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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||
5 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
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6 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
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7 | Sec. 4-5001. Sheriffs; counties of first and second class. | |||||||||||||||||||
8 | The fees of
sheriffs in counties of the first and second class, | |||||||||||||||||||
9 | except when increased
by county ordinance under this Section, | |||||||||||||||||||
10 | shall be as follows:
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11 | For serving or attempting to serve summons on each | |||||||||||||||||||
12 | defendant
in each county, $10.
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13 | For serving or attempting to serve an order or judgment | |||||||||||||||||||
14 | granting
injunctional relief in each county, $10.
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15 | For serving or attempting to serve each garnishee in each | |||||||||||||||||||
16 | county, $10.
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17 | For serving or attempting to serve an order for replevin in | |||||||||||||||||||
18 | each county,
$10.
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19 | For serving or attempting to serve an order for attachment | |||||||||||||||||||
20 | on each
defendant in each county, $10.
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21 | For serving or attempting to serve a warrant of arrest, $8, | |||||||||||||||||||
22 | to be paid
upon conviction.
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23 | For returning a defendant from outside the State of |
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| |||||||
1 | Illinois, upon
conviction, the court shall assess, as court | ||||||
2 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
3 | For taking special bail, $1 in each county.
| ||||||
4 | For serving or attempting to serve a subpoena on each
| ||||||
5 | witness, in each county, $10.
| ||||||
6 | For advertising property for sale, $5.
| ||||||
7 | For returning each process, in each county, $5.
| ||||||
8 | Mileage for each mile of necessary travel to serve any such
| ||||||
9 | process as Stated above, calculating from the place of holding | ||||||
10 | court to
the place of residence of the defendant, or witness, | ||||||
11 | 50¢ each way.
| ||||||
12 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
13 | all counties.
| ||||||
14 | For serving or attempting to serve notice of judgments or | ||||||
15 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
16 | all counties.
| ||||||
17 | For taking possession of and removing property levied on, | ||||||
18 | the officer
shall be allowed to tax the actual cost of such | ||||||
19 | possession or removal.
| ||||||
20 | For feeding each prisoner, such compensation to cover the | ||||||
21 | actual cost
as may be fixed by the county board, but such | ||||||
22 | compensation shall not be
considered a part of the fees of the | ||||||
23 | office.
| ||||||
24 | For attending before a court with prisoner, on an order for | ||||||
25 | habeas
corpus, in each county, $10 per day.
| ||||||
26 | For attending before a court with a prisoner in any |
| |||||||
| |||||||
1 | criminal
proceeding, in each county, $10 per day.
| ||||||
2 | For each mile of necessary travel in taking such prisoner | ||||||
3 | before the
court as Stated above, 15¢ a mile each way.
| ||||||
4 | For serving or attempting to serve an order or judgment for | ||||||
5 | the
possession of real estate in an action of ejectment or in | ||||||
6 | any other action,
or for restitution in an eviction action of | ||||||
7 | forcible entry and detainer without aid,
$10 and when aid is | ||||||
8 | necessary, the sheriff shall be allowed to tax in
addition the | ||||||
9 | actual costs thereof, and for each mile of necessary travel,
| ||||||
10 | 50¢ each way.
| ||||||
11 | For executing and acknowledging a deed of sale of real | ||||||
12 | estate, in
counties of first class, $4; second class, $4.
| ||||||
13 | For preparing, executing and acknowledging a deed on | ||||||
14 | redemption from
a court sale of real estate in counties of | ||||||
15 | first class, $5; second
class, $5.
| ||||||
16 | For making certificates of sale, and making and filing | ||||||
17 | duplicate, in
counties of first class, $3; in counties of the | ||||||
18 | second class, $3.
| ||||||
19 | For making certificate of redemption, $3.
| ||||||
20 | For certificate of levy and filing, $3, and the fee for | ||||||
21 | recording
shall be advanced by the judgment creditor and | ||||||
22 | charged as costs.
| ||||||
23 | For taking all bonds on legal process, civil and criminal, | ||||||
24 | in counties of
first class,
$1; in second class, $1.
| ||||||
25 | For executing copies in criminal cases, $4 and mileage for | ||||||
26 | each mile
of necessary travel, 20¢ each way.
|
| |||||||
| |||||||
1 | For executing requisitions from other States, $5.
| ||||||
2 | For conveying each prisoner from the prisoner's own county | ||||||
3 | to the jail
of another county, or from another county to the | ||||||
4 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
5 | For conveying persons to the penitentiary, reformatories, | ||||||
6 | Illinois
State Training School for Boys, Illinois State | ||||||
7 | Training School for Girls
and Reception Centers, the following | ||||||
8 | fees, payable out of the State
Treasury. For each person who is | ||||||
9 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
10 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
11 | State Training School for Girls and Reception Centers, from the
| ||||||
12 | place of conviction.
