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Public Act 100-0173 | ||||
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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 Counties Code is amended by changing | ||||
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
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(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
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Sec. 4-5001. Sheriffs; counties of first and second class. | ||||
The fees of
sheriffs in counties of the first and second class, | ||||
except when increased
by county ordinance under this Section, | ||||
shall be as follows:
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For serving or attempting to serve summons on each | ||||
defendant
in each county, $10.
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For serving or attempting to serve an order or judgment | ||||
granting
injunctional relief in each county, $10.
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For serving or attempting to serve each garnishee in each | ||||
county, $10.
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For serving or attempting to serve an order for replevin in | ||||
each county,
$10.
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For serving or attempting to serve an order for attachment | ||||
on each
defendant in each county, $10.
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For serving or attempting to serve a warrant of arrest, $8, | ||||
to be paid
upon conviction.
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For returning a defendant from outside the State of |
Illinois, upon
conviction, the court shall assess, as court | ||
costs, the cost of returning a
defendant to the jurisdiction.
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For taking special bail, $1 in each county.
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For serving or attempting to serve a subpoena on each
| ||
witness, in each county, $10.
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For advertising property for sale, $5.
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For returning each process, in each county, $5.
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Mileage for each mile of necessary travel to serve any such
| ||
process as Stated above, calculating from the place of holding | ||
court to
the place of residence of the defendant, or witness, | ||
50¢ each way.
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For summoning each juror, $3 with 30¢ mileage each way in | ||
all counties.
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For serving or attempting to serve notice of judgments or | ||
levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||
all counties.
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For taking possession of and removing property levied on, | ||
the officer
shall be allowed to tax the actual cost of such | ||
possession or removal.
| ||
For feeding each prisoner, such compensation to cover the | ||
actual cost
as may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For attending before a court with prisoner, on an order for | ||
habeas
corpus, in each county, $10 per day.
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For attending before a court with a prisoner in any |
criminal
proceeding, in each county, $10 per day.
| ||
For each mile of necessary travel in taking such prisoner | ||
before the
court as Stated above, 15¢ a mile each way.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action of | ||
forcible entry and detainer without aid,
$10 and when aid is | ||
necessary, the sheriff shall be allowed to tax in
addition the | ||
actual costs thereof, and for each mile of necessary travel,
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50¢ each way.
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For executing and acknowledging a deed of sale of real | ||
estate, in
counties of first class, $4; second class, $4.
| ||
For preparing, executing and acknowledging a deed on | ||
redemption from
a court sale of real estate in counties of | ||
first class, $5; second
class, $5.
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For making certificates of sale, and making and filing | ||
duplicate, in
counties of first class, $3; in counties of the | ||
second class, $3.
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For making certificate of redemption, $3.
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For certificate of levy and filing, $3, and the fee for | ||
recording
shall be advanced by the judgment creditor and | ||
charged as costs.
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For taking all bonds on legal process, civil and criminal, | ||
in counties of
first class,
$1; in second class, $1.
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For executing copies in criminal cases, $4 and mileage for | ||
each mile
of necessary travel, 20¢ each way.
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For executing requisitions from other States, $5.
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For conveying each prisoner from the prisoner's own county | ||
to the jail
of another county, or from another county to the | ||
jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for Girls
and Reception Centers, the following | ||
fees, payable out of the State
Treasury. For each person who is | ||
conveyed, 35¢ per mile in going only to
the penitentiary, | ||
reformatory, Illinois State Training School for Boys,
Illinois | ||
State Training School for Girls and Reception Centers, from the
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place of conviction.
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The fees provided for transporting persons to the | ||
penitentiary,
reformatories, Illinois State Training School | ||
for Boys, Illinois State
Training School for Girls and | ||
Reception Centers shall be paid for each
trip so made. Mileage | ||
as used in this Section means the shortest
practical route, | ||
between the place from which the person is to be
transported, | ||
to the penitentiary, reformatories, Illinois State Training
| ||
School for Boys, Illinois State Training School for Girls and | ||
Reception
Centers and all fees per mile shall be computed on | ||
such basis.
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For conveying any person to or from any of the charitable
| ||
institutions of the State, when properly committed by competent
| ||
authority, when one person is conveyed, 35¢ per mile; when two | ||
persons
are conveyed at the same time, 35¢ per mile for the |
first person and 20¢
per mile for the second person; and 10¢ | ||
per mile for each additional person.
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For conveying a person from the penitentiary to the county | ||
jail when
required by law, 35¢ per mile.
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For attending Supreme Court, $10 per day.
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In addition to the above fees there shall be allowed to the | ||
sheriff a fee
of $600 for the sale of real estate which is made | ||
by virtue of
any judgment of a court, except that in the case | ||
of a sale of unimproved
real estate which sells for $10,000 or | ||
less, the fee shall be $150.
In addition to this fee and all | ||
other fees provided by this Section, there
shall be allowed to | ||
the sheriff a fee in accordance with the following
schedule for | ||
the sale of personal estate which is made by virtue of any
| ||
judgment of a court:
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For judgments up to $1,000, $75;
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For judgments from $1,001 to $15,000, $150;
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For judgments over $15,000, $300.
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The foregoing fees allowed by this Section are the maximum | ||
fees that
may be collected from any officer, agency, department | ||
or other
instrumentality of the State. The county board may, | ||
however, by ordinance,
increase the fees allowed by this | ||
Section and collect those increased fees
from all persons and | ||
entities other than officers, agencies, departments
and other | ||
instrumentalities of the State if the increase is justified by | ||
an
acceptable cost study showing that the fees allowed by this | ||
Section are not
sufficient to cover the costs of providing the |
service. A statement of the
costs of providing each service, | ||
program and activity shall be prepared by
the county board. All | ||
supporting documents shall be public records and
subject to | ||
public examination and audit. All direct and indirect costs, as
| ||
defined in the United States Office of Management and Budget | ||
Circular A-87,
may be included in the determination of the | ||
costs of each service,
program and activity.
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In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
his fee for levying and
mileage, together with half the fee for | ||
all money collected by him which he
would be entitled to if the | ||
same was made by sale to enforce the judgment.
In no case shall | ||
the fee exceed the amount of money arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or unit of local government
which is vested by law or | ||
ordinance with the duty to maintain public order
and to enforce | ||
criminal laws.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
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Sec. 4-12001. Fees of sheriff in third class counties. The | ||
officers herein named, in counties of the third class,
shall be | ||
entitled to receive the fees herein specified, for the services
|
mentioned and such other fees as may be provided by law for | ||
such other
services not herein designated.
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Fees for Sheriff
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For serving or attempting to serve any summons on each | ||
defendant, $35.
| ||
For serving or attempting to serve each alias summons or | ||
other process
mileage will be charged as hereinafter provided | ||
when the address for
service differs from the address for | ||
service on the original summons or
other process.
| ||
For serving or attempting to serve all other process, on | ||
each defendant, $35.
| ||
For serving or attempting to serve a subpoena on each | ||
witness, $35.
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For serving or attempting to serve each warrant, $35.
| ||
For serving or attempting to serve each garnishee, $35.
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For summoning each juror, $10.
| ||
For serving or attempting to serve each order or judgment | ||
for replevin, $35.
| ||
For serving or attempting to serve an order for attachment, | ||
on each
defendant, $35.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action of | ||
forcible entry and detainer , without
aid, $35, and when aid is | ||
necessary, the sheriff shall be allowed to tax in
addition the | ||
actual costs thereof.
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For serving or attempting to serve notice of judgment, $35.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25.
| ||
For executing order of court to seize personal property, | ||
$25.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $8, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $20.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $15, and the fee for recording same shall | ||
be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $15; for | ||
preparing, executing and
acknowledging all other deeds on sale | ||
of real estate, $10.
| ||
For making and filing certificate of redemption, $15, and | ||
the fee
for recording same shall be advanced by party making | ||
the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a | ||
court sale,
$11, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $10.
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For taking special bail, $5.
| ||
For returning each process, $15.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $9 per day.
| ||
For executing requisitions from other States, $13.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$3.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person | ||
requiring his
confinement, $3.
| ||
For feeding such prisoners per day, $3, to be paid by the | ||
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $3.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
20¢ per mile in going to |
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
20¢ per mile
for the first and 15¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||
the first, 15¢ per mile
for the second and
10¢ per mile for | ||
each additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
| ||
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School | ||
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $900 for the sale of real estate which | ||
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the |
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $100;
| ||
For judgments over $1,000 to $15,000, $300;
| ||
For judgments over $15,000, $500.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or 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.
| ||
The fee requirements of this Section do not apply to units | ||
of local
government or school districts.
| ||
(Source: P.A. 94-1104, eff. 6-1-07 .)
| ||
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||
Sec. 4-12001.1. Fees of sheriff in third class counties; | ||
local
governments and school districts. The officers herein |
named, in counties of
the third class, shall be entitled to | ||
receive the fees herein specified
from all units of local | ||
government and school districts, for the services
mentioned and | ||
such other fees as may be provided by law for such other
| ||
services not herein designated.
| ||
Fees for Sheriff
| ||
For serving or attempting to serve any summons on each | ||
defendant, $25.
| ||
For serving or attempting to serve each alias summons or | ||
other process
mileage will be charged as hereinafter provided | ||
when the address for
service differs from the address for | ||
service on the original summons or
other process.
| ||
For serving or attempting to serve all other process, on | ||
each defendant, $25.
| ||
For serving or attempting to serve a subpoena on each | ||
witness, $25.
| ||
For serving or attempting to serve each warrant, $25.
| ||
For serving or attempting to serve each garnishee, $25.
| ||
For summoning each juror, $4.
| ||
For serving or attempting to serve each order or judgment | ||
for replevin, $25.
| ||
For serving or attempting to serve an order for attachment, | ||
on each
defendant, $25.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action of |
forcible entry and detainer , without
aid, $9, and when aid is | ||
necessary, the sheriff shall be allowed to tax in
addition the | ||
actual costs thereof.
| ||
For serving or attempting to serve notice of judgment, $25.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25.
| ||
For executing order of court to seize personal property, | ||
$25.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $3, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $3.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $3, and the fee for recording same shall | ||
be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $6; for preparing, | ||
executing and
acknowledging all other deeds on sale of real | ||
estate, $4.
| ||
For making and filing certificate of redemption, $3.50, and | ||
the fee
for recording same shall be advanced by party making | ||
the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a |
court sale,
$4.50, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $2.
| ||
For taking special bail, $2.
| ||
For returning each process, $5.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $3.50 per day.
| ||
For executing requisitions from other States, $5.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$1.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person | ||
requiring his
confinement, $1.
| ||
For feeding such prisoners per day, $1, to be paid by the | ||
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $1.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State |
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
15¢ per mile in going to | ||
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
15¢ per mile
for the first and 10¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as stated above, the sheriff shall
be allowed 15¢ per mile for | ||
the first, 10¢ per mile for the second and
5¢ per mile for each | ||
additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
| ||
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School | ||
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $600 for the sale of real estate which |
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the | ||
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $90;
| ||
For judgments over $1,000 to $15,000, $275;
| ||
For judgments over $15,000, $400.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale. | ||
All fees collected under Sections 4-12001 and 4-12001.1 | ||
must be used for public safety purposes only.
| ||
(Source: P.A. 97-333, eff. 8-12-11.)
| ||
Section 10. The Illinois Municipal Code is amended by | ||
changing Sections 1-2-11, 11-31-2.2, and 11-31.1-8 as follows:
| ||
(65 ILCS 5/1-2-11) (from Ch. 24, par. 1-2-11)
| ||
Sec. 1-2-11.
(a) A sheriff may serve any process or make | ||
any arrest in a
municipality or a part of a municipality |
located in the county in which the
sheriff was elected that any | ||
officer of that municipality is authorized to
make under this | ||
Code or any ordinance passed under this Code.
| ||
(b) Police officers may serve summons for violations of | ||
ordinances
occurring within their municipalities. In | ||
municipalities with a population of 1,000,000 or more, active | ||
duty or retired police officers may serve summons for | ||
violations of ordinances
occurring within their | ||
municipalities.
| ||
(c) In addition to the powers
stated in Section 8.1a of the | ||
Housing Authorities Act, in counties with a
population of | ||
3,000,000 or more inhabitants, members of a housing
authority | ||
police force may serve process for eviction forcible entry and | ||
detainer
actions commenced by that housing authority and may | ||
execute eviction orders of
possession for that housing | ||
authority.
| ||
(Source: P.A. 98-503, eff. 8-16-13.)
| ||
(65 ILCS 5/11-31-2.2) (from Ch. 24, par. 11-31-2.2)
| ||
Sec. 11-31-2.2.
If a receiver is appointed pursuant to | ||
Section 11-31-2
of this Code, the receiver may file in the | ||
appointing Court an eviction a forcible
entry and detainer | ||
action as provided in Article IX of the Code of Civil
| ||
Procedure. Filing fees and court costs shall be waived for a | ||
receiver
filing under this Section.
| ||
(Source: P.A. 85-634.)
|
(65 ILCS 5/11-31.1-8) (from Ch. 24, par. 11-31.1-8)
| ||
Sec. 11-31.1-8. Eviction - Rights of the occupants. No | ||
action for eviction, abatement of a nuisance, forcible entry | ||
and
detainer or other similar proceeding shall be threatened or | ||
instituted
against an occupant of a dwelling solely because | ||
such occupant agrees to
testify or testifies at a code | ||
violation hearing.
| ||
(Source: Laws 1967, p. 1905.)
| ||
Section 15. The Illinois Service Member Civil Relief Act is | ||
amended by changing Section 35 as follows: | ||
(330 ILCS 63/35)
| ||
Sec. 35. Eviction action; Action for possession of | ||
residential premises of a tenant. A residential eviction An | ||
action for possession of residential premises of a tenant , | ||
including eviction of a tenant who is a resident of a mobile | ||
home park, who is a service member that has entered military | ||
service, or of any member of the tenant's family who resides | ||
with the tenant , shall be subject to Section 9-107.10 of the | ||
Code of Civil Procedure.
| ||
(Source: P.A. 97-913, eff. 1-1-13.) | ||
Section 20. The Environmental Protection Act is amended by | ||
changing Section 44.1 as follows:
|
(415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)
| ||
Sec. 44.1.
(a) In addition to all other civil and criminal | ||
penalties
provided by law, any person convicted of a criminal | ||
violation of this Act
or the regulations adopted thereunder | ||
shall forfeit to the State
(1) an amount equal to the value of | ||
all profits earned, savings realized,
and benefits incurred as | ||
a direct or indirect result of such violation, and
(2) any | ||
vehicle or conveyance used in the perpetration of such | ||
violation,
except as provided in subsection (b).
| ||
(b) Forfeiture of conveyances shall be subject to the | ||
following exceptions:
| ||
(1) No conveyance used by any person as a common carrier in | ||
the
transaction of business as a common carrier is subject to | ||
forfeiture under
this Section unless it is proven that the | ||
owner or other person in charge of
the conveyance consented to | ||
or was privy to the covered violation.
| ||
(2) No conveyance is subject to forfeiture under this | ||
Section by reason
of any covered violation which the owner | ||
proves to have been committed
without his knowledge or consent.
| ||
(3) A forfeiture of a conveyance encumbered by a bona fide | ||
security
interest is subject to the interest of the secured | ||
party if he neither had
knowledge of nor consented to the | ||
covered violation.
| ||
(c) Except as provided in subsection (d), all property | ||
subject to
forfeiture under this Section shall be seized |
pursuant to the order of a circuit court.
| ||
(d) Property subject to forfeiture under this Section may | ||
be seized by
the Director or any peace officer without process:
| ||
(1) if the seizure is incident to an inspection under an | ||
administrative
inspection warrant, or incident to the | ||
execution of a criminal search or arrest warrant;
| ||
(2) if the property subject to seizure has been the subject | ||
of a prior
judgment in favor of the State in a criminal | ||
proceeding, or in an
injunction or forfeiture proceeding based | ||
upon this Act; or
| ||
(3) if there is probable cause to believe that the property | ||
is directly
or indirectly dangerous to health or safety.
| ||
(e) Property taken or detained under this Section shall not | ||
be subject
to eviction forcible entry and detainer or replevin, | ||
but is deemed to be in the
custody of the Director subject only | ||
to the order and judgments of the
circuit court having | ||
jurisdiction over the forfeiture proceedings. When
property is | ||
seized under this Act, the Director may:
| ||
(1) place the property under seal;
| ||
(2) secure the property or remove the property to a place | ||
designated by him; or
| ||
(3) require the sheriff of the county in which the seizure | ||
occurs to
take custody of the property and secure or remove it | ||
to an appropriate
location for disposition in accordance with | ||
law.
| ||
(f) All amounts forfeited under item (1) of subsection (a) |
shall be
apportioned in the following manner:
| ||
(1) 40% shall be deposited in the Hazardous Waste Fund | ||
created in Section 22.2;
| ||
(2) 30% shall be paid to the office of the Attorney General | ||
or the
State's Attorney of the county in which the violation | ||
occurred, whichever
brought and prosecuted the action; and
| ||
(3) 30% shall be paid to the law enforcement agency which | ||
investigated the violation.
| ||
Any funds received under this subsection (f) shall be used | ||
solely for the
enforcement of the environmental protection laws | ||
of this State.
| ||
(g) When property is forfeited under this Section the court | ||
may order:
| ||
(1) that the property shall be made available for the | ||
official use of
the Agency, the Office of the Attorney General, | ||
the State's Attorney of the
county in which the violation | ||
occurred, or the law enforcement
agency which investigated the | ||
violation, to be used solely for the
enforcement of the | ||
environmental protection laws of this State;
| ||
(2) the sheriff of the county in which the forfeiture | ||
occurs to
take custody of the property and remove it for | ||
disposition in accordance with law; or
| ||
(3) the sheriff of the county in which the forfeiture | ||
occurs to sell
that which is not required to be destroyed by | ||
law and which is not harmful
to the public. The proceeds of | ||
such sale shall be used for payment of all
proper expenses of |
the proceedings for forfeiture and sale, including
expenses of | ||
seizure, maintenance of custody, advertising and court costs,
| ||
and the balance, if any, shall be apportioned pursuant to | ||
subsection (f).
| ||
(Source: P.A. 85-487.)
| ||
Section 25. The Clerks of Courts Act is amended by changing | ||
Sections 27.1a, 27.2, and 27.2a as follows:
| ||
(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 of not more than
500,000 | ||
inhabitants in the instances described in this Section
shall be | ||
as provided in this Section.
