(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
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:
For serving or attempting to serve summons on each defendant
in each county, $10.
For serving or attempting to serve an order or judgment granting injunctive
relief in each county, $10.
For serving or attempting to serve each garnishee in each county, $10.
For serving or attempting to serve an order for replevin in each county,
$10.
For serving or attempting to serve an order for attachment on each
defendant in each county, $10.
For serving or attempting to serve a warrant of arrest, $8, to be paid
upon conviction.
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.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
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.
For summoning each juror, $3 with 30¢ mileage each way in all counties.
For serving or attempting to serve notice of judgments or levying to
enforce a judgment, $3 with 50¢ mileage each way in all counties.
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.
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 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,
50¢ each way.
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.
For making certificates of sale, and making and filing duplicate, in
counties of first class, $3; in counties of the second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for recording
shall be advanced by the judgment creditor and charged as costs.
For taking all civil bonds on legal process in counties of
first class,
$1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for each mile
of necessary travel, 20¢ each way.
For executing requisitions from other states, $5.
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
place of conviction.
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.
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.
For conveying a person from the penitentiary to the county jail when
required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
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:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
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.
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. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; 101-652, eff. 1-1-23.)
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