| ||||||
13 | The fees provided for transporting persons to the | ||||||
14 | penitentiary,
reformatories, Illinois State Training School | ||||||
15 | for Boys, Illinois State
Training School for Girls and | ||||||
16 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
17 | as used in this Section means the shortest
practical route, | ||||||
18 | between the place from which the person is to be
transported, | ||||||
19 | to the penitentiary, reformatories, Illinois State Training
| ||||||
20 | School for Boys, Illinois State Training School for Girls and | ||||||
21 | Reception
Centers and all fees per mile shall be computed on | ||||||
22 | such basis.
| ||||||
23 | For conveying any person to or from any of the charitable
| ||||||
24 | institutions of the State, when properly committed by competent
| ||||||
25 | authority, when one person is conveyed, 35¢ per mile; when two | ||||||
26 | persons
are conveyed at the same time, 35¢ per mile for the |
| |||||||
| |||||||
1 | first person and 20¢
per mile for the second person; and 10¢ | ||||||
2 | per mile for each additional person.
| ||||||
3 | For conveying a person from the penitentiary to the county | ||||||
4 | jail when
required by law, 35¢ per mile.
| ||||||
5 | For attending Supreme Court, $10 per day.
| ||||||
6 | In addition to the above fees there shall be allowed to the | ||||||
7 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
8 | by virtue of
any judgment of a court, except that in the case | ||||||
9 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
10 | less, the fee shall be $150.
In addition to this fee and all | ||||||
11 | other fees provided by this Section, there
shall be allowed to | ||||||
12 | the sheriff a fee in accordance with the following
schedule for | ||||||
13 | the sale of personal estate which is made by virtue of any
| ||||||
14 | judgment of a court:
| ||||||
15 | For judgments up to $1,000, $75;
| ||||||
16 | For judgments from $1,001 to $15,000, $150;
| ||||||
17 | For judgments over $15,000, $300.
| ||||||
18 | The foregoing fees allowed by this Section are the maximum | ||||||
19 | fees that
may be collected from any officer, agency, department | ||||||
20 | or other
instrumentality of the State. The county board may, | ||||||
21 | however, by ordinance,
increase the fees allowed by this | ||||||
22 | Section and collect those increased fees
from all persons and | ||||||
23 | entities other than officers, agencies, departments
and other | ||||||
24 | instrumentalities of the State if the increase is justified by | ||||||
25 | an
acceptable cost study showing that the fees allowed by this | ||||||
26 | Section are not
sufficient to cover the costs of providing the |
| |||||||
| |||||||
1 | service. A statement of the
costs of providing each service, | ||||||
2 | program and activity shall be prepared by
the county board. All | ||||||
3 | supporting documents shall be public records and
subject to | ||||||
4 | public examination and audit. All direct and indirect costs, as
| ||||||
5 | defined in the United States Office of Management and Budget | ||||||
6 | Circular A-87,
may be included in the determination of the | ||||||
7 | costs of each service,
program and activity.
| ||||||
8 | In all cases where the judgment is settled by the parties, | ||||||
9 | replevied,
stopped by injunction or paid, or where the property | ||||||
10 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
11 | his fee for levying and
mileage, together with half the fee for | ||||||
12 | all money collected by him which he
would be entitled to if the | ||||||
13 | same was made by sale to enforce the judgment.
In no case shall | ||||||
14 | the fee exceed the amount of money arising from the sale.
| ||||||
15 | The fee requirements of this Section do not apply to police | ||||||
16 | departments
or other law enforcement agencies. For the purposes | ||||||
17 | of this Section, "law
enforcement agency" means an agency of | ||||||
18 | the State or unit of local government
which is vested by law or | ||||||
19 | ordinance with the duty to maintain public order
and to enforce | ||||||
20 | criminal laws.
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
22 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
23 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
24 | officers herein named, in counties of the third class,
shall be | ||||||
25 | entitled to receive the fees herein specified, for the services
|
| |||||||
| |||||||
1 | mentioned and such other fees as may be provided by law for | ||||||
2 | such other
services not herein designated.
| ||||||
3 | Fees for Sheriff
| ||||||
4 | For serving or attempting to serve any summons on each | ||||||
5 | defendant, $35.
| ||||||
6 | For serving or attempting to serve each alias summons or | ||||||
7 | other process
mileage will be charged as hereinafter provided | ||||||
8 | when the address for
service differs from the address for | ||||||
9 | service on the original summons or
other process.
| ||||||
10 | For serving or attempting to serve all other process, on | ||||||
11 | each defendant, $35.
| ||||||
12 | For serving or attempting to serve a subpoena on each | ||||||
13 | witness, $35.
| ||||||
14 | For serving or attempting to serve each warrant, $35.
| ||||||
15 | For serving or attempting to serve each garnishee, $35.
| ||||||
16 | For summoning each juror, $10.