In those instances where a minimum | ||
and maximum fee is stated, the clerk of
the circuit court must | ||
charge the minimum fee listed and may charge up to the
maximum | ||
fee if the county board has by resolution increased the fee.
| ||
The fees shall be paid in advance and
shall be as follows:
| ||
(a) Civil Cases.
| ||
With the following exceptions, the fee for filing a | ||
complaint, petition, or other pleading initiating
a civil | ||
action shall be a minimum of $40 and
shall be a maximum of | ||
$160 through December 31, 2021 and a maximum of $154 on and | ||
after January 1, 2022.
| ||
(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, a minimum
of $10 and a maximum of $20.
| ||
(C) When that amount exceeds $500 but does not | ||
exceed $2500, a minimum
of $25 and a maximum of $40.
| ||
(D) When that amount exceeds $2500 but does not | ||
exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||
(E) For the exercise of eminent domain, a minimum | ||
of $45 and
a maximum of $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, a minimum of $45 | ||
and a maximum of $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 2015, $40.
| ||
(b) Eviction Forcible Entry and Detainer .
| ||
In each eviction forcible entry and detainer case when | ||
the plaintiff seeks eviction
possession only or unites with | ||
his or her claim for eviction possession of the property
a | ||
claim for rent or damages or both in the amount of $15,000 | ||
or less, a
minimum of $10 and a maximum of $50.
When the |
plaintiff unites his or her claim for eviction possession | ||
with a claim for
rent or damages or both exceeding $15,000, | ||
a minimum of $40 and a maximum of
$160.
| ||
(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, a
minimum of $20 and a maximum of $50.
When | ||
the amount exceeds $1500, but does not exceed $15,000, a
| ||
minimum of $40 and a maximum of $115. When the
amount | ||
exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||
(e) Appearance.
| ||
The fee for filing an appearance in each civil case | ||
shall be a minimum of
$15 and a maximum of $60,
except as | ||
follows:
| ||
(A) When the plaintiff in an eviction a forcible | ||
entry and detainer case seeks eviction
possession | ||
only, a minimum of $10 and a maximum of $50.
|
(B) When the amount in the case does not exceed | ||
$1500, a minimum of
$10 and a maximum of $30.
| ||
(C) When that amount exceeds $1500 but does not | ||
exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||
(f) Garnishment, Wage Deduction, and Citation.
| ||
In garnishment affidavit, wage deduction affidavit, | ||
and citation
petition when the amount does not exceed | ||
$1,000, a minimum of $5 and a
maximum
of $15; when the | ||
amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||
of $5 and a maximum of
$30; and when the amount exceeds
| ||
$5,000, a minimum of $5 and a maximum of $50.
| ||
(g) Petition to Vacate or Modify.
| ||
(1) Petition to vacate or modify any final judgment or | ||
order of
court, except in eviction 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, a minimum of $20 and a maximum of $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, a minimum of $20 and a maximum of $75.
|
(3) Petition to vacate order of bond forfeiture, a | ||
minimum of $10 and a
maximum of $40.
| ||
(h) Mailing.
| ||
When the clerk is required to mail, the fee will be a | ||
minimum of $2 and a
maximum of $10,
plus the cost of | ||
postage.
| ||
(i) Certified Copies.
| ||
Each certified copy of a judgment after the first, | ||
except in small
claims and eviction forcible entry and | ||
detainer cases, a minimum of $2 and a maximum
of $10.
| ||
(j) Habeas Corpus.
| ||
For filing a petition for relief by habeas corpus, a | ||
minimum of $60 and a
maximum of $100.
| ||
(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, a minimum
of $2 and a maximum of | ||
$6.
| ||
(2) Court appeals when original documents are | ||
forwarded, under 100 pages,
plus delivery and costs, a | ||
minimum of $20 and a maximum of $60.
| ||
(3) Court appeals when original documents are | ||
forwarded, over 100 pages,
plus delivery and costs, a | ||
minimum of $50 and a maximum of $150.
| ||
(4) Court appeals when original documents are | ||
forwarded, over 200
pages, an additional fee of a minimum |
of 20 cents and a maximum of 25 cents per page.
| ||
(5) For reproduction of any document contained in the | ||
clerk's files:
| ||
(A) First page, a minimum of $1 and a maximum
of | ||
$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 a | ||
minimum of $4 and a maximum 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 a
minimum of $4 and a maximum |
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) (Blank).
| ||
(q) Alias Summons.
| ||
For each alias summons or citation issued by the clerk, | ||
a minimum of $2
and a maximum of $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 a minimum of $62.50 | ||
and a maximum of $212.50, 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 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, a minimum | ||
of $10 and a
maximum of $20; for recording
the same, a | ||
minimum of 25 cents and a maximum of 50 cents 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 a | ||
minimum of $15 and a
maximum of $60 for each
expungement | ||
petition filed and an additional fee of a minimum of $2 and | ||
a
maximum 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, a | ||
minimum of $50 and a maximum of
$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 a | ||
minimum of $25 and a maximum of $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 a minimum of
$10 and a maximum of $40.
| ||
(C) For filing a petition to sell Real Estate, $50.
| ||
(2) For administration of the estate of a ward, a | ||
minimum of $50 and a
maximum of $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 a | ||
minimum of $25 and a maximum of $40.
| ||
(B) When (i) letters of office are issued to a | ||
guardian of the person
or persons,
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 a minimum of $10 | ||
and a maximum of
$20.
| ||
(C) For filing a Petition to sell Real Estate, $50.
| ||
(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, a minimum | ||
of $10 and a maximum of $25.
| ||
(B) For filing a claim in an estate when the amount | ||
claimed is $150
or more but less than $500, a minimum |
of $10 and a maximum of $25;
when the amount claimed is | ||
$500 or more
but less than $10,000, a minimum of $10 | ||
and a maximum of $40; when
the amount claimed is | ||
$10,000 or more, a minimum of $10 and a maximum of
$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, a minimum of $40 | ||
and a maximum of $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, a | ||
minimum of $10 and a maximum of $30.
| ||
(F) For each jury demand, a minimum of $62.50 and a | ||
maximum of
$137.50.
| ||
(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, a
| ||
minimum of $30 and a maximum of $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 a minimum of $10 and a
| ||
maximum of $20.
| ||
(H) For each certified copy of letters of office, | ||
of court order or
other certification, a minimum of $1 | ||
and a maximum of $2, plus a
minimum of 50 cents and a | ||
maximum of $1 per page in excess of 3 pages
for the
| ||
document certified.
| ||
(I) For each exemplification, a minimum of $1 and a | ||
maximum of $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, a minimum of $40 and a | ||
maximum of $100.
| ||
(B) Misdemeanor complaints, a minimum of $25 and a | ||
maximum of $75.
| ||
(C) Business offense complaints, a minimum of $25 | ||
and a maximum of
$75.
| ||
(D) Petty offense complaints, a minimum of $25 and | ||
a maximum of $75.
| ||
(E) Minor traffic or ordinance violations, $10.
| ||
(F) When court appearance required, $15.
| ||
(G) Motions to vacate or amend final orders, a | ||
minimum of $20 and a
maximum of $40.
| ||
(H) Motions to vacate bond forfeiture orders, a | ||
minimum of $20 and
a maximum of $40.
| ||
(I) Motions to vacate ex parte judgments, whenever | ||
filed, a minimum of
$20 and a maximum of $40.
| ||
(J) Motions to vacate judgment on forfeitures, | ||
whenever filed, a
minimum of $20 and a maximum of $40.
| ||
(K) Motions to vacate "failure to appear" or | ||
"failure to comply"
notices sent to the Secretary of | ||
State, a minimum of $20 and a maximum of
$40.
|
(2) In counties having a population of not
more
than | ||
500,000 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 a
| ||
minimum of $62.50 and a maximum of $137.50
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, a minimum of $10 and a | ||
maximum of $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 on the | ||
complaint, a minimum of $10 and a maximum of $50.
| ||
(aa) Tax Deeds.
| ||
(1) Petition for tax deed, if only one parcel is | ||
involved, a minimum of
$45 and a maximum of $200.
| ||
(2) For each additional parcel, add a fee of a minimum | ||
of $10 and a
maximum of $60.
| ||
(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 a
minimum of 2% and a maximum of 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 maintaining child support records and the
| ||
processing of support orders to the State of Illinois KIDS | ||
system and the
recording of payments issued by the State | ||
Disbursement Unit for the official
record of the Court. | ||
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 maintain | ||
child support orders and record all payments
issued by the | ||
State Disbursement Unit for the official record of the | ||
Court.
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, a |
minimum of $10 and a maximum of $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.
| ||
(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.
| ||
(4) The fee requirements of this Section shall not | ||
apply to the filing of
any
commitment petition or petition | ||
for an order authorizing the administration of | ||
psychotropic medication or electroconvulsive therapy
under | ||
the Mental Health and
Developmental Disabilities Code.
| ||
(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 nor may any fee be charged for
| ||
proceedings for the appointment of a confidential | ||
intermediary under the
Adoption Act.
| ||
(Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16.)
| ||
(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 500,000 | ||
inhabitants
but less than 3,000,000 inhabitants in the | ||
instances described in this Section
shall be as provided in | ||
this Section.
In those instances where a minimum and maximum | ||
fee is stated, counties with
more than 500,000 inhabitants but | ||
less than 3,000,000 inhabitants must charge
the minimum fee | ||
listed in this Section and may charge up to the maximum fee if
| ||
the county board has by resolution increased the fee.
In | ||
addition, the minimum fees authorized 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.
| ||
With the following exceptions, the fee for filing a | ||
complaint, petition, or other pleading initiating
a civil | ||
action shall be a minimum of $150
and shall be a maximum of | ||
$190 through December 31, 2021 and a maximum of $184 on and | ||
after January 1, 2022.
| ||
(A) When the amount of money or damages or the | ||
value of personal
property claimed does not exceed | ||
$250, a minimum of $10 and a maximum of
$15.
| ||
(B) When that amount exceeds $250 but does not | ||
exceed $1,000, a minimum of $20 and a maximum of $40.
| ||
(C) When that amount exceeds $1,000 but does not | ||
exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||
(D) When that amount exceeds $2500 but does not | ||
exceed $5,000, a minimum of $75 and a maximum of $100.
| ||
(D-5) When the amount exceeds $5,000 but does not | ||
exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||
(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.
| ||
(F) No fees shall be charged by the clerk to a | ||
petitioner in any
order of
protection including, but | ||
not limited to, filing, modifying, withdrawing,
|
certifying, or
photocopying petitions for orders of | ||
protection, or for issuing alias summons,
or for any
| ||
related filing service, certifying, modifying, | ||
vacating, or
photocopying any
orders of protection.
| ||
(b) Eviction Forcible Entry and Detainer .
| ||
In each eviction forcible entry and detainer case when | ||
the plaintiff seeks eviction
possession only or unites with | ||
his or her claim for eviction possession of the property
a | ||
claim for rent or damages or both in the amount of $15,000 | ||
or less, a
minimum of $40 and a maximum of $75.
When the | ||
plaintiff unites his or her claim for eviction possession | ||
with a claim for
rent or damages or both exceeding $15,000, | ||
a minimum of $150 and a
maximum of $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, a
minimum of $50 and a maximum of $60. When |
the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||
When the amount exceeds $5,000, but does not exceed
| ||
$15,000, $175.
When the amount exceeds $15,000, a minimum | ||
of $200 and a maximum of
$250.
| ||
(e) Appearance.
| ||
The fee for filing an appearance in each civil case | ||
shall be a minimum
of $50 and a maximum of $75,
except as | ||
follows:
| ||
(A) When the plaintiff in an eviction a forcible | ||
entry and detainer case seeks eviction
possession | ||
only, a minimum of $20 and a maximum of $40.
| ||
(B) When the amount in the case does not exceed | ||
$1500, a minimum of
$20 and a maximum of $40.
| ||
(C) When the amount in the case exceeds $1500 but | ||
does
not exceed $15,000, a minimum of $40 and a maximum | ||
of $60.
| ||
(f) Garnishment, Wage Deduction, and Citation.
| ||
In garnishment affidavit, wage deduction affidavit, | ||
and citation
petition when the amount does not exceed | ||
$1,000, a minimum of $10 and a
maximum of $15; when the | ||
amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||
of $20 and a maximum
of $30; and when the amount exceeds
| ||
$5,000, a minimum of $30 and a maximum of $50.
| ||
(g) Petition to Vacate
or Modify.
| ||
(1) Petition to vacate
or modify any final judgment or | ||
order of court,
except in eviction 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, a minimum of $40 and a maximum of $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, a minimum of $60 and a maximum
of $75.
| ||
(3) Petition to vacate order of bond forfeiture, a | ||
minimum of $20
and a maximum of $40.
| ||
(h) Mailing.
| ||
When the clerk is required to mail, the fee will be a | ||
minimum of $6
and a maximum of $10, plus the cost of | ||
postage.
| ||
(i) Certified Copies.
| ||
Each certified copy of a judgment after the first, | ||
except in small
claims and eviction forcible entry and | ||
detainer cases, a minimum of $10 and a
maximum of $15.
| ||
(j) Habeas Corpus.
| ||
For filing a petition for relief by habeas corpus, a | ||
minimum of $80
and a maximum of $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, a minimum
of $4 and a maximum of | ||
$6.
| ||
(2) Court appeals when original documents are | ||
forwarded, under 100 pages,
plus delivery and costs, a | ||
minimum of $50 and a maximum of $75.
| ||
(3) Court appeals when original documents are | ||
forwarded, over 100 pages,
plus delivery and costs, a | ||
minimum of $120 and a maximum of $150.
| ||
(4) Court appeals when original documents are | ||
forwarded, over 200
pages, an additional fee of a minimum | ||
of 20 and a maximum 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 a | ||
minimum of $4 and a maximum
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 a
minimum of $4 and a maximum | ||
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) (Blank).
| ||
(q) Alias Summons.
| ||
For each alias summons or citation issued by the clerk, |
a minimum of $4
and a maximum of $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 a minimum of $192.50
| ||
and a maximum of $212.50, 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 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, a minimum | ||
of $10 and a
maximum of $20; for recording
the same, a | ||
minimum of 25¢ and a maximum of 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 a | ||
minimum of $30 and a maximum of $60 for each expungement
| ||
petition filed and an additional fee of a minimum of $2 and | ||
a maximum 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, a | ||
minimum of $100 and a maximum of
$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 a | ||
minimum of $25 and a maximum of $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 a minimum of
$25 and a maximum of $40.
| ||
(2) For administration of the estate of a ward, a | ||
minimum of $50 and
a maximum of $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 a | ||
minimum of $25 and a maximum of $40.
| ||
(B) When (i) letters of office are issued to a | ||
guardian of the
person or persons, 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 a minimum of $10 |
and a
maximum
of $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, a minimum | ||
of $15 and a maximum of $25.
| ||
(B) For filing a claim in an estate when the amount | ||
claimed is $150
or more but less than $500, a minimum | ||
of $10 and a maximum of $20; when
the amount claimed is | ||
$500 or
more but less than $10,000, a minimum of $25 | ||
and a maximum of $40; when
the amount claimed is | ||
$10,000 or more, a minimum of $40 and a maximum of
$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, a minimum of $40 | ||
and a maximum of $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, a | ||
minimum of $10 and a maximum of
$30.
| ||
(F) For each jury demand, a minimum of $102.50 and | ||
a maximum of
$137.50.
| ||
(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, a | ||
minimum of $30 and a maximum of $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 a minimum of $10 and a | ||
maximum of $20.
| ||
(H) For each certified copy of letters of office, | ||
of court order or
other certification, a minimum of $1 | ||
and a maximum of $2, plus a
minimum of 50¢ and a | ||
maximum of $1 per page in excess of 3 pages for the
| ||
document certified.
| ||
(I) For each exemplification, a minimum of $1 and a | ||
maximum of
$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 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, a minimum of $80 and a | ||
maximum of $125.
| ||
(B) Misdemeanor complaints, a minimum of $50 and a | ||
maximum of
$75.
| ||
(C) Business offense complaints, a minimum of $50 | ||
and a maximum of
$75.
| ||
(D) Petty offense complaints, a minimum of $50 and | ||
a maximum of
$75.
| ||
(E) Minor traffic or ordinance violations, $20.
| ||
(F) When court appearance required, $30.
| ||
(G) Motions to vacate or amend final orders, a | ||
minimum of $20 and
a maximum of $40.
|
(H) Motions to vacate bond forfeiture orders, a | ||
minimum of $20 and
a maximum of $30.
| ||
(I) Motions to vacate ex parte judgments, whenever | ||
filed, a minimum
of $20 and a maximum of $30.
| ||
(J) Motions to vacate judgment on forfeitures, | ||
whenever filed, a
minimum of $20 and a maximum of $25.
| ||
(K) Motions to vacate "failure to appear" or | ||
"failure to comply"
notices sent to the Secretary of | ||
State, a minimum of $20 and a maximum of
$40.
| ||
(2) In counties having a population of more than | ||
500,000
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 a
| ||
minimum of $50 and a maximum of $112.50
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, a minimum of $25 and a | ||
maximum of $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, a minimum of $25
and a maximum of $50.
| ||
(aa) Tax Deeds.
| ||
(1) Petition for tax deed, if only one parcel is | ||
involved, a minimum
of $150 and a maximum of $250.
| ||
(2) For each additional parcel, add a fee of a minimum | ||
of $50 and a
maximum 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 a minimum
of 2.5% and a maximum of | ||
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 maintaining child support records and the
| ||
processing of support orders to the State of Illinois KIDS | ||
system and the
recording of payments issued by the State | ||
Disbursement Unit for the official
record of the Court.
| ||
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 maintain | ||
child support orders and record all payments
issued by the | ||
State Disbursement Unit for the official record of the | ||
Court.
