305 ILCS 5/10-16.4 new)
Sec. 10-16.4. Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for
support" have the meanings attributed to those terms in
Section 10-16.2 of this Code.
"Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to make
information concerning the obligor available to consumer
reporting agencies.
(c) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk shall cause the obligor's name and address to be
published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt
requested, a notice of intent to publish the information.
This subsection (c) applies only if the obligor resides in
the county in which the clerk of the court holds office.
Section 8. The Clerks of Courts Act is amended by
changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $50 as a fee
for the services of a jury. The jury fee shall be
paid by the defendant at the time of filing his or
her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case
shall be tried by the court without a jury.
(d) Other Civil Cases
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor, or petitions to sell real
estate in the administration of any estate......... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment
From a court, the same fee as if case
originally filed.
(t) Publications
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for administering the
collection and distribution of maintenance and
child support payments. Such sum shall be in
addition to and separate from amounts ordered to be
paid as maintenance or child support and shall be
deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to further maintenance and child support collection
efforts in his office. Unless paid in cash or
pursuant to an order for withholding, the payment
of the fee shall be by a separate instrument from
the support payment and shall be made to the order
of the Clerk. The Clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this
annual fee.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of State as
provided in Section 7-703 of the Family Financial
Responsibility Law and these fees shall also be
deposited into the Separate Maintenance and Child
Support Collection Fund.
(v) Correction of Cases
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search
For searching a record, per year searched..... $4
(x) Printed Output
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons
For each alias summons issued................. $2
(z) Expungement of Records
For each expungement petition filed........... $15
(aa) Other Fees
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws and ordinances. The fee requirements of this Section
shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by
a private owner or tenant of real property within 1200
feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(cc) Adoptions
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request. Nothing in this subsection shall be as agreed
to between the clerk and the party making the request.
Nothing in this subsection shall be construed to require
any clerk to provide any service not otherwise required
by law.
(Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
7-1-96; 89-593, eff. 8-1-96.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court
in all counties having a population in excess of 180,000 but
not more than 650,000 inhabitants in the instances described
in this Section shall be as provided in this Section. The
fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing
a transcript of commitment proceedings held in another
county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $180, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person, but not of the estate or
(ii) letters of office are issued in the estate of a
ward without administration of the estate, including
filing or joining in the filing of a tax return or
releasing a mortgage or consenting to the marriage
of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population in excess of
180,000 but not more than 650,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet
of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
7-1-96; 89-593, eff. 8-1-96.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court
in all counties having a population in excess of 650,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In addition, the fees provided in this Section
shall apply to all units of local government and school
districts in counties with more than 3,000,000 inhabitants.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only; $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $180, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person, but not of the estate or
(ii) letters of office are issued in the estate of a
ward without administration of the estate, including
filing or joining in the filing of a tax return or
releasing a mortgage or consenting to the marriage
of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his attorney
shall pay to the clerk all postage charges incurred by
the clerk in mailing petitions, orders, notices, or other
documents pursuant to the provisions of the Probate Act
of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population of more than
650,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
The fee requirements of this Section shall not apply
to police departments or other law enforcement agencies.
In this Section, "law enforcement agency" means an agency
of the State or a unit of local government which is
vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General
or any state's attorney. The fee requirements of this
Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe
building seeking an order compelling the owner or owners
of the building to take any of the actions authorized
under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
7-1-96; 89-593, eff. 8-1-96.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court
in all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall
be as provided in this Section. The fees shall be paid in
advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $190.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $15.
(B) When that amount exceeds $250 but does not
exceed $1000, $40.
(C) When that amount exceeds $1000 but does
not exceed $2500, $50.
(D) When that amount exceeds $2500 but does
not exceed $5000, $100.
(E) When that amount exceeds $5000 but does
not exceed $15,000, $150.
(F) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $75.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $60. When the amount exceeds $1500, but
does not exceed $5000, $75. When the amount exceeds
$5000, but does not exceed $15,000, $175. When the amount
exceeds $15,000, $250.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $75, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $40.
(B) When the amount in the case does not
exceed $1500, $40.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $15; when the amount exceeds $1,000 but does not
exceed $5,000, $30; and when the amount exceeds $5,000,
$50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$50.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $75.
(3) Petition to vacate order of bond forfeiture,
$40.
(h) Mailing.
When the clerk is required to mail, the fee will be
$10, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $75.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 25 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, $50.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $200, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $20;
for recording the same, 50¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $60
for each expungement petition filed and an additional fee
of $4 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$150, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$40.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $40.
(2) For administration of the estate of a ward,
$75, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$40.
(B) When (i) letters of office are issued to a
guardian of the person, but not of the estate or
(ii) letters of office are issued in the estate of a
ward without administration of the estate, including
filing or joining in the filing of a tax return or
releasing a mortgage or consenting to the marriage
of the ward, the fee shall be $20.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$25.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$20; when the amount claimed is $500 or more but
less than $10,000, $40; when the amount claimed is
$10,000 or more, $60; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$60.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $30.
(F) For each jury demand, $125.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $20.
(H) For each certified copy of letters of
office, of court order or other certification, $2,
plus $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $2, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $125.
(B) Misdemeanor complaints, $75.
(C) Business offense complaints, $75.
(D) Petty offense complaints, $75.
(E) Minor traffic or ordinance violations,
$30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders,
$40.
(H) Motions to vacate bond forfeiture orders,
$30.
(I) Motions to vacate ex parte judgments,
whenever filed, $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $25.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $40.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a
municipal police department, the clerk shall be entitled
to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$100 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $250.
(2) For each additional parcel, add a fee of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 3.0% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district. The fee
requirements of this Section shall not apply to any
action instituted under subsection (b) of Section 11-31-1
of the Illinois Municipal Code by a private owner or
tenant of real property within 1200 feet of a dangerous
or unsafe building seeking an order compelling the owner
or owners of the building to take any of the actions
authorized under that subsection.
(ee) Adoption.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
7-1-96; 89-593, eff. 8-1-96.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 706.3 as follows:
(750 ILCS 5/706.3 new)
Sec. 706.3. Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for
support" have the meanings attributed to those terms in
Section 706.1 of this Act.
"Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to make
information concerning the obligor available to consumer
reporting agencies.
(c) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk shall cause the obligor's name and address to be
published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt
requested, a notice of intent to publish the information.
This subsection (c) applies only if the obligor resides in
the county in which the clerk of the court holds office.
Section 15. The Non-Support of Spouse and Children Act
is amended by adding Section 4.2 as follows:
(750 ILCS 15/4.2 new)
Sec. 4.2. Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for
support" have the meanings attributed to those terms in
Section 4.1 of this Act.
"Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to make
information concerning the obligor available to consumer
reporting agencies.
(c) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk shall cause the obligor's name and address to be
published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt
requested, a notice of intent to publish the information.
This subsection (c) applies only if the obligor resides in
the county in which the clerk of the court holds office.
Section 25. The Illinois Parentage Act of 1984 is
amended by adding Section 20.5 as follows:
(750 ILCS 45/20.5 new)
Sec. 20.5. Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for
support" have the meanings attributed to those terms in
Section 20 of this Act.
"Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to make
information concerning the obligor available to consumer
reporting agencies.
(c) Whenever a court of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for support,
the court shall direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk shall cause the obligor's name and address to be
published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt
requested, a notice of intent to publish the information.
This subsection (c) applies only if the obligor resides in
the county in which the clerk of the court holds office.
Section 99. Effective date. This Section and the
changes to Sections 27.1, 27.1a, 27.2, and 27.2a of the
Clerks of Courts Act take effect upon becoming law.