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, a | ||
minimum of $15 and a maximum of $25.
| ||
(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.
| ||
The fee requirements of this Section shall not apply to |
the filing of any
commitment petition or petition for an | ||
order authorizing the administration of psychotropic | ||
medication or electroconvulsive therapy under the Mental | ||
Health and
Developmental Disabilities Code.
| ||
(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
nor may any fee be charged
for | ||
proceedings for the
appointment of a confidential | ||
intermediary under the Adoption Act.
| ||
(gg) Unpaid fees.
| ||
Unless a court ordered payment schedule is implemented | ||
or the fee
requirements of this Section are waived pursuant | ||
to court order, the clerk of
the court may add to any | ||
unpaid fees and costs under this Section a delinquency
| ||
amount equal to 5% of the unpaid fees that remain unpaid | ||
after 30 days, 10% of
the unpaid fees that remain unpaid | ||
after 60 days, and 15% of the unpaid fees
that remain | ||
unpaid after 90 days. Notice to those parties may be made |
by
signage posting or publication. The additional | ||
delinquency amounts collected under this Section shall
be | ||
used to defray additional administrative costs incurred by | ||
the clerk of the
circuit court in collecting unpaid fees | ||
and costs.
| ||
(Source: P.A. 99-859, eff. 8-19-16.)
| ||
(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. In those instances where a minimum | ||
and maximum fee is stated, the
clerk of the circuit court must | ||
charge the minimum fee listed
and may charge up to the maximum | ||
fee if the county board has by resolution
increased the fee. | ||
The fees shall be paid in advance and shall be as follows:
| ||
(a) Civil Cases.
| ||
With the following exceptions, the fee for filing a | ||
complaint, petition, or other pleading
initiating a civil | ||
action shall be a minimum
of $190 and shall be a maximum of | ||
$240 through December 31, 2021 and a maximum of $234 on and | ||
after January 1, 2022.
| ||
(A) When the amount of money or damages or the | ||
value of personal
property claimed does not exceed | ||
$250, a minimum of $15 and a maximum of
$22.
| ||
(B) When that amount exceeds $250 but does not |
exceed $1000, a minimum
of $40 and a maximum of $75.
| ||
(C) When that amount exceeds $1000 but does not | ||
exceed $2500, a
minimum of $50 and a maximum of $80.
| ||
(D) When that amount exceeds $2500 but does not | ||
exceed $5000, a
minimum of $100 and a maximum of $130.
| ||
(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.
| ||
(G) For the final determination of parking, | ||
standing, and compliance
violations and final | ||
administrative decisions issued after hearings | ||
regarding
vehicle immobilization and impoundment made | ||
pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||
the Illinois Vehicle Code, $25.
| ||
(H) No fees shall be charged by the clerk to a | ||
petitioner in any
order
of
protection including, but | ||
not limited to, filing, modifying, withdrawing,
| ||
certifying, or
photocopying petitions for orders of | ||
protection, or for issuing alias summons,
or for any
| ||
related filing service, certifying, modifying, | ||
vacating, or
photocopying any
orders of protection.
| ||
(b) Eviction Forcible Entry and Detainer .
|
In each eviction forcible entry and detainer case when | ||
the plaintiff seeks eviction
possession only or unites with | ||
his or her claim for eviction possession of the property
a | ||
claim for rent or damages or both in the amount of $15,000 | ||
or less, a
minimum of $75 and a maximum of $140.
When the | ||
plaintiff unites his or her claim for eviction possession | ||
with a claim for
rent or damages or both exceeding $15,000, | ||
a minimum of $225 and a
maximum of
$335.
| ||
(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, a
minimum of $60 and a maximum of $70.
When | ||
the amount exceeds $1500, but does not exceed $5000, a | ||
minimum of $75
and a maximum of $150.
When the
amount | ||
exceeds $5000, but does not exceed $15,000, a minimum of | ||
$175 and
a
maximum of $260. When the
amount
exceeds | ||
$15,000, a minimum of $250 and a maximum of $310.
|
(e) Appearance.
| ||
The fee for filing an appearance in each civil case | ||
shall be a minimum
of
$75 and a maximum of $110,
except as | ||
follows:
| ||
(A) When the plaintiff in an eviction a forcible | ||
entry and detainer case seeks
possession only, a | ||
minimum of $40 and a maximum of $80.
| ||
(B) When the amount in the case does not exceed | ||
$1500, a minimum of
$40 and a maximum of $80.
| ||
(C) When that amount exceeds $1500 but does not | ||
exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||
(f) Garnishment, Wage Deduction, and Citation.
| ||
In garnishment affidavit, wage deduction affidavit, | ||
and citation
petition when the amount does not exceed | ||
$1,000, a minimum of $15 and a
maximum of $25; when the
| ||
amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||
of $30 and a maximum
of
$45; and when the amount
exceeds
| ||
$5,000, a minimum of $50 and a maximum of $80.
| ||
(g) Petition to Vacate
or Modify.
| ||
(1) Petition to vacate
or modify any final judgment or | ||
order of court,
except in eviction 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, a minimum of $50 and a maximum of $60.
| ||
(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, a minimum of $75 and a maximum
of
$90.
| ||
(3) Petition to vacate order of bond forfeiture, a | ||
minimum of $40
and a
maximum of $80.
| ||
(h) Mailing.
| ||
When the clerk is required to mail, the fee will be a | ||
minimum of $10
and
a maximum of $15,
plus the cost of | ||
postage.
| ||
(i) Certified Copies.
| ||
Each certified copy of a judgment after the first, | ||
except in small
claims and eviction forcible entry and | ||
detainer cases, a minimum of $15 and a
maximum
of $20.
| ||
(j) Habeas Corpus.
| ||
For filing a petition for relief by habeas corpus, a | ||
minimum of $125
and
a maximum of $190.
| ||
(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, a minimum
of $6 and a maximum of | ||
$9.
| ||
(2) Court appeals when original documents are |
forwarded, under 100 pages,
plus delivery and costs, a | ||
minimum of $75 and a maximum of $110.
| ||
(3) Court appeals when original documents are | ||
forwarded, over 100 pages,
plus delivery and costs, a | ||
minimum of $150 and a maximum of $185.
| ||
(4) Court appeals when original documents are | ||
forwarded, over 200
pages, an additional fee of a minimum | ||
of 25 and a maximum of 30 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 a | ||
minimum of $6 and a maximum
of
$9 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
a minimum of $6 and a maximum | ||
of $9.
| ||
(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) (Blank).
| ||
(q) Alias Summons.
| ||
For each alias summons or citation issued by the clerk, | ||
a minimum of $5
and a maximum of $6.
| ||
(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 a minimum of $212.50
| ||
and
maximum of $230, 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, a minimum | ||
of $20 and a
maximum of $40; for
recording
the same, a |
minimum of 50¢ and a maximum of $0.80 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 a | ||
minimum of $60 and
a
maximum of $120 for each
expungement | ||
petition filed and an additional fee of a minimum of $4 and | ||
a
maximum of $8 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, a | ||
minimum of $150 and a maximum of
$225, 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 a | ||
minimum of $40 and a maximum of $65.
| ||
(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 a minimum of
$40 and a maximum of $65.
| ||
(2) For administration of the estate of a ward, a | ||
minimum of $75 and
a
maximum of $110,
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 a | ||
minimum of $40 and a maximum of $65.
| ||
(B) When (i) letters of office are issued to a | ||
guardian of the person
or persons,
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 a minimum of $20 | ||
and a maximum of
$40.
| ||
(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, a minimum | ||
of $25 and a maximum of $40.
| ||
(B) For filing a claim in an estate when the amount | ||
claimed is $150
or more but less than $500, a minimum | ||
of $20 and a maximum of $40; when
the
amount claimed is | ||
$500 or
more but less than $10,000, a minimum of $40 | ||
and a maximum of $65; when
the
amount claimed is | ||
$10,000
or more,
a minimum of $60 and a maximum of $90; | ||
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, a minimum of $60 | ||
and a maximum of $90.
| ||
(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, a | ||
minimum of $30 and a maximum of
$90.
| ||
(F) For each jury demand, a minimum of $137.50 and |
a maximum of
$180.
| ||
(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, a | ||
minimum of $50 and a maximum of $80, 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 a minimum of $20 and a | ||
maximum of $40.
| ||
(H) For each certified copy of letters of office, | ||
of court order or
other certification, a minimum of $2 | ||
and a maximum of $4, 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, a minimum of $125 and a | ||
maximum of $190.
| ||
(B) Misdemeanor complaints, a minimum of $75 and a | ||
maximum of
$110.
| ||
(C) Business offense complaints, a minimum of $75 | ||
and a maximum of
$110.
| ||
(D) Petty offense complaints, a minimum of $75 and | ||
a maximum of
$110.
| ||
(E) Minor traffic or ordinance violations, $30.
| ||
(F) When court appearance required, $50.
| ||
(G) Motions to vacate or amend final orders, a | ||
minimum of $40 and
a
maximum of $80.
| ||
(H) Motions to vacate bond forfeiture orders, a | ||
minimum of $30 and
a
maximum of $45.
| ||
(I) Motions to vacate ex parte judgments, whenever | ||
filed, a minimum
of
$30 and a maximum of $45.
| ||
(J) Motions to vacate judgment on forfeitures, | ||
whenever filed, a
minimum of $25 and a maximum of $30.
|
(K) Motions to vacate "failure to appear" or | ||
"failure to comply"
notices sent to the Secretary of | ||
State, a minimum of $40 and a maximum of
$50.
| ||
(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 a
| ||
minimum of
$112.50 and a maximum of $250
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, a minimum of $40 and a | ||
maximum of $65.
| ||
(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, a minimum of $50 and a maximum of
$100.
| ||
(aa) Tax Deeds.
| ||
(1) Petition for tax deed, if only one parcel is | ||
involved, a minimum
of
$250 and a maximum of $400.
| ||
(2) For each additional parcel, add a fee of a minimum | ||
of $100 and a
maximum of $200.
| ||
(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 maintaining child support records and the
| ||
processing of support orders to the State of Illinois KIDS | ||
system and the
recording of payments issued by the State | ||
Disbursement Unit for the official
record of the Court. | ||
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 maintain | ||
child support orders and record all payments
issued by the | ||
State Disbursement Unit for the official record of the | ||
Court.
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,
a | ||
minimum of $25 and a maximum of $40.
| ||
(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.
| ||
(3) The fee requirements of this Section shall not | ||
apply to the filing
of any
commitment petition or petition | ||
for an order authorizing the administration of | ||
psychotropic medication or electroconvulsive therapy
under | ||
the Mental Health and
Developmental Disabilities Code.
|
(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
nor may any fee be
charged for | ||
proceedings for
the appointment of a confidential | ||
intermediary under the Adoption Act.
| ||
(gg) Unpaid fees.
| ||
Unless a court ordered payment schedule is implemented | ||
or the fee
requirements of this Section are waived pursuant | ||
to court order, the clerk of
the court may add to any | ||
unpaid fees and costs under this Section a delinquency
| ||
amount equal to 5% of the unpaid fees that remain unpaid | ||
after 30 days, 10% of
the unpaid fees that remain unpaid | ||
after 60 days, and 15% of the unpaid fees
that remain | ||
unpaid after 90 days. Notice to those parties may be made | ||
by
signage posting or publication. The additional | ||
delinquency amounts collected under this Section shall
be | ||
used to defray additional administrative costs incurred by | ||
the clerk of the
circuit court in collecting unpaid fees |
and costs.
| ||
(Source: P.A. 99-859, eff. 8-19-16.)
| ||
Section 30. The Code of Civil Procedure is amended by | ||
changing the heading of Article IX and by changing Sections | ||
2-202, 2-1501, 8-1208, 9-104.1, 9-104.2, 9-107, 9-107.5, | ||
9-107.10, 9-109.5, 9-109.7, 9-111, 9-111.1, 9-117, 9-118, | ||
9-119, 9-120, 9-121, 9-207, 9-208, 9-209, 12-903, 15-1504.5, | ||
15-1508, 15-1701, and 19-129 and by adding Section 9-109.6 as | ||
follows:
| ||
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| ||
Sec. 2-202. Persons authorized to serve process; place of
| ||
service; failure to make return. | ||
(a) Process shall be served by a
sheriff, or if the sheriff | ||
is disqualified, by a coroner of some county of the
State. In | ||
matters where the county or State is an interested party, | ||
process may be served by a special investigator appointed by | ||
the State's Attorney of the county, as defined in Section | ||
3-9005 of the Counties Code. A sheriff of a county with a | ||
population of less than 2,000,000
may employ civilian personnel | ||
to serve process. In
counties with a population of less than | ||
2,000,000, process may
be served, without special appointment, | ||
by a person who is licensed or
registered as a private | ||
detective under the Private Detective, Private
Alarm, Private
| ||
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a |
registered
employee of a private detective
agency certified | ||
under that Act as defined in Section (a-5). A private detective | ||
or licensed
employee must supply the sheriff of any county in | ||
which he serves process
with a copy of his license or | ||
certificate; however, the failure of a person
to supply the | ||
copy shall not in any way impair the validity of process
served | ||
by the person. The court may, in its discretion upon motion, | ||
order
service to be made by a private person over 18 years of | ||
age and not a party
to the action.
It is not necessary that | ||
service be made by a sheriff or
coroner of the county in which | ||
service is made. If served or sought to be
served by a sheriff | ||
or coroner, he or she shall endorse his or her return
thereon, | ||
and if by a private person the return shall be by affidavit.
| ||
(a-5) Upon motion and in its discretion, the court may | ||
appoint as a
special process
server a
private detective agency | ||
certified under the Private Detective, Private Alarm,
Private
| ||
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||
the appointment,
any employee of
the
private detective agency | ||
who is registered under that Act may serve the
process. The
| ||
motion and the order of appointment must contain the number of | ||
the certificate
issued to
the private detective agency by the | ||
Department of Professional Regulation under
the
Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of
2004. A private detective or | ||
private detective agency shall send, one time only, a copy of | ||
his, her, or its individual private detective license or |
private detective agency certificate to the county sheriff in | ||
each county in which the detective or detective agency or his, | ||
her, or its employees serve process, regardless of size of the | ||
population of the county. As long as the license or certificate | ||
is valid and meets the requirements of the Department of | ||
Financial and Professional Regulation, a new copy of the | ||
current license or certificate need not be sent to the sheriff. | ||
A private detective agency shall maintain a list of its | ||
registered employees. Registered employees shall consist of: | ||
(1) an employee who works for the agency holding a | ||
valid Permanent Employee Registration Card;
| ||
(2) a person who has applied for a Permanent Employee | ||
Registration Card, has had his or her fingerprints | ||
processed and cleared by the Department of State Police and | ||
the FBI, and as to whom the Department of Financial and | ||
Professional Regulation website shows that the person's | ||
application for a Permanent Employee Registration Card is | ||
pending; | ||
(3) a person employed by a private detective agency who | ||
is exempt from a Permanent Employee Registration Card | ||
requirement because the person is a current peace officer; | ||
and | ||
(4) a private detective who works for a private | ||
detective agency as an employee.
| ||
A detective agency shall maintain this list and forward it to | ||
any sheriff's department that requests this list within 5 |
business days after the receipt of the request. | ||
(b) Summons may be served upon the defendants wherever they | ||
may be
found in the State, by any person authorized to serve | ||
process. An officer
may serve summons in his or her official | ||
capacity outside his or her county,
but fees for mileage | ||
outside the county of the officer cannot be taxed
as costs. The | ||
person serving the process in a foreign county may make
return | ||
by mail.
| ||
(c) If any sheriff, coroner, or other person to whom any | ||
process is
delivered, neglects or refuses to make return of the | ||
same, the plaintiff
may petition the court to enter a rule | ||
requiring the sheriff, coroner,
or other person, to make return | ||
of the process on a day to be fixed by
the court, or to show | ||
cause on that day why that person should not be attached
for | ||
contempt of the court. The plaintiff shall then cause a written
| ||
notice of the rule to be served on the sheriff, coroner, or | ||
other
person. If good and sufficient cause be not shown to | ||
excuse the officer
or other person, the court shall adjudge him | ||
or her guilty of a contempt, and
shall impose punishment as in | ||
other cases of contempt.
| ||
(d) If process is served by a sheriff, coroner, or special | ||
investigator appointed by the State's Attorney, the court may | ||
tax
the fee of the sheriff, coroner, or State's Attorney's | ||
special investigator as costs in the proceeding. If process
is | ||
served by a private person or entity, the court may establish a | ||
fee
therefor and tax such fee as costs in the proceedings.
|
(e) In addition to the powers stated in Section 8.1a of the | ||
Housing
Authorities Act, in counties with a population of | ||
3,000,000 or more
inhabitants,
members of a housing authority | ||
police force may serve process for eviction forcible
entry and | ||
detainer actions commenced by that housing authority and may | ||
execute eviction
orders of possession for that housing | ||
authority.
| ||
(f) In counties with a population of 3,000,000 or more, | ||
process may be
served, with special appointment by the court,
| ||
by a private process server or
a law enforcement agency other | ||
than the county sheriff
in proceedings instituted under the | ||
Forcible Entry and Detainer Article IX of this Code as a result | ||
of a lessor or
lessor's assignee declaring a lease void | ||
pursuant to Section 11 of the
Controlled Substance and Cannabis | ||
Nuisance Act.
| ||
(Source: P.A. 99-169, eff. 7-28-15.)
| ||
(735 ILCS 5/2-1501) (from Ch. 110, par. 2-1501)
| ||
Sec. 2-1501. Writs abolished. The function which was, prior | ||
to January
1, 1979, performed by a writ of execution to enforce | ||
a judgment or order
for the payment of money, or by the writs | ||
of mandamus, injunction, prohibition,
sequestration, habeas | ||
corpus, replevin, ne exeat or attachment, or by the
writ of | ||
possession
in an action of ejectment, or by the writ of | ||
restitution in an eviction action of forcible entry and | ||
detainer , or by the writ of assistance for the possession
of |
real estate, or by a temporary restraining order, shall | ||
hereafter be
performed by a copy of the order or judgment to be | ||
enforced, certified by
the clerk of the court which entered the | ||
judgment or order.
| ||
The clerk's certification shall bear a legend | ||
substantially as follows:
| ||
I hereby certify the above to be correct.
| ||
Dated ..........................
| ||
(Seal of Clerk of Circuit Court)
| ||
................................
| ||
Clerk of the Circuit Court of .............. Illinois.
| ||
This order is the command of the Circuit Court and | ||
violation thereof is
subject to the penalty of the law.
| ||
(Source: P.A. 83-707.)
| ||
(735 ILCS 5/8-1208) (from Ch. 110, par. 8-1208)
| ||
Sec. 8-1208. Official certificate - Land office. The | ||
official certificate
of any register or receiver of any
land | ||
office of the United States, to any fact or matter on record in | ||
his or her
office, shall be received in evidence in any court | ||
in this State, and
shall be competent to prove the fact so | ||
certified. The certificate of
any such register, of the entry | ||
or purchase of any tract of land within
his or her district, | ||
shall be deemed and taken to be evidence of title in the
party | ||
who made such entry or purchase, or his or her legatees, heirs | ||
or assigns, and
shall enable such party, his or her legatees, |
heirs or assigns, to recover
or protect the
possession of the | ||
land described in such certificate, in any eviction action or | ||
action of
ejectment or forcible entry and detainer , unless a | ||
better legal and
paramount title be exhibited for the same. The | ||
signature of such
register or receiver may be proved by a | ||
certificate of the Secretary of
State, under his or her seal, | ||
that such signature is genuine.
| ||
(Source: P.A. 83-707.)
| ||
(735 ILCS 5/Art. IX heading) | ||
ARTICLE IX
| ||
EVICTION FORCIBLE ENTRY AND DETAINER
| ||
(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
| ||
Sec. 9-104.1.
Demand; Notice; Return; Condominium and | ||
Contract
Purchasers.
| ||
(a) In case there is a contract for the purchase of such | ||
lands
or tenements or in case of condominium property, the | ||
demand shall give the
purchaser under such contract, or to the | ||
condominium unit owner, as the
case may be, at least 30 days to | ||
satisfy the terms of the demand before an
action is filed. In | ||
case of a condominium unit, the demand shall set forth
the | ||
amount claimed which must be paid within the time prescribed in | ||
the
demand and the time period or periods when the amounts were | ||
originally due,
unless the demand is for compliance with | ||
Section 18(n) of the Condominium
Property Act, in which case |
the demand shall set forth the nature of the
lease and | ||
memorandum of lease or the leasing requirement not satisfied.
| ||
The amount claimed shall include regular or special | ||
assessments, late
charges or interest for delinquent | ||
assessments, and attorneys' fees claimed
for services incurred | ||
prior to the demand. Attorneys' fees claimed by
condominium | ||
associations in the demand shall be subject to review by the
| ||
courts in any eviction forcible entry and detainer proceeding | ||
under subsection (b) of Section 9-111
of this Act.
The demand | ||
shall be signed by the person claiming such possession, his or
| ||
her agent, or attorney.
| ||
(b) In the case of a condominium unit, the demand is not | ||
invalidated by
partial payment of amounts due if the payments | ||
do not, at the end of the
notice period, total the amounts | ||
demanded in the notice for common
expenses, unpaid fines, | ||
interest, late charges, reasonable attorney fees
incurred | ||
prior to the initiation of any court action and costs of
| ||
collection. The person claiming possession, or his or her agent | ||
or
attorney, may, however, agree in writing to withdraw the | ||
demand in exchange
for receiving partial payment. To prevent | ||
invalidation, the notice must
prominently state:
| ||
"Only FULL PAYMENT of all amounts demanded in this notice | ||
will invalidate
the demand, unless the person claiming | ||
possession, or his or her agent or
attorney, agrees in writing | ||
to withdraw the demand in exchange for
receiving partial | ||
payment."
|
(c) The demand set forth in subsection (a) of this Section | ||
shall be
served either personally upon such purchaser or | ||
condominium unit owner or
by sending the demand thereof by | ||
registered or certified mail with return
receipt requested to | ||
the last known address of such purchaser or condominium
unit | ||
owner or in case no one is in the actual possession of the | ||
premises,
then by posting the same on the premises. When such | ||
demand is made by an
officer authorized to serve process, his | ||
or her return is prima facie
evidence of the facts therein | ||
stated and if such demand is made by any
person not an officer, | ||
the return may be sworn to by the person serving the
same, and | ||
is then prima facie evidence of the facts therein stated.
To be | ||
effective service under this Section, a demand sent by | ||
certified or
registered mail to the last known address need not | ||
be received by the
purchaser or condominium unit owner.
No
| ||
other demand shall be required as a prerequisite to filing an | ||
action under
paragraph (7) of subsection (a) of Section 9-102 | ||
of this Act.
Service of the demand by registered or certified | ||
mail shall be deemed
effective upon deposit in the United | ||
States mail with proper postage prepaid
and addressed as | ||
provided in this subsection.
| ||
(Source: P.A. 90-496, eff. 8-18-97.)
| ||
(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
| ||
Sec. 9-104.2. Condominiums: demand, notice, termination of | ||
lease, and eviction Demand - Notice - Termination of Lease and |
Possession of a
Condominium . | ||
(a) Unless the Board of Managers is seeking to evict
| ||
terminate the right of possession of a tenant or other occupant | ||
of a unit
under
an existing lease or other arrangement with the | ||
owner
of a unit, no demand nor summons need be served upon the | ||
tenant or other
occupant in connection
with an action brought | ||
under paragraph (7) of subsection (a) of Section
9-102 of this | ||
Article.
| ||
(a-5) The Board of Managers may seek to evict terminate
the | ||
right of possession of a tenant or other occupant of a unit | ||
under an
existing lease or other arrangement between the tenant | ||
or other occupant and
the defaulting owner of a unit, either | ||
within the same action against the unit
owner under paragraph | ||
(7) of subsection (a) of Section 9-102 of this Article or
| ||
independently thereafter under other paragraphs of that | ||
subsection. If a
tenant or other occupant of a unit is joined | ||
within
the same action against the defaulting unit owner under | ||
paragraph (7),
only the unit owner and not the tenant or other | ||
occupant
need to be served with 30 days prior written notice as
| ||
provided in this Article.
The tenant or other occupant may be | ||
joined as additional defendants at the
time the suit is filed
| ||
or at any time thereafter prior to execution of the eviction | ||
order judgment for possession by
filing, with or without prior | ||
leave of the court, an amended complaint and
summons for trial. | ||
If the complaint alleges that the unit is occupied or may
be | ||
occupied by persons other than or in addition to the unit owner |
of record,
that the identities of the persons are concealed and | ||
unknown, they may be named
and joined as defendant "Unknown | ||
Occupants". Summons may be served on the
defendant "Unknown | ||
Occupants" by the sheriff or court appointed process server
by | ||
leaving a copy at the unit with any person residing at the unit | ||
of the age
of
13 years or greater, and if the summons is | ||
returned without service stating
that service cannot be | ||
obtained, constructive service may be obtained pursuant
to | ||
Section 9-107 of this Code with notice mailed to "Unknown | ||
Occupants" at the
address of the unit. If prior to execution of | ||
the eviction order judgment for possession the
identity of a | ||
defendant or defendants served in this manner is discovered, | ||
his
or her name or names
and the record may be corrected upon | ||
hearing pursuant to notice of motion
served upon the identified | ||
defendant or defendants at the unit in the manner
provided by
| ||
court rule for service of notice of motion.
If , however , an | ||
action under paragraph (7) was brought
against the defaulting | ||
unit owner only, and after obtaining an eviction order judgment | ||
for
possession and expiration of the stay on enforcement the | ||
Board of Managers
elects not to accept a tenant or occupant in | ||
possession as its own and to
commence a separate action, | ||
written
notice of the eviction order judgment against the unit | ||
owner and demand to quit the premises
shall be served on the | ||
tenant or other occupant in the manner provided under
Section | ||
9-211 at
least 10 days prior to bringing suit to evict recover | ||
possession from the tenant or
other occupant.
|
(b) If an eviction order a judgment for possession is | ||
granted to the Board of Managers under
Section 9-111, any | ||
interest of the unit owner to receive rents under any
lease | ||
arrangement shall
be deemed assigned to the Board of Managers | ||
until such time as the judgment is
vacated.
| ||
(c) If an eviction order a judgment for possession is | ||
entered, the Board of Managers may
obtain from the clerk of the | ||
court an informational certificate notifying any
tenants
not | ||
parties to the proceeding of the assignment of the unit owner's | ||
interest
in the lease arrangement to the Board of Managers
as a | ||
result of the entry of the eviction order judgment for | ||
possession and stating that
any rent hereinafter due the unit | ||
owner or his agent under the lease
arrangement should be paid | ||
to the Board of Managers until further order of
court. If the | ||
tenant pays his rent to the association pursuant to the
entry | ||
of such an eviction order a judgement for possession , the unit | ||
owner may not sue said
tenant for any such amounts the tenant | ||
pays the association.
Upon service of the certificate on the | ||
tenant in the manner provided by
Section 9-211 of this Code, | ||
the tenant shall be obligated to pay the rent under
the lease | ||
arrangement to the Board of Managers as it becomes due. If the
| ||
tenant thereafter fails and refuses to pay the rent, the Board | ||
of Managers may
bring an eviction action for possession after | ||
making a demand for rent in accordance
with Section 9-209 of | ||
this Code.
| ||
(c-5) In an action against the unit owner and lessee to |
evict a lessee for
failure of the lessor/owner of the | ||
condominium unit to comply with the leasing
requirements | ||
prescribed by subsection (n) of Section 18 of the Condominium
| ||
Property Act or by
the declaration, bylaws, and rules and | ||
regulations of the condominium, or
against a lessee for any | ||
other breach by the lessee of any covenants, rules,
| ||
regulations, or bylaws of the condominium, the demand shall | ||
give the lessee at
least 10 days to quit and vacate the unit. | ||
The notice shall be substantially
in the following form:
| ||
"TO A.B. You are hereby notified that in consequence of | ||
(here insert
lessor-owner name) failure to comply with the | ||
leasing requirements prescribed
by Section 18(n) of the | ||
Condominium Property Act or by the declaration, bylaws,
and | ||
rules and regulations of the condominium, or your default | ||
of any covenants,
rules, regulations or bylaws of the | ||
condominium, in (here insert the character
of the default) | ||
of the premises now occupied by you, being (here described | ||
the
premises) the Board of Managers of (here describe the | ||
condominium) Association
elects to terminate your lease, | ||
and you are hereby notified to quit and vacate
same within | ||
10 days of this date.".
| ||
The demand shall be signed by the Board of Managers, its | ||
agent, or attorney
and shall be served either personally upon | ||
the lessee with a copy to the unit
owner or by sending the | ||
demand thereof by registered or certified mail with
return | ||
receipt requested to the unit occupied by the lessee and to the |
last
known address of the unit owner, and no other demand of | ||
termination of such
tenancy shall be required. To be effective | ||
service under this Section, a
demand sent by certified mail, | ||
return receipt requested, to the unit occupied
by the lessee | ||
and to the last known address of the unit owner need not be
| ||
received by the lessee or condominium unit owner.
| ||
(d) Nothing in this Section 9-104.2 is intended to confer | ||
upon a Board of
Managers any greater authority with respect to | ||
possession of a unit after a
judgment than was previously | ||
established by this Act.
| ||
(Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
| ||
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
| ||
Sec. 9-107. Constructive service. If the plaintiff, his or | ||
her agent,
or attorney files an eviction a forcible
detainer | ||
action, with or without joinder of a claim for rent in the
| ||
complaint, and is unable to obtain personal service on the
| ||
defendant or unknown occupant and a summons duly issued in such | ||
action is returned
without service stating that service can not | ||
be obtained, then the
plaintiff, his or her agent or attorney | ||
may file an affidavit stating that the
defendant or unknown | ||
occupant is not a resident of this State, or has departed from | ||
this
State, or on due inquiry cannot be found, or is concealed | ||
within this
State so that process cannot be served upon him or | ||
her, and also stating the
place of residence of the defendant | ||
or unknown occupant, if known, or if
not known, that
upon |
diligent inquiry the affiant has not been able to ascertain the
| ||
defendant's or unknown occupant's place of residence, then in | ||
all such eviction
forcible detainer cases
whether or not a | ||
claim for rent is joined with the complaint for
possession, the | ||
defendant or unknown occupant may be notified by posting
and | ||
mailing of
notices; or by publication and mailing, as provided | ||
for in
Section 2-206 of this Act. However, in cases where the | ||
defendant or unknown
occupant is notified by
posting and | ||
mailing of notices or by publication and mailing, and the
| ||
defendant or unknown occupant does not appear generally, the | ||
court may rule
only on the
portion of the complaint which seeks | ||
an eviction order judgment for possession , and the
court shall | ||
not enter judgment as to any rent claim joined in the
complaint | ||
or enter personal judgment for any amount owed by a unit owner
| ||
for his or her proportionate share of the common expenses, | ||
however, an in
rem judgment may be entered against the unit for | ||
the amount of common expenses
due, any other expenses lawfully | ||
agreed upon or the amount of any unpaid
fine, together with | ||
reasonable attorney fees, if any, and costs. The claim
for rent | ||
may remain pending until such time as the
defendant or unknown | ||
occupant appears generally or is served with summons, but the | ||
eviction order for
possession shall be final, enforceable and | ||
appealable if the court makes
an express written finding that | ||
there is no just reason for delaying
enforcement or appeal, as | ||
provided by Supreme Court rule of this State.
| ||
Such notice shall be in the name of the clerk of the court, |
be
directed to the defendant or unknown occupant, shall state | ||
the nature of the cause against
the defendant or unknown | ||
occupant and at whose instance issued and the time and place | ||
for
trial, and shall also state that unless the defendant or | ||
unknown occupant appears at the
time and place fixed for trial, | ||
judgment will be entered by default, and
shall specify the | ||
character
of the judgment that will be entered in such cause. | ||
The sheriff shall
post 3 copies of the notice in 3 public | ||
places in the neighborhood of
the court where the cause is to | ||
be tried, at least 10 days prior to the
day set for the | ||
appearance, and, if the place of residence of the
defendant or | ||
unknown occupant is stated in any affidavit on file, shall at | ||
the
same time
mail one copy of the notice addressed to such | ||
defendant or unknown occupant at
such place of
residence shown | ||
in such affidavit. On or before the day set for the
appearance, | ||
the sheriff shall file the notice with an endorsement thereon
| ||
stating the time when and places where the sheriff posted and | ||
to whom and
at what address he or she mailed copies as required | ||
by this Section. For want
of sufficient notice any cause may be | ||
continued from time to time until
the court has jurisdiction of | ||
the defendant or unknown occupant.
| ||
(Source: P.A. 92-823, eff. 8-21-02.)
| ||
(735 ILCS 5/9-107.5)
| ||
Sec. 9-107.5. Notice to unknown occupants.
| ||
(a) Service of process upon an
unknown
occupant may be had |
by delivering a copy of the summons and complaint naming
| ||
"unknown occupants" to the tenant or any unknown occupant or | ||
person of the age
of 13
or upwards occupying the premises.
| ||
(b) If unknown occupants are not named in the initial
| ||
summons
and complaint and an eviction order a judgment for | ||
possession in favor of the plaintiff is
entered, but the
order | ||
does not include unknown occupants and the sheriff determines
| ||
when
executing the eviction order judgment for possession that | ||
persons not included in the
order are
in possession of the | ||
premises, then the sheriff shall leave with a person of
the age | ||
of 13
years or upwards occupying the premises, a copy of the | ||
order, or
if no one is present in the premises to accept the | ||
order or refuses
to accept
the order, then by posting a copy of | ||
the order on the
premises. In
addition to leaving a copy of the | ||
order or posting of the
order, the
sheriff shall also
leave or | ||
post a notice addressed to "unknown occupants" that states | ||
unless any
unknown
occupants file a written petition with the | ||
clerk that sets forth the unknown
occupant's
legal claim for | ||
possession within 7 days of the date the notice is posted or
| ||
left with any
unknown occupant, the unknown occupants shall be | ||
evicted from the premises. If
any
unknown occupants file such a | ||
petition, a hearing on the merits of the unknown
occupant's
| ||
petition shall be held by the court within 7 days of the filing | ||
of the petition
with the clerk.
The unknown occupants shall | ||
have the burden of proof in establishing a legal
right to
| ||
continued possession.
|
(c) The plaintiff may obtain an eviction order a judgment | ||
for possession only and not for rent
as
to any
unknown | ||
occupants.
| ||
(d) Nothing in this Section may be construed so as to vest | ||
any rights to
persons
who are criminal trespassers, nor may | ||
this Section be construed in any way
that interferes
with the | ||
ability of law enforcement officials removing persons or | ||
property from
the
premises when there is a criminal trespass.
| ||
(Source: P.A. 92-823, eff. 8-21-02.)
| ||
(735 ILCS 5/9-107.10) | ||
Sec. 9-107.10. Military personnel in military service; | ||
eviction action for possession . | ||
(a) In this Section: | ||
"Military service" means any full-time training or duty, no | ||
matter how described under federal or State law, for which a | ||
service member is ordered to report by the President, Governor | ||
of a state, commonwealth, or territory of the United States, or | ||
other appropriate military authority. | ||
"Service member" means a resident of Illinois who is a | ||
member of any component of the U.S. Armed Forces or the | ||
National Guard of any state, the District of Columbia, a | ||
commonwealth, or a territory of the United States.
| ||
(b) In a residential eviction an action for possession of | ||
residential premises of a tenant , including eviction of a | ||
tenant who is a resident of a mobile home park, who is a |
service member that has entered military service, or of any | ||
member of the tenant's family who resides with the tenant, if | ||
the tenant entered into the rental agreement on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, the court may, on its own motion, and shall, upon | ||
motion made by or on behalf of the tenant, do either of the | ||
following if the tenant's ability to pay the agreed rent is | ||
materially affected by the tenant's military service: | ||
(1) Stay the proceedings for a period of 90 days, | ||
unless, in the opinion of the court, justice and equity | ||
require a longer or shorter period of time. | ||
(2) Adjust the obligation under the rental agreement to | ||
preserve the interest of all parties to it. | ||
(c) In order to be eligible for the benefits granted to | ||
service members under this Section, a service member or a | ||
member of the service member's family who resides with the | ||
service member must provide the landlord or mobile home park | ||
operator with a copy of the orders calling the service member | ||
to military service in excess of 29 consecutive days and of any | ||
orders further extending the period of service.
| ||
(d) If a stay is granted under this Section, the court may | ||
grant the landlord or mobile home park operator such relief as | ||
equity may require.
| ||
(e) A violation of this Section constitutes a civil rights | ||
violation under the Illinois Human Rights Act.
All proceeds | ||
from the collection of any civil penalty
imposed pursuant to |
the Illinois Human Rights Act under this subsection shall be | ||
deposited into the Illinois Military Family Relief Fund. | ||
(Source: P.A. 97-913, eff. 1-1-13.)
| ||
(735 ILCS 5/9-109.5)
| ||
Sec. 9-109.5. Standard of Proof. After a trial, if the | ||
court finds, by a
preponderance of the evidence,
that the | ||
allegations in the complaint have been proven, the court
shall | ||
enter an eviction order judgment for possession of the premises | ||
in favor of the
plaintiff.
| ||
(Source: P.A. 90-557, eff. 6-1-98.)
| ||
(735 ILCS 5/9-109.6 new) | ||
Sec. 9-109.6. Residential eviction order; form. A | ||
standardized residential eviction order form, as determined by | ||
the Supreme Court, shall be used statewide.
| ||
(735 ILCS 5/9-109.7)
| ||
Sec. 9-109.7. Stay of enforcement; drug related action. An | ||
eviction order A judgment for
possession of the premises | ||
entered in an action brought by a lessor or lessor's
assignee, | ||
if the action was brought
as a result of a lessor or lessor's | ||
assignee declaring a lease void
pursuant to Section 11 of the | ||
Controlled Substance and Cannabis Nuisance Act,
may not be | ||
stayed for any period in excess of 7 days by the court.
| ||
Thereafter the plaintiff shall be entitled to re-enter the |
premises
immediately. The sheriff or other lawfully deputized | ||
officers shall execute an
order entered pursuant to this | ||
Section
within 7 days of its entry, or within 7 days of the | ||
expiration of
a stay of judgment, if one is entered.
| ||
(Source: P.A. 90-557, eff. 6-1-98.)
| ||
(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
| ||
Sec. 9-111. Condominium property.
| ||
(a) As to property subject to the
provisions of the | ||
"Condominium Property Act", approved June 20, 1963, as
amended, | ||
when the action is based upon the failure of an owner of a unit
| ||
therein to pay when due his or her proportionate share of the | ||
common
expenses of the property, or of any other expenses | ||
lawfully agreed upon or
the amount of any unpaid fine, and if | ||
the court finds that the expenses or
fines are due to the | ||
plaintiff, the plaintiff shall be entitled to the
possession of | ||
the whole of the premises claimed, and the court shall enter an | ||
eviction order judgment in favor of
the plaintiff shall be | ||
entered for the possession thereof and judgment for the
amount | ||
found due by the court including interest and late charges, if | ||
any,
together with reasonable attorney's fees, if any, and for | ||
the plaintiff's
costs. The awarding of reasonable attorney's | ||
fees shall be pursuant to the
standards set forth in subsection | ||
(b) of this Section 9-111. The court
shall, by order, stay the | ||
enforcement of the eviction order judgment for possession for
a | ||
period of not less than 60 days from the date of the judgment |
and may
stay the enforcement of the order judgment for a period | ||
not to exceed 180 days
from such date. Any judgment for money | ||
or any rent assignment under
subsection (b) of Section 9-104.2 | ||
is not subject to this stay. The eviction order judgment
for | ||
possession is not subject to an exemption of homestead under | ||
Part 9 of
Article XII of this Code. If at any
time, either | ||
during or after the period of stay, the
defendant pays such | ||
expenses found due by the court, and costs, and reasonable
| ||
attorney's fees as fixed by the court, and the defendant is
not | ||
in arrears on his or her share of the common expenses for the | ||
period
subsequent to that covered by the order judgment , the | ||
defendant may file a motion to
vacate the order judgment in the | ||
court in which the order judgment was entered, and, if the
| ||
court, upon the hearing of such motion, is satisfied that the | ||
default in
payment of the proportionate share of expenses has | ||
been cured, and if the court
finds that the premises are not | ||
presently let by the board of managers as
provided in Section | ||
9-111.1 of this Act, the order judgment shall be vacated. If | ||
the
premises are being let by the board of managers as provided | ||
in Section 9-111.1
of this Act, when any order judgment is | ||
sought to be vacated, the court shall vacate
the order judgment | ||
effective concurrent with the expiration of the lease term. | ||
Unless
defendant files such motion to vacate in the court or | ||
the order judgment is otherwise
stayed, enforcement of the | ||
order judgment may proceed immediately upon the expiration
of | ||
the period of stay and all rights of the defendant to |
possession of his or
her unit shall cease and determine until | ||
the date that the order judgment may
thereafter be vacated in | ||
accordance with the foregoing provisions, and
notwithstanding | ||
payment of the amount of any money judgment if the unit owner
| ||
or occupant is in
arrears for the period after the date of | ||
entry of the order judgment as provided in
this Section. | ||
Nothing
herein contained shall be construed as affecting the | ||
right of the board of
managers, or its agents, to any lawful | ||
remedy or relief other than that
provided by Part 1 of this | ||
Article IX of this Act .
| ||
This amendatory Act of the 92nd General Assembly is | ||
intended as a
clarification of existing law and not as a new | ||
enactment.
| ||
(b) For purposes of determining reasonable attorney's fees | ||
under
subsection (a), the court shall consider:
| ||
(i) the time expended by the attorney;
| ||
(ii) the reasonableness of the hourly rate for the work | ||
performed;
| ||
(iii) the reasonableness of the amount of time expended | ||
for the work
performed; and
| ||
(iv) the amount in controversy and the nature of the | ||
action.
| ||
(Source: P.A. 91-196, eff. 7-20-99; 92-540, eff. 6-12-02.)
| ||
(735 ILCS 5/9-111.1)
| ||
Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of |
an eviction order a judgment
in favor of a board of managers
| ||
for possession of property under the Condominium Property Act, | ||
as provided in
Section 9-111 of this Act, and upon delivery of | ||
possession of
the premises by the
sheriff or other authorized | ||
official to the board of managers pursuant to
execution upon | ||
the order judgment , the board of managers shall have the right | ||
and
authority, incidental to the right of possession of a unit | ||
under the order judgment ,
but not the obligation, to lease the | ||
unit to a bona fide tenant (whether the
tenant is in occupancy | ||
or not) pursuant to a written lease for a term which may | ||
commence at any time within 8 months after the month in which | ||
the date of expiration of the stay of the order judgment | ||
occurs. The term may not
exceed 13 months from the date of | ||
commencement of the lease. The court may, upon motion of the | ||
board of managers and with notice to the evicted dispossessed | ||
unit owner, permit or extend a lease for one or more additional | ||
terms not to exceed 13 months per term. The
board of managers | ||
shall first apply all rental income to assessments and other
| ||
charges sued upon in the eviction action for possession plus | ||
statutory interest on a
monetary judgment, if any, attorneys' | ||
fees, and court costs incurred; and then
to other expenses | ||
lawfully agreed upon (including late charges), any fines and
| ||
reasonable expenses necessary to make the unit rentable, and | ||
lastly to
assessments accrued thereafter until assessments are | ||
current. Any surplus
shall be remitted to the unit owner. The | ||
court shall retain jurisdiction to
determine the |
reasonableness of the expense of making the unit rentable.
| ||
(Source: P.A. 98-996, eff. 1-1-15 .)
| ||
(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
| ||
Sec. 9-117. Expiration of order judgment . No eviction order | ||
judgment for possession
obtained in an action brought under | ||
this Article may be enforced more than 120
days after the order | ||
judgment is entered, unless upon motion by the plaintiff
the | ||
court grants an extension of the period of enforcement of the | ||
order judgment .
Plaintiff's notice of motion shall contain the | ||
following notice directed
to the defendant:
| ||
"The plaintiff in this case, (insert name), obtained an | ||
eviction judgment against
you on (insert date), but the | ||
sheriff did not evict you within the 120 days
that the | ||
plaintiff has to evict after a judgment in court. On the | ||
date
stated in this notice, the plaintiff will be asking | ||
the court to allow the
sheriff to evict you based on that | ||
judgment. You must attend the court
hearing if you want the | ||
court to stop the plaintiff from having you evicted.
To | ||
prevent the eviction, you must be able to prove that (1) | ||
the plaintiff
and you made an agreement after the judgment | ||
(for instance, to pay up back
rent or to comply with the | ||
lease) and you have lived up to the agreement;
or (2) the | ||
reason the plaintiff brought the original eviction case has | ||
been
resolved or forgiven, and the eviction the plaintiff | ||
now wants the court to
grant is based on a new or different |
reason; or (3) that you have another
legal or equitable | ||
reason why the court should not grant the plaintiff's
| ||
request for your eviction."
| ||
The court shall grant the motion for the extension of the | ||
eviction order judgment of
possession unless the defendant | ||
establishes that the tenancy has been
reinstated, that the | ||
breach upon which the order judgment was issued has
been cured | ||
or waived, that the plaintiff and defendant entered into a
| ||
post-judgment agreement whose terms the defendant has | ||
performed, or that
other legal or equitable grounds exist that | ||
bar enforcement of the order judgment .
This Section does not | ||
apply to any action based upon a breach of a contract
entered | ||
into on or after July 1, 1962, for the purchase of premises in
| ||
which the court has entered a stay under Section 9-110; nor | ||
shall this
Section apply to any action to which the provisions | ||
of Section 9-111 apply;
nor shall this Section affect the | ||
rights of Boards of Managers under
Section 9-104.2.
| ||
(Source: P.A. 99-753, eff. 1-1-17 .)
| ||
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
| ||
Sec. 9-118. Emergency housing eviction proceedings.
| ||
(a) As used in this Section:
| ||
"Cannabis" has the meaning ascribed to that term in the | ||
Cannabis Control Act.
| ||
"Narcotics" and "controlled substance" have the meanings | ||
ascribed to those
terms in the Illinois Controlled Substances |
Act.
| ||
(b) This Section applies only if all of the following | ||
conditions are
met:
| ||
(1) The complaint seeks possession of premises that are
| ||
owned or managed by a housing authority established under | ||
the Housing
Authorities Act or privately owned and managed.
| ||
(2) The verified complaint alleges that there is direct
| ||
evidence of any of the following:
| ||
(A) unlawful possessing, serving, storing, | ||
manufacturing, cultivating,
delivering, using, | ||
selling, giving away, or
trafficking in cannabis, | ||
methamphetamine, narcotics, or controlled substances
| ||
within or upon the premises by or with the knowledge | ||
and consent of, or in
concert with the person or | ||
persons named in the complaint; or
| ||
(B) the possession, use, sale, or delivery of a | ||
firearm which is
otherwise prohibited by State law
| ||
within or upon the premises by or with the
knowledge | ||
and consent of, or in concert with, the person or | ||
persons named in
the complaint; or
| ||
(C) murder, attempted murder, kidnapping, | ||
attempted kidnapping, arson,
attempted arson, | ||
aggravated battery, criminal sexual
assault, attempted | ||
criminal sexual assault, aggravated criminal sexual | ||
assault,
predatory criminal sexual assault of a child, | ||
or criminal sexual abuse
within or upon the premises by |
or with the
knowledge and consent of, or in concert | ||
with, the person or persons named in
the complaint.
| ||
(3) Notice by verified complaint setting forth the | ||
relevant facts, and a
demand for possession of the type | ||
specified in Section 9-104 is served on
the tenant or | ||
occupant of the premises at least 14 days before a hearing | ||
on
the complaint is held, and proof of service of the | ||
complaint is submitted
by the plaintiff to the court.
| ||
(b-5) In all actions brought under this Section 9-118, no | ||
predicate notice
of termination or demand for possession shall | ||
be required to initiate an
eviction action.
| ||
(c) When a complaint has been filed under this Section, a | ||
hearing on the
complaint shall be scheduled on any day after | ||
the expiration of 14 days
following the filing of the | ||
complaint. The summons shall advise the defendant
that a | ||
hearing on the complaint shall be held at the specified date | ||
and time,
and that the defendant should be prepared to present | ||
any evidence on his or her
behalf at that time.
| ||
If a plaintiff which is a public housing authority accepts
| ||
rent from the defendant after an action is initiated under this
| ||
Section, the acceptance of rent shall not be a cause for | ||
dismissal of the
complaint.
| ||
(d) If the defendant does not appear at the hearing, an | ||
eviction order judgment for
possession of the premises in favor | ||
of the plaintiff shall be entered by
default. If the defendant | ||
appears, a trial shall be held immediately as is
prescribed in |
other eviction proceedings for possession . The matter shall not | ||
be
continued beyond 7 days from the date set for the first | ||
hearing on the
complaint except by agreement of both the | ||
plaintiff and the defendant. After a
trial, if the court finds, | ||
by a preponderance of the evidence, that the
allegations in the | ||
complaint have been proven, the court shall enter an eviction | ||
order judgment
for possession of the premises in favor of the | ||
plaintiff and the court shall
order that the plaintiff shall be | ||
entitled to re-enter the premises
immediately.
| ||
(d-5) If cannabis, methamphetamine, narcotics, or | ||
controlled substances are found or used
anywhere in the | ||
premises, there is a rebuttable presumption either (1) that the
| ||
cannabis, methamphetamine,
narcotics, or controlled substances | ||
were used or possessed by a tenant
or occupant or (2) that a | ||
tenant or occupant permitted the premises to be used
for
that | ||
use or possession, and knew or should have reasonably known | ||
that the
substance was used or possessed.
| ||
(e) An eviction order A judgment for possession entered | ||
under this Section may not be
stayed for any period in excess | ||
of 7 days by the court. Thereafter the
plaintiff shall be | ||
entitled to re-enter the premises immediately. The sheriff
or | ||
other lawfully deputized officers shall give priority to | ||
service and
execution of orders entered under this Section over | ||
other possession orders.
| ||
(f) This Section shall not be construed to prohibit the use | ||
or possession
of cannabis, methamphetamine, narcotics, or a |
controlled substance that has been legally
obtained in | ||
accordance with a valid prescription for the personal use of a
| ||
lawful occupant of a dwelling unit.
| ||
(Source: P.A. 94-556, eff. 9-11-05.)
| ||
(735 ILCS 5/9-119)
| ||
Sec. 9-119. Emergency subsidized housing eviction | ||
proceedings.
| ||
(a) As used in this Section:
| ||
"FmHA" means the Farmers Home Administration or a local | ||
housing
authority administering an FmHA program.
| ||
"HUD" means the United States Department of Housing and | ||
Urban
Development, or the Federal Housing Administration or a | ||
local housing authority
administering a HUD program.
| ||
"Section 8 contract" means a contract with HUD or FmHA | ||
which provides rent
subsidies entered into pursuant to Section | ||
8 of the United States Housing Act
of 1937 or the Section 8 | ||
Existing Housing Program (24 C.F.R. Part 882).
| ||
"Subsidized housing" means:
| ||
(1) any housing or unit of housing subject to a
Section | ||
8 contract;
| ||
(2) any housing or unit of
housing owned, operated, or | ||
managed by a housing authority established under
the | ||
Housing Authorities Act; or
| ||
(3) any housing or unit of housing financed by a
loan | ||
or mortgage held by the Illinois Housing Development |
Authority, a
local housing authority, or the federal | ||
Department of Housing and Urban
Development ("HUD") that | ||
is:
| ||
(i) insured or held by HUD under Section 221(d)(3) | ||
of the National
Housing Act and assisted under Section | ||
101 of the Housing and Urban
Development Act of 1965 or | ||
Section 8 of the United States Housing Act of 1937;
| ||
(ii) insured or held by HUD and bears interest at a | ||
rate determined
under the proviso of Section 221(d)(3) | ||
of the National Housing Act;
| ||
(iii) insured, assisted, or held by HUD under | ||
Section 202 or 236 of the
National Housing Act;
| ||
(iv) insured or held by HUD under Section 514 or | ||
515 of the Housing
Act of 1949;
| ||
(v) insured or held by HUD under the United States | ||
Housing Act of 1937;
or
| ||
(vi) held by HUD and formerly insured under a | ||
program listed in
subdivision (i), (ii), (iii), (iv), | ||
or (v).
| ||
(b) This Section applies only if all of the following | ||
conditions are
met:
| ||
(1) The verified complaint seeks possession of | ||
premises that are
subsidized housing as defined under this | ||
Section.
| ||
(2) The verified complaint alleges that there is direct | ||
evidence of
refusal by the tenant to allow the
landlord or |
agent of the landlord
or other person authorized by State | ||
or federal law or regulations or local
ordinance to inspect | ||
the
premises,
provided that all of the following conditions | ||
have been met:
| ||
(A) on 2 separate occasions within a 30 day period | ||
the tenant, or
another person on the premises with the | ||
consent of the tenant, refuses to
allow the landlord or | ||
agent of the landlord or other person authorized by | ||
State
or federal law or regulations or local ordinance | ||
to
inspect the
premises;
| ||
(B) the landlord then sends written notice to the | ||
tenant stating
that
(i) the
tenant, or a person on the | ||
premises with the consent of the tenant, failed
twice | ||
within a 30 day period to allow the landlord
or agent | ||
of the landlord or other person authorized by State or | ||
federal law or
regulations or local ordinance to | ||
inspect the premises and
(ii) the tenant must allow the | ||
landlord or agent
of the landlord or other person | ||
authorized by State or federal law or
regulations or | ||
local ordinance to inspect the premises within
the next | ||
30 days or face emergency eviction proceedings under | ||
this Section;
| ||
(C) the tenant subsequently fails to allow the | ||
landlord
or agent of the landlord or other person | ||
authorized by State or federal law or
regulations or | ||
local ordinance to
inspect the premises within 30 days |
of receiving the notice from the
landlord; and
| ||
(D) the tenant's written lease states that the | ||
occurrence of the
events described in items (A), (B), | ||
and (C) may result in eviction.
| ||
(3) Notice, by verified complaint setting forth the | ||
relevant facts, and a
demand for possession of the type | ||
specified in Section 9-104 is served on
the tenant or | ||
occupant of the premises at least 14 days before a hearing | ||
on
the complaint is held, and proof of service of the | ||
complaint is submitted
by the plaintiff to the court.
| ||
(c) When a complaint has been filed under this Section, a | ||
hearing on the
complaint shall be scheduled on any day after | ||
the expiration of 14 days
following the filing of the | ||
complaint. The summons shall advise the defendant
that a | ||
hearing on the complaint shall be held at the specified date | ||
and time,
and that the defendant should be prepared to present | ||
any evidence on his or her
behalf at that time.
| ||
(d) If the defendant does not appear at the hearing, an | ||
eviction order judgment for
possession of the premises in favor | ||
of the plaintiff shall be entered by
default. If the defendant | ||
appears, a trial shall be held immediately as is
prescribed in | ||
other eviction proceedings for possession . The matter shall not | ||
be
continued beyond 7 days from the date set for the first | ||
hearing on the
complaint except by agreement of both the | ||
plaintiff and the defendant. After a
trial, if the court finds, | ||
by a preponderance of the evidence, that the
allegations in the |
complaint have been proven, the court shall enter an eviction | ||
order judgment
for possession of the premises in favor of the | ||
plaintiff and the court shall
order that the plaintiff shall be | ||
entitled to re-enter the premises
immediately.
| ||
(e) An eviction order A judgment for possession entered | ||
under this Section may not be
stayed for any period in excess | ||
of 7 days by the court. Thereafter the
plaintiff shall be | ||
entitled to re-enter the premises immediately. The sheriff
or | ||
other lawfully deputized officers shall give priority to | ||
service and
execution of orders entered under this Section over | ||
other possession
orders.
| ||
(Source: P.A. 89-660, eff. 1-1-97.)
| ||
(735 ILCS 5/9-120) | ||
Sec. 9-120. Leased premises used in furtherance of a | ||
criminal offense;
lease void at option of lessor or assignee. | ||
(a) If any lessee or occupant, on one or more occasions, | ||
uses or permits the
use of leased premises for the commission | ||
of any act that would constitute a
felony or a Class A | ||
misdemeanor under the laws of this State, the lease or
rental | ||
agreement shall, at the option of the lessor or
the lessor's
| ||
assignee become void, and the owner or lessor shall be entitled | ||
to recover
possession of the leased premises as against a | ||
tenant holding over after the
expiration of his or her term. A | ||
written lease shall notify the lessee that if any lessee or | ||
occupant, on one or more occasions, uses or permits the use of |
the leased premises for the commission of a felony or Class A | ||
misdemeanor under the laws of this State, the lessor shall have | ||
the right to void the lease and recover the leased premises. | ||
Failure to include this language in a written lease or the use | ||
of an oral lease shall not waive or impair the rights of the | ||
lessor or lessor's assignee under this Section or the lease. | ||
This Section shall not be construed so as to diminish the | ||
rights of a lessor, if any, to terminate a lease for other | ||
reasons permitted under law or pursuant to the lease agreement. | ||
(b) The owner or lessor may bring an eviction a forcible | ||
entry and detainer action, or,
if
the State's Attorney of the | ||
county in which the real property is
located or the corporation | ||
counsel of the municipality in which the real property is | ||
located agrees, assign to that State's Attorney or corporation | ||
counsel the right to bring an eviction a forcible
entry and | ||
detainer action on behalf of
the owner or lessor, against the | ||
lessee and all occupants of the leased
premises. The assignment | ||
must be in writing on a form prepared by the State's
Attorney | ||
of the county in which the real property is located or the | ||
corporation counsel of the municipality in which the real | ||
property is located, as applicable. If the owner or
lessor | ||
assigns the right to bring an eviction a forcible entry and | ||
detainer action, the
assignment shall be limited to those | ||
rights and duties up to and including
delivery of the order of | ||
eviction to the sheriff for execution. The owner or
lessor | ||
shall remain liable for the cost of the eviction whether or not |
the
right to bring the eviction forcible entry and detainer | ||
action has been assigned. | ||
(c) A person does not forfeit any part of his or her | ||
security deposit due
solely to an eviction under the provisions | ||
of this Section, except that a
security deposit may be used to | ||
pay fees charged by the sheriff for carrying
out an eviction. | ||
(d) If a lessor or the lessor's assignee voids a lease or | ||
contract under the
provisions of this Section and the tenant or | ||
occupant has not vacated the
premises within 5 days after | ||
receipt of a written notice to vacate the
premises, the lessor | ||
or lessor's assignee may seek relief under this Article
IX. | ||
Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | ||
judgment for costs against a plaintiff seeking
possession of | ||
the premises under this Section shall not be awarded to the
| ||
defendant unless the action was brought by the plaintiff in bad | ||
faith. An
action to possess premises under this Section shall | ||
not be deemed to be in bad
faith when the plaintiff based his | ||
or her cause of action on information
provided to him or her by | ||
a law enforcement agency, the State's Attorney, or the | ||
municipality. | ||
(e) After a trial, if the court finds, by a
preponderance | ||
of the evidence,
that the allegations in the complaint have | ||
been proven, the court
shall enter an eviction order judgment | ||
for possession of the premises in favor of the plaintiff
and | ||
the court shall order that the plaintiff shall be entitled to | ||
re-enter the
premises immediately. |
(f) An eviction order A judgment for
possession of the | ||
premises entered in an action brought by a lessor or lessor's
| ||
assignee, if the action was brought
as a result of a lessor or | ||
lessor's assignee declaring a lease void
pursuant to this | ||
Section,
may not be stayed for any period in excess of 7 days | ||
by the court unless all
parties agree to a longer period.
| ||
Thereafter the plaintiff shall be entitled to re-enter the | ||
premises
immediately. The sheriff or other lawfully deputized | ||
officers shall execute an
order entered pursuant to this | ||
Section
within 7 days of its entry, or within 7 days of the | ||
expiration of
a stay of judgment, if one is entered. | ||
(g) Nothing in this Section shall limit the rights of an | ||
owner or lessor
to bring an eviction a forcible entry and | ||
detainer action on the basis of other applicable
law. | ||
(Source: P.A. 97-236, eff. 8-2-11.) | ||
(735 ILCS 5/9-121) | ||
Sec. 9-121. Sealing of court file. | ||
(a) Definition. As used in this Section, "court file"
means | ||
the court file created when an eviction a forcible entry and | ||
detainer
action is filed with the court. | ||
(b) Discretionary sealing of court file. The court may
| ||
order that a court file in an eviction a forcible entry and | ||
detainer action
be placed under seal if the court finds that | ||
the plaintiff's
action is sufficiently without a basis in fact | ||
or law, which
may include a lack of jurisdiction, that placing |
the court file
under seal is clearly in the interests of | ||
justice, and that
those interests are not outweighed by the | ||
public's interest in
knowing about the record. | ||
(c) Mandatory sealing of court file. The court file | ||
relating to an eviction a forcible entry and detainer action | ||
brought against a tenant under Section 9-207.5 of this Code or | ||
as set forth in subdivision (h)(6) of Section 15-1701 of this | ||
Code shall be placed under seal.
| ||
(Source: P.A. 98-514, eff. 11-19-13.)
| ||
(735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
| ||
Sec. 9-207. Notice to terminate tenancy for less than a | ||
year. | ||
(a) Except as provided in Section 9-207.5 of this Code, in | ||
all
cases of tenancy from week to week, where the tenant
holds | ||
over without special agreement, the landlord may terminate the
| ||
tenancy by 7 days' notice, in writing, and may maintain an | ||
action
for eviction forcible entry and detainer or ejectment.
| ||
(b) Except as provided in Section 9-207.5 of this Code, in | ||
all cases of tenancy for any term less than one year, other | ||
than
tenancy from week to week, where the tenant holds over | ||
without special
agreement, the landlord may terminate the | ||
tenancy by 30 days'
notice, in writing, and may maintain an | ||
action for eviction forcible entry and
detainer or ejectment.
| ||
(Source: P.A. 98-514, eff. 11-19-13.)
|
(735 ILCS 5/9-208) (from Ch. 110, par. 9-208)
| ||
Sec. 9-208. Further demand. Where a tenancy is terminated | ||
by notice, under
either of the
2 preceding sections, no further | ||
demand is necessary before
bringing an action under the statute | ||
in relation to eviction forcible detainer or
ejectment.
| ||
(Source: P.A. 83-707.)
| ||
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
| ||
Sec. 9-209. Demand for rent - eviction action Action for | ||
possession . A landlord or his
or her agent may, any time after | ||
rent is due,
demand payment thereof and notify the tenant, in | ||
writing, that unless
payment is made within a time mentioned in | ||
such notice, not less than
5 days after service thereof, the | ||
lease will be terminated. If the tenant does not pay the rent | ||
due within the time stated in the notice under this Section, | ||
the landlord may consider the lease ended and commence an | ||
eviction or ejectment action without further notice or demand. | ||
If the
tenant does not within the time mentioned in such | ||
notice, pay the rent
due, the landlord may consider the lease | ||
ended, and sue for the
possession under the statute in relation | ||
to forcible entry and
detainer, or maintain ejectment without | ||
further notice or demand. A
claim for rent may be joined in the | ||
complaint, including a request for the pro rata amount of rent | ||
due for any period that a judgment is stayed, and a judgment | ||
obtained for
the amount of rent found due, in any action or | ||
proceeding brought, in an eviction
action of forcible entry and |
detainer for the possession of the leased
premises, under this | ||
Section.
| ||
Notice made pursuant to this Section shall, as hereinafter | ||
stated, not
be invalidated by payments of past due rent | ||
demanded in the notice, when
the payments do not, at the end of | ||
the notice period, total the amount demanded
in the notice. The | ||
landlord may, however, agree in writing to continue
the lease | ||
in exchange for receiving partial payment. To prevent | ||
invalidation,
the notice must prominently state:
| ||
"Only FULL PAYMENT of the rent demanded in this notice will | ||
waive the landlord's
right to terminate the lease under this | ||
notice, unless the landlord agrees
in writing to continue the | ||
lease in exchange for receiving partial payment."
| ||
Collection by the landlord
of past rent due after the | ||
filing of a suit for eviction possession or ejectment
pursuant | ||
to failure of the tenant to pay the rent demanded in the notice
| ||
shall not invalidate the suit.
| ||
(Source: P.A. 97-247, eff. 1-1-12.)
| ||
(735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
| ||
Sec. 12-903. Extent of exemption. No property shall, by | ||
virtue of Part
9 of this Article XII of this Act , be exempt
| ||
from sale for
nonpayment of taxes or assessments, or for a debt | ||
or liability incurred
for the purchase or improvement thereof, | ||
or for enforcement of a lien
thereon pursuant to paragraph | ||
(g)(1)
of Section 9 of the "Condominium
Property Act", approved |
June 20, 1963, as amended,
or be exempt from enforcement of an | ||
eviction order a judgment for possession
pursuant to paragraph | ||
(a)(7) or (a)(8) of Section 9-102 of this Code.
| ||
This amendatory Act of the 92nd General Assembly is | ||
intended as a
clarification of existing law and not as a new | ||
enactment.
| ||
(Source: P.A. 92-540, eff. 6-12-02.)
| ||
(735 ILCS 5/15-1504.5)
| ||
Sec. 15-1504.5. Homeowner notice to be attached to summons. | ||
For all residential foreclosure actions filed, the plaintiff | ||
must attach a Homeowner Notice to the summons. The Homeowner | ||
Notice must be in at least 12 point type and in English and | ||
Spanish. The Spanish translation shall be prepared by the | ||
Attorney General and posted on the Attorney General's website. | ||
A notice that includes the Attorney General's Spanish | ||
translation in substantially similar form shall be deemed to | ||
comply with the Spanish notice requirement in this Section. The | ||
Notice must be in substantially the following form: | ||
IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE | ||
1. POSSESSION: The lawful occupants of a home have the | ||
right to live in the home until a judge enters an eviction | ||
order for possession . | ||
2. OWNERSHIP: You continue to own your home until the |
court rules otherwise. | ||
3. REINSTATEMENT: As the homeowner you have the right | ||
to bring the mortgage current within 90 days after you | ||
receive the summons. | ||
4. REDEMPTION: As the homeowner you have the right to | ||
sell your home, refinance, or pay off the loan during the | ||
redemption period. | ||
5. SURPLUS: As the homeowner you have the right to | ||
petition the court for any excess money that results from a | ||
foreclosure sale of your home. | ||
6. WORKOUT OPTIONS: The mortgage company does not want | ||
to foreclose on your home if there is any way to avoid it. | ||
Call your mortgage company [insert name of the homeowner's | ||
current mortgage servicer in bold and 14 point type] or its | ||
attorneys to find out the alternatives to foreclosure. | ||
7. PAYOFF AMOUNT: You have the right to obtain a | ||
written statement of the amount necessary to pay off your | ||
loan. Your mortgage company (identified above) must | ||
provide you this statement within 10 business days of | ||
receiving your request, provided that your request is in | ||
writing and includes your name, the address of the | ||
property, and the mortgage account or loan number. Your | ||
first payoff statement will be free. | ||
8. GET ADVICE: This information is not exhaustive and | ||
does not replace the advice of a professional. You may have | ||
other options. Get professional advice from a lawyer or |
certified housing counselor about your rights and options | ||
to avoid foreclosure. | ||
9. LAWYER: If you do not have a lawyer, you may be able | ||
to find assistance by contacting the Illinois State Bar | ||
Association or a legal aid organization that provides free | ||
legal assistance. | ||
10. PROCEED WITH CAUTION: You may be contacted by | ||
people offering to help you avoid foreclosure. Before | ||
entering into any transaction with persons offering to help | ||
you, please contact a lawyer, government official, or | ||
housing counselor for advice.
| ||
(Source: P.A. 95-961, eff. 1-1-09.) | ||
(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | ||
Sec. 15-1508. Report of sale and confirmation of sale. | ||
(a) Report. The person conducting the sale shall promptly | ||
make a report to
the court, which report shall include a copy | ||
of all receipts and, if any,
certificate of sale. | ||
(b) Hearing. Upon motion and notice in accordance with | ||
court rules
applicable to motions generally, which motion shall | ||
not be made prior to
sale, the court shall conduct a hearing to
| ||
confirm the sale. Unless the court finds that (i) a notice | ||
required in
accordance with subsection (c) of Section 15-1507 | ||
was not given, (ii) the
terms of sale were unconscionable, | ||
(iii) the sale was conducted
fraudulently, or (iv) justice was | ||
otherwise not done, the court shall
then enter an order |
confirming the sale. The confirmation order shall include a | ||
name, address, and telephone number of the holder of the | ||
certificate of sale or deed issued pursuant to that certificate | ||
or, if no certificate or deed was issued, the purchaser, whom a | ||
municipality or county may contact with concerns about the real | ||
estate. The confirmation order may
also: | ||
(1) approve the mortgagee's fees and costs arising | ||
between the entry of
the judgment of foreclosure and the | ||
confirmation hearing, those costs and
fees to be allowable | ||
to the same extent as provided in the note and mortgage
and | ||
in Section 15-1504; | ||
(2) provide for a personal judgment against any party | ||
for a deficiency;
and | ||
(3) determine the priority of the judgments of parties | ||
who deferred proving
the priority pursuant to subsection | ||
(h) of Section 15-1506, but
the court shall not
defer | ||
confirming the sale pending the determination of such | ||
priority. | ||
(b-3) Hearing to confirm sale of abandoned residential | ||
property. Upon motion and notice by first-class mail to the | ||
last known address of the mortgagor, which motion shall be made | ||
prior to the sale and heard by the court at the earliest | ||
practicable time after conclusion of the sale, and upon the | ||
posting at the property address of the notice required by | ||
paragraph (2) of subsection (l) of Section 15-1505.8, the court | ||
shall enter an order confirming the sale of the abandoned |
residential property, unless the court finds that a reason set | ||
forth in items (i) through (iv) of subsection (b) of this | ||
Section exists for not approving the sale, or an order is | ||
entered pursuant to subsection (h) of Section 15-1505.8. The | ||
confirmation order also may address the matters identified in | ||
items (1) through (3) of subsection (b) of this Section. The | ||
notice required under subsection (b-5) of this Section shall | ||
not be required. | ||
(b-5) Notice with respect to residential real estate. With | ||
respect to residential real estate, the notice required under | ||
subsection (b) of this Section shall be sent to the mortgagor | ||
even if the mortgagor has previously been held in default. In | ||
the event the mortgagor has filed an appearance, the notice | ||
shall be sent to the address indicated on the appearance. In | ||
all other cases, the notice shall be sent to the mortgagor at | ||
the common address of the foreclosed property. The notice shall | ||
be sent by first class mail. Unless the right to possession has | ||
been previously terminated by the court, the notice shall | ||
include the following language in 12-point boldface | ||
capitalized type: | ||
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||
ILLINOIS MORTGAGE FORECLOSURE LAW. | ||
(b-10) Notice of confirmation order sent to municipality or | ||
county. A copy of the confirmation order required under |
subsection (b) shall be sent to the municipality in which the | ||
foreclosed property is located, or to the county within the | ||
boundary of which the foreclosed property is located if the | ||
foreclosed property is located in an unincorporated territory. | ||
A municipality or county must clearly publish on its website a | ||
single address to which a copy of the order shall be sent. If a | ||
municipality or county does not maintain a website, then the | ||
municipality or county must publicly post in its main office a | ||
single address to which a copy of the order shall be sent. In | ||
the event that a municipality or county has not complied with | ||
the publication requirement in this subsection (b-10), then a | ||
copy of the order shall be sent by first class mail, postage | ||
prepaid, to the chairperson of the county board or county clerk | ||
in the case of a county, to the mayor or city clerk in the case | ||
of a city, to the president of the board of trustees or village | ||
clerk in the case of a village, or to the president or town | ||
clerk in the case of a town. | ||
(b-15) Notice of confirmation order sent to known insurers. | ||
With respect to residential real estate, the party filing the | ||
complaint shall send a copy of the confirmation order required | ||
under subsection (b) by first class mail, postage prepaid, to | ||
the last known property insurer of the foreclosed property. | ||
Failure to send or receive a copy of the order shall not impair | ||
or abrogate in any way the rights of the mortgagee or purchaser | ||
or affect the status of the foreclosure proceedings. | ||
(c) Failure to Give Notice. If any sale is held without |
compliance with
subsection (c) of Section 15-1507 of this | ||
Article, any party entitled to
the notice provided for in | ||
paragraph (3) of that subsection
(c) who was not so notified | ||
may, by motion supported by affidavit
made prior to | ||
confirmation of such sale, ask the court which entered the
| ||
judgment to set aside the sale. Any such party shall guarantee | ||
or secure by bond a bid equal to the successful bid at the | ||
prior sale, unless the party seeking to set aside the sale is | ||
the mortgagor, the real estate sold at the sale is residential | ||
real estate, and the mortgagor occupies the residential real | ||
estate at the time the motion is filed. In that event, no | ||
guarantee or bond shall be required of the mortgagor. Any
| ||
subsequent sale is subject to the same notice requirement as | ||
the original sale. | ||
(d) Validity of Sale. Except as provided in subsection (c) | ||
of Section
15-1508, no sale under this Article shall be held | ||
invalid or be set aside
because of any defect in the notice | ||
thereof or in the publication of the
same, or in the | ||
proceedings of the officer conducting the sale, except upon
| ||
good cause shown in a hearing pursuant to subsection (b) of | ||
Section
15-1508. At any time after a sale has occurred, any | ||
party entitled to
notice under paragraph (3) of subsection (c) | ||
of Section 15-1507 may recover
from the mortgagee any damages | ||
caused by the mortgagee's failure to comply
with such paragraph | ||
(3). Any party who recovers damages in a judicial
proceeding | ||
brought under this subsection may also recover from the
|
mortgagee the reasonable expenses of litigation, including | ||
reasonable attorney's fees. | ||
(d-5) Making Home Affordable Program. The court that | ||
entered the judgment shall set aside a sale held pursuant to | ||
Section 15-1507, upon motion of the mortgagor at any time prior | ||
to the confirmation of the sale, if the mortgagor proves by a | ||
preponderance of the evidence that (i) the mortgagor has | ||
applied for assistance under the Making Home Affordable Program | ||
established by the United States Department of the Treasury | ||
pursuant to the Emergency Economic Stabilization Act of 2008, | ||
as amended by the American Recovery and Reinvestment Act of | ||
2009, and (ii) the mortgaged real estate was sold in material | ||
violation of the program's requirements for proceeding to a | ||
judicial sale. The provisions of this subsection (d-5) are | ||
operative and, except for this sentence, shall become | ||
inoperative on January 1, 2018 for all actions filed under this | ||
Article after December 31, 2017, in which the mortgagor did not | ||
apply for assistance under the Making Home Affordable Program | ||
on or before December 31, 2016. The changes to this subsection | ||
(d-5) by this amendatory Act of the 99th General Assembly apply | ||
to all cases pending and filed on or after the effective date | ||
of this amendatory Act of the 99th General Assembly. | ||
(e) Deficiency Judgment. In any order confirming a sale | ||
pursuant to the
judgment of foreclosure, the court shall also | ||
enter a personal judgment
for deficiency against any party (i) | ||
if otherwise authorized and (ii) to
the extent requested in the |
complaint and proven upon presentation of the
report of sale in | ||
accordance with Section 15-1508. Except as otherwise provided
| ||
in this Article, a judgment may be entered for any balance of | ||
money that
may be found due to the plaintiff, over and above | ||
the proceeds of the sale
or sales, and enforcement may be had | ||
for the collection of such balance,
the same as when the | ||
judgment is solely for the payment of money. Such
judgment may | ||
be entered, or enforcement had,
only in cases where personal | ||
service has been had upon the
persons personally liable for the | ||
mortgage indebtedness, unless they have
entered their | ||
appearance in the foreclosure action. | ||
(f) Satisfaction. Upon confirmation of the sale, the
| ||
judgment stands satisfied to the extent of the sale price less | ||
expenses and
costs. If the order confirming the sale includes a | ||
deficiency judgment, the
judgment shall become a lien in the | ||
manner of any other
judgment for the payment of money. | ||
(g) The order confirming the sale shall include, | ||
notwithstanding any
previous orders awarding possession during | ||
the pendency of the foreclosure, an
award to the purchaser of | ||
possession of the mortgaged real estate, as of the
date 30 days | ||
after the entry of the order, against the
parties to the | ||
foreclosure whose interests have been terminated. | ||
An eviction order of possession authorizing the removal of | ||
a person from possession
of the mortgaged real estate shall be | ||
entered and enforced only against those
persons personally
| ||
named as individuals in the complaint or the petition under |
subsection (h)
of Section 15-1701. No eviction order of | ||
possession issued under this Section shall be entered against a | ||
lessee with a bona fide lease of a dwelling unit in residential | ||
real estate in foreclosure, whether or not the lessee has been | ||
made a party in the foreclosure. An order shall
not be entered | ||
and enforced against any person who is only generically
| ||
described as an
unknown owner or nonrecord claimant or by | ||
another generic designation in the
complaint. | ||
Notwithstanding the preceding paragraph, the failure to | ||
personally
name,
include, or seek an eviction order award of
| ||
possession of the mortgaged real estate against a person in the
| ||
confirmation order shall not abrogate any right that the | ||
purchaser may have to
possession of the mortgaged real estate | ||
and to maintain an eviction proceeding a proceeding against
| ||
that person for
possession under Article IX of this Code or, if | ||
applicable, under subsection (h) of Section 15-1701;
and | ||
eviction of possession against a person
who (1) has not been | ||
personally named as a party to the
foreclosure and (2) has not | ||
been provided an opportunity to be heard in the
foreclosure | ||
proceeding may be sought only by maintaining a
proceeding under | ||
Article IX of this
Code or, if applicable, under subsection (h) | ||
of Section 15-1701. | ||
(h) With respect to mortgaged real estate containing 5 or | ||
more dwelling units, the order confirming the sale shall also | ||
provide that (i) the mortgagor shall transfer to the purchaser | ||
the security deposits, if any, that the mortgagor received to |
secure payment of rent or to compensate for damage to the | ||
mortgaged real estate from any current occupant of a dwelling | ||
unit of the mortgaged real estate, as well as any statutory | ||
interest that has not been paid to the occupant, and (ii) the | ||
mortgagor shall provide an accounting of the security deposits | ||
that are transferred, including the name and address of each | ||
occupant for whom the mortgagor holds the deposit and the | ||
amount of the deposit and any statutory interest. | ||
(Source: P.A. 98-514, eff. 11-19-13; 98-605, eff. 12-26-13; | ||
99-640, eff. 7-28-16.)
| ||
(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
| ||
Sec. 15-1701. Right to possession.
| ||
(a) General. The provisions of
this Article shall govern | ||
the right to possession of the mortgaged real
estate during | ||
foreclosure. Possession under this Article includes physical
| ||
possession of the mortgaged real estate to the same extent to | ||
which the
mortgagor, absent the foreclosure, would have been | ||
entitled to physical
possession. For the purposes of Part 17, | ||
real estate is residential real estate
only if it is | ||
residential real estate at the time the foreclosure is | ||
commenced.
| ||
(b) Pre-Judgment. Prior to the entry of a judgment of | ||
foreclosure:
| ||
(1) In the case of residential real estate, the | ||
mortgagor shall be
entitled to possession of the real |
estate except if (i) the mortgagee shall
object and show | ||
good cause, (ii) the mortgagee is so authorized by the | ||
terms of
the mortgage or other written instrument, and | ||
(iii) the court is satisfied that
there is a reasonable | ||
probability that the mortgagee will prevail on a final
| ||
hearing of the cause, the court shall upon request place | ||
the mortgagee in
possession. If the residential real estate | ||
consists of more than one dwelling
unit, then for the | ||
purpose of this Part residential real estate shall mean | ||
only
that dwelling unit or units occupied by persons | ||
described in clauses (i), (ii)
and (iii) of Section | ||
15-1219.
| ||
(2) In all other cases, if (i) the mortgagee is so | ||
authorized by the
terms of the mortgage or other written | ||
instrument, and (ii) the court is
satisfied that there is a | ||
reasonable probability that the mortgagee will
prevail on a | ||
final hearing of the cause, the mortgagee shall
upon | ||
request be placed in possession of the real estate, except | ||
that if the
mortgagor shall object and show good cause, the | ||
court shall allow the
mortgagor to remain in possession.
| ||
(c) Judgment Through 30 Days After Sale Confirmation. After | ||
the entry
of a judgment of foreclosure and through the 30th day | ||
after a foreclosure
sale is confirmed:
| ||
(1) Subsection (b) of Section 15-1701 shall be | ||
applicable, regardless of
the provisions of the mortgage or | ||
other instrument, except that after a
sale pursuant to the |
judgment the holder of the certificate of sale
(or, if | ||
none, the purchaser at the sale) shall have the mortgagee's | ||
right to be
placed in possession, with all rights and | ||
duties of a mortgagee in possession
under this Article.
| ||
(2) Notwithstanding paragraph (1) of subsection (b) | ||
and paragraph (1) of
subsection (c) of Section 15-1701, | ||
upon request of the mortgagee, a mortgagor
of residential | ||
real estate shall not be allowed to remain in possession | ||
between
the expiration of the redemption period and through | ||
the 30th day after sale
confirmation unless (i) the | ||
mortgagor pays to the mortgagee or such holder or
| ||
purchaser, whichever is applicable, monthly the lesser of | ||
the interest due
under the mortgage calculated at the | ||
mortgage rate of interest applicable as if
no default had | ||
occurred or the fair rental value of the real estate, or | ||
(ii)
the mortgagor otherwise shows good cause. Any amounts | ||
paid by the mortgagor
pursuant to this subsection shall be | ||
credited against the amounts due from the
mortgagor.
| ||
(d) After 30 Days After Sale Confirmation. The holder of
| ||
the certificate of sale or deed issued pursuant to that | ||
certificate or, if
no certificate or deed was issued, the | ||
purchaser, except to the extent the
holder or purchaser may | ||
consent otherwise, shall be entitled to possession of
the | ||
mortgaged real estate, as of the date 30 days after the order | ||
confirming
the sale is entered, against those parties to the | ||
foreclosure whose interests
the court has ordered terminated, |
without further notice to any party, further
order of the | ||
court, or resort to proceedings under any other statute other | ||
than
this Article.
This right to possession shall be limited by | ||
the provisions
governing entering and enforcing orders of | ||
possession under subsection (g) of
Section
15-1508.
If the | ||
holder or purchaser determines that there are occupants
of the | ||
mortgaged real estate who have not been made parties to the | ||
foreclosure
and had their interests terminated therein, the | ||
holder or purchaser may bring an eviction a
proceeding under | ||
subsection (h) of this Section, if applicable, or under Article | ||
IX of this Code
to terminate the rights of possession of any | ||
such occupants. The holder or
purchaser shall not be entitled | ||
to proceed against any such occupant under
Article IX of this | ||
Code until after 30 days after the order confirming the sale
is | ||
entered.
| ||
(e) Termination of Leases. A lease of all or any part of | ||
the mortgaged
real estate shall not be terminated automatically | ||
solely by virtue of the entry
into possession by (i) a | ||
mortgagee or receiver prior to the entry of an order
confirming | ||
the sale, (ii) the holder of the certificate of sale, (iii) the
| ||
holder of the deed issued pursuant to that certificate, or (iv) | ||
if no
certificate or deed was issued, the purchaser at the | ||
sale.
| ||
(f) Other Statutes; Instruments. The provisions of this | ||
Article
providing for possession of mortgaged real estate shall | ||
supersede any other
inconsistent statutory provisions. In |
particular, and without limitation,
whenever a receiver is | ||
sought to be appointed in any action in which a
foreclosure is | ||
also pending, a receiver shall be appointed only in
accordance | ||
with this Article. Except as may be authorized by this Article,
| ||
no mortgage or other instrument may modify or supersede the | ||
provisions of this
Article.
| ||
(g) Certain Leases. Leases of the mortgaged real estate | ||
entered into by
a mortgagee in possession or a receiver and | ||
approved by the court in a
foreclosure shall be binding on all | ||
parties, including the mortgagor after
redemption, the | ||
purchaser at a sale pursuant to a judgment of foreclosure
and | ||
any person acquiring an interest in the mortgaged real estate | ||
after
entry of a judgment of foreclosure in accordance with | ||
Sections 15-1402 and
15-1403.
| ||
(h) Proceedings Against Certain Occupants.
| ||
(1) The mortgagee-in-possession of the mortgaged real | ||
estate under Section
15-1703, a receiver appointed under | ||
Section 15-1704, a holder of the
certificate of sale or | ||
deed, or the purchaser may, at any time during the
pendency | ||
of the foreclosure and up to 90 days after the date of the | ||
order
confirming the sale,
file a supplemental eviction | ||
petition for possession against a person not personally
| ||
named as a party
to the foreclosure. This subsection (h) | ||
does not apply to any lessee with a bona fide lease of a | ||
dwelling unit in residential real estate in foreclosure. | ||
(2) The supplemental eviction petition for possession |
shall name each such
occupant against whom an eviction | ||
order possession is sought and state the facts upon which | ||
the
claim for relief is premised.
| ||
(3) The petitioner shall serve upon each named occupant | ||
the petition,
a notice of hearing on the petition, and, if | ||
any, a copy of the certificate of
sale or deed. The | ||
eviction proceeding for the termination of such occupant's | ||
possessory
interest , including service of the notice of the | ||
hearing and the petition,
shall in all respects comport | ||
with the requirements of Article IX of this Code,
except as | ||
otherwise specified in this Section. The hearing shall be | ||
no less
than 21 days from the date of service of the | ||
notice.
| ||
(4) The supplemental petition shall be heard as part of | ||
the foreclosure
proceeding and without the payment of | ||
additional filing fees. An eviction order for
possession | ||
obtained under this Section shall name each occupant whose | ||
interest
has been terminated, shall recite that it is only | ||
effective as to the occupant
so named and those holding | ||
under them, and shall be enforceable for no more
than 120 | ||
days after its entry, except that the 120-day period may be | ||
extended to
the extent and in the manner provided in | ||
Section 9-117 of Article IX and except as provided in item | ||
(5) of this subsection (h). | ||
(5) In a case of foreclosure where the occupant is | ||
current on his or her rent, or where timely written notice |
of to whom and where the rent is to be paid has not been | ||
provided to the occupant, or where the occupant has made | ||
good-faith efforts to make rental payments in order to keep | ||
current, any eviction order of possession must allow the | ||
occupant to retain possession of the property covered in | ||
his or her rental agreement (i) for 120 days following the | ||
notice of the hearing on the supplemental petition that has | ||
been properly served upon the occupant, or (ii) through the | ||
duration of his or her lease, whichever is shorter, | ||
provided that if the duration of his or her lease is less | ||
than 30 days from the date of the order, the order shall | ||
allow the occupant to retain possession for 30 days from | ||
the date of the order. A mortgagee in possession, receiver, | ||
holder of a certificate of sale or deed, or purchaser at | ||
the judicial sale, who asserts that the occupant is not | ||
current in rent, shall file an affidavit to that effect in | ||
the supplemental petition proceeding. If the occupant has | ||
been given timely written notice of to whom and where the | ||
rent is to be paid, this item (5) shall only apply if the | ||
occupant continues to pay his or her rent in full during | ||
the 120-day period or has made good-faith efforts to pay | ||
the rent in full during that period.
| ||
(6) The court records relating to a supplemental | ||
eviction petition for possession filed under this | ||
subsection (h) against an occupant who is entitled to | ||
notice under item (5) of this subsection (h), or relating |
to an eviction a forcible entry and detainer action brought | ||
against an occupant who would have lawful possession of the | ||
premises but for the foreclosure of a mortgage on the | ||
property, shall be ordered sealed and shall not be | ||
disclosed to any person, other than a law enforcement | ||
officer or any other representative of a governmental | ||
entity, except upon further order of the court.
| ||
(i) Termination of bona fide leases. The holder of the | ||
certificate of sale, the holder of the deed issued pursuant to | ||
that certificate, or, if no certificate or deed was issued, the | ||
purchaser at the sale shall not terminate a bona fide lease of | ||
a dwelling unit in residential real estate in foreclosure | ||
except pursuant to Article IX of this Code. | ||
(Source: P.A. 98-514, eff. 11-19-13.)
| ||
(735 ILCS 5/19-129) | ||
Sec. 19-129. Mobile homes. If the chattel which is the | ||
subject of the replevin action is a mobile home and is occupied | ||
by the defendant or other persons, the court may issue an | ||
eviction a forcible order directing the sheriff to remove the | ||
personal property of the defendant or occupants from the mobile | ||
home if provided that the defendants and unknown occupants are | ||
given notice of the plaintiff's intent to seek an eviction a | ||
forcible order and that upon entry of the said order for | ||
possession , the execution is stayed for a reasonable time as | ||
determined by the court so as to allow the defendants and |
unknown occupants to remove their property from the mobile | ||
home.
| ||
(Source: P.A. 95-661, eff. 1-1-08.) | ||
Section 35. The Controlled Substance and Cannabis Nuisance | ||
Act is amended by changing Section 11 as follows:
| ||
(740 ILCS 40/11) (from Ch. 100 1/2, par. 24)
| ||
Sec. 11.
(a) If any lessee or occupant, on one or more | ||
occasions, shall
use leased premises for the purpose of | ||
unlawful possessing, serving,
storing, manufacturing, | ||
cultivating, delivering, using, selling or giving
away | ||
controlled substances or shall permit them to be used for any | ||
such
purposes, the lease or contract for letting such premises | ||
shall, at the
option of the lessor or the lessor's assignee, | ||
become void, and the owner
or the owner's assignee may notify | ||
the lessee or occupant by posting a
written notice
at the | ||
premises requiring the lessee or occupant to vacate the leased | ||
premises
on or before a
date 5 days after the giving of the | ||
notice. The notice shall state
the basis for its issuance on | ||
forms provided by the circuit court clerk of the
county in | ||
which the real property is located. The owner or owner's | ||
assignee
may have the like remedy to recover possession
thereof | ||
as against a tenant holding over after the expiration of his | ||
term.
The owner or lessor may bring an eviction a forcible | ||
entry and detainer action, or
assign to the State's Attorney of |
the county in which the real property is
located the right to | ||
bring an eviction a forcible entry and detainer action on | ||
behalf
of the owner or lessor, against the lessee and all | ||
occupants of the leased
premises. The assignment must be in | ||
writing on a form prepared by the
State's Attorney of the | ||
county in which the real property is located. If
the owner or | ||
lessor assigns the right to bring an eviction a forcible entry | ||
and
detainer action, the assignment shall be limited to those | ||
rights and duties
up to and including delivery of the order of | ||
eviction to the sheriff for
execution. The owner or lessor | ||
remains liable for the cost of the eviction
whether or not the | ||
right to bring the eviction forcible entry and detainer action
| ||
has been assigned.
| ||
(b) If a controlled substance is found or used anywhere in | ||
the premises of
an apartment, there is a rebuttable presumption | ||
that the controlled
substance was either used or possessed by a | ||
lessee or occupant or that a
lessee or occupant permitted the | ||
premises to be used for that use or
possession. A person shall | ||
not forfeit his or her security deposit or any
part of the | ||
security deposit due solely to an eviction under the provisions
| ||
of the Act.
| ||
(c) If a lessor or the lessor's assignee voids a contract | ||
under the
provisions of this Section, and a tenant or occupant | ||
has not vacated the
premises within 5 days after receipt of a | ||
written notice to vacate the
premises, the lessor or the | ||
lessor's assignee may seek relief under Article
IX of the Code |
of Civil Procedure. Notwithstanding Sections 9-112, 9-113
and | ||
9-114 of the Code of Civil Procedure, judgment for costs
| ||
against the plaintiff seeking eviction possession of the | ||
premises under this Section
shall not be awarded to the | ||
defendant unless the action was brought by the
plaintiff in bad | ||
faith. An eviction action to possess premises under this | ||
Section
shall not be deemed to be in bad faith if where the | ||
plaintiff based his or her
cause of action on information | ||
provided to him or her by a law enforcement
agency or the | ||
State's Attorney.
| ||
(Source: P.A. 89-82, eff. 6-30-95.)
| ||
Section 40. The Condominium Property Act is amended by | ||
changing Section 9.2 as follows:
| ||
(765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| ||
Sec. 9.2. Other remedies.
| ||
(a) In the event of any default by any unit owner,
his | ||
tenant, invitee or guest in the performance of his obligations | ||
under this
Act or under the declaration, bylaws, or the rules | ||
and regulations of the board
of managers, the board of managers | ||
or its agents shall have such rights and
remedies as provided | ||
in the Act or condominium instruments including the right
to | ||
maintain an eviction action for possession against such | ||
defaulting unit owner or his
tenant for the benefit of all the | ||
other unit owners in the manner prescribed by
Article IX of the |
Code of Civil Procedure.
| ||
(b) Any attorneys' fees incurred by the Association arising | ||
out of a
default by any unit owner, his tenant, invitee or | ||
guest in the performance of
any of the provisions of the | ||
condominium instruments, rules and regulations or
any | ||
applicable statute or ordinance shall be added to, and deemed a | ||
part of,
his respective share of the common expense.
| ||
(c) Other than attorney's fees, no fees pertaining to the | ||
collection of a unit owner's financial obligation to the | ||
Association, including fees charged by a manager or managing | ||
agent, shall be added to and deemed a part of an owner's | ||
respective share of the common expenses unless: (i) the | ||
managing agent fees relate to the costs to collect common | ||
expenses for the Association; (ii) the fees are set forth in a | ||
contract between the managing agent and the Association; and | ||
(iii) the authority to add the management fees to an owner's | ||
respective share of the common expenses is specifically stated | ||
in the declaration or bylaws of the Association.
| ||
(Source: P.A. 94-384, eff. 1-1-06.)
| ||
Section 45. The Landlord and Tenant Act is amended by | ||
changing Section 5 as follows:
| ||
(765 ILCS 705/5)
| ||
Sec. 5. Class X felony by lessee or occupant.
| ||
(a) If, after the effective date of this amendatory Act of |
1995, any
lessee or occupant is charged during his or her lease | ||
or contract term with
having
committed an offense on the | ||
premises constituting a Class X felony under
the laws of this | ||
State,
upon a judicial finding of probable cause at a | ||
preliminary hearing or
indictment by a grand jury,
the lease or | ||
contract for letting the premises shall,
at the
option of the | ||
lessor or the lessor's assignee, become void, and the owner
or | ||
the owner's assignee may notify the lessee or occupant by | ||
posting a written
notice at the premises requiring the lessee | ||
or occupant to vacate the leased
premises on or before a date 5 | ||
days after the giving of the notice. The notice
shall state the | ||
basis for its issuance on forms provided by the circuit court
| ||
clerk of the county in which the real property is located. The | ||
owner or
owner's assignee may have the same remedy to recover
| ||
possession
of the premises as against a tenant holding over | ||
after the expiration of his
or her term.
The owner or lessor | ||
may bring an eviction a forcible entry and detainer action.
| ||
(b) A person does not forfeit his or her security deposit | ||
or any
part of the security deposit due solely to an eviction | ||
under the provisions
of this Section.
| ||
(c) If a lessor or the lessor's assignee voids a contract | ||
under the
provisions of this Section, and a tenant or occupant | ||
has not vacated the
premises within 5 days after receipt of a | ||
written notice to vacate the
premises, the lessor or the | ||
lessor's assignee may seek relief under Article
IX of the Code | ||
of Civil Procedure. Notwithstanding Sections 9-112, 9-113,
and |
9-114 of the Code of Civil Procedure, judgment for costs
| ||
against the plaintiff seeking eviction possession of the | ||
premises under this Section
shall not be awarded to the | ||
defendant unless the action was brought by the
plaintiff in bad | ||
faith. An eviction action to possess premises under this | ||
Section
shall not be deemed to be in bad faith if the plaintiff | ||
based his or her
cause of action on information provided to him | ||
or her by a law enforcement
agency or the State's Attorney.
| ||
(d) The provisions of this Section are enforceable only if | ||
the lessee or
occupant and the owner or owner's assignee have | ||
executed a lease addendum for
drug free housing as promulgated | ||
by the United States Department of Housing and
Urban | ||
Development or a substantially similar document.
| ||
(Source: P.A. 89-82, eff. 6-30-95 .)
| ||
Section 50. The Mobile Home Landlord and Tenant Rights Act | ||
is amended by changing Section 16 as follows:
| ||
(765 ILCS 745/16) (from Ch. 80, par. 216)
| ||
Sec. 16. Improper grounds for eviction. The following | ||
conduct by a tenant
shall not constitute grounds for eviction | ||
or termination of the lease,
nor shall an eviction order a | ||
judgment for possession of the premises be entered against a | ||
tenant:
| ||
(a) As a reprisal for the tenant's effort to secure or | ||
enforce any rights
under the lease or the laws of the State of |
Illinois, or its governmental
subdivisions of the United | ||
States;
| ||
(b) As a reprisal for the tenant's good faith complaint to | ||
a governmental
authority of the park owner's alleged violation | ||
of any health or safety
law, regulation, code or ordinance, or | ||
State law or regulation which has
as its objective the | ||
regulation of premises used for dwelling purposes;
| ||
(c) As a reprisal for the tenant's being an organizer or | ||
member of, or
involved in any activities relative to a home | ||
owners association.
| ||
(Source: P.A. 81-637.)
| ||
Section 55. The Safe Homes Act is amended by changing | ||
Section 15 as follows: | ||
(765 ILCS 750/15)
| ||
Sec. 15. Affirmative defense.
| ||
(a) In any action brought by a landlord against a tenant to | ||
recover rent for breach of lease, a tenant shall have an | ||
affirmative defense and not be liable for rent for the period | ||
after which a tenant vacates the premises owned by the | ||
landlord, if by preponderance of the evidence, the court finds | ||
that: | ||
(1) at the time that the tenant vacated the premises, | ||
the tenant or a member of tenant's household was under a | ||
credible imminent threat of domestic or sexual violence at |
the premises; and | ||
(2) the tenant gave written notice to the landlord | ||
prior to or within 3 days of vacating the premises that the | ||
reason for vacating the premises was because of a credible | ||
imminent threat of domestic or sexual violence against the | ||
tenant or a member of the tenant's household.
| ||
(b) In any action brought by a landlord against a tenant to | ||
recover rent for breach of lease, a tenant shall have an | ||
affirmative defense and not be liable for rent for the period | ||
after which the tenant vacates the premises owned by the | ||
landlord, if by preponderance of the evidence, the court finds | ||
that: | ||
(1) a tenant or a member of tenant's household was a | ||
victim of sexual violence on the premises that is owned or | ||
controlled by a landlord and the tenant has vacated the | ||
premises as a result of the sexual violence; and | ||
(2) the tenant gave written notice to the landlord | ||
prior to or within 3 days of vacating the premises that the | ||
reason for vacating the premises was because of the sexual | ||
violence against the tenant or member of the tenant's | ||
household, the date of the sexual violence, and that the | ||
tenant provided at least one form of the following types of | ||
evidence to the landlord supporting the claim of the sexual | ||
violence: medical, court or police evidence of sexual | ||
violence; or statement from an employee of a victim | ||
services or rape crisis organization from which the tenant |
or a member of the tenant's household sought services; and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) the sexual violence occurred not more than 60 days | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
prior to the date of giving the written notice to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
landlord, or if the circumstances are such that the tenant | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
cannot reasonably give notice because of reasons related to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the sexual violence, such as hospitalization or seeking | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
assistance for shelter or counseling, then as soon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
thereafter as practicable. Nothing in this subsection (b) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
shall be construed to be a defense against an eviction | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
action in forcible entry and detainer for failure to pay | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
rent before the tenant provided notice and vacated the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
premises. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) Nothing in this Act shall be construed to be a defense | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
against an action for rent for a period of time before the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
tenant vacated the landlord's premises and gave notice to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
landlord as required in subsection (b).
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 94-1038, eff. 1-1-07.)
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