| ||||||
17 | For serving or attempting to serve each order or judgment | ||||||
18 | for replevin, $35.
| ||||||
19 | For serving or attempting to serve an order for attachment, | ||||||
20 | on each
defendant, $35.
| ||||||
21 | For serving or attempting to serve an order or judgment for | ||||||
22 | the
possession of real estate in an action of ejectment or in | ||||||
23 | any other action,
or for restitution in an eviction action of | ||||||
24 | forcible entry and detainer , without
aid, $35, and when aid is | ||||||
25 | necessary, the sheriff shall be allowed to tax in
addition the | ||||||
26 | actual costs thereof.
|
| |||||||
| |||||||
1 | For serving or attempting to serve notice of judgment, $35.
| ||||||
2 | For levying to satisfy an order in an action for | ||||||
3 | attachment, $25.
| ||||||
4 | For executing order of court to seize personal property, | ||||||
5 | $25.
| ||||||
6 | For making certificate of levy on real estate and filing or | ||||||
7 | recording
same, $8, and the fee for filing or recording shall | ||||||
8 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
9 | creditor and taxed as costs.
For taking possession of or | ||||||
10 | removing property levied on, the sheriff
shall be allowed to | ||||||
11 | tax the necessary actual costs of such possession or
removal.
| ||||||
12 | For advertising property for sale, $20.
| ||||||
13 | For making certificate of sale and making and filing | ||||||
14 | duplicate for
record, $15, and the fee for recording same shall | ||||||
15 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
16 | For preparing, executing and acknowledging deed on | ||||||
17 | redemption from a
court sale of real estate, $15; for | ||||||
18 | preparing, executing and
acknowledging all other deeds on sale | ||||||
19 | of real estate, $10.
| ||||||
20 | For making and filing certificate of redemption, $15, and | ||||||
21 | the fee
for recording same shall be advanced by party making | ||||||
22 | the redemption and
taxed as costs.
| ||||||
23 | For making and filing certificate of redemption from a | ||||||
24 | court sale,
$11, and the fee for recording same shall be | ||||||
25 | advanced by the party
making the redemption and taxed as costs.
| ||||||
26 | For taking all bonds on legal process, $10.
|
| |||||||
| |||||||
1 | For taking special bail, $5.
| ||||||
2 | For returning each process, $15.
| ||||||
3 | Mileage for service or attempted service of all process is | ||||||
4 | a $10 flat fee.
| ||||||
5 | For attending before a court with a prisoner on an order | ||||||
6 | for habeas
corpus, $9 per day.
| ||||||
7 | For executing requisitions from other States, $13.
| ||||||
8 | For conveying each prisoner from the prisoner's county to | ||||||
9 | the jail of
another county, per mile for going only, 25¢.
| ||||||
10 | For committing to or discharging each prisoner from jail, | ||||||
11 | $3.
| ||||||
12 | For feeding each prisoner, such compensation to cover | ||||||
13 | actual costs as
may be fixed by the county board, but such | ||||||
14 | compensation shall not be
considered a part of the fees of the | ||||||
15 | office.
| ||||||
16 | For committing each prisoner to jail under the laws of the | ||||||
17 | United
States, to be paid by the marshal or other person | ||||||
18 | requiring his
confinement, $3.
| ||||||
19 | For feeding such prisoners per day, $3, to be paid by the | ||||||
20 | marshal or
other person requiring the prisoner's confinement.
| ||||||
21 | For discharging such prisoners, $3.
| ||||||
22 | For conveying persons to the penitentiary, reformatories, | ||||||
23 | Illinois
State Training School for Boys, Illinois State | ||||||
24 | Training School for
Girls, Reception Centers and Illinois | ||||||
25 | Security Hospital, the following
fees, payable out of the State | ||||||
26 | Treasury. When one person is conveyed,
20¢ per mile in going to |
| |||||||
| |||||||
1 | the penitentiary, reformatories, Illinois State
Training | ||||||
2 | School for Boys, Illinois State Training School for Girls,
| ||||||
3 | Reception Centers and Illinois Security Hospital from the place | ||||||
4 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
5 | 20¢ per mile
for the first and 15¢ per mile for the second | ||||||
6 | person; when more than 2
persons are conveyed at the same time | ||||||
7 | as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||||||
8 | the first, 15¢ per mile
for the second and
10¢ per mile for | ||||||
9 | each additional person.
| ||||||
10 | The fees provided for herein for transporting persons to | ||||||
11 | the
penitentiary, reformatories, Illinois State Training | ||||||
12 | School for Boys,
Illinois State Training School for Girls, | ||||||
13 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
14 | for each trip so made. Mileage as used
in this Section means | ||||||
15 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
16 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
17 | shorter, between the place from which the person is to be
| ||||||
18 | transported, to the penitentiary, reformatories, Illinois | ||||||
19 | State Training
School for Boys, Illinois State Training School | ||||||
20 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
21 | and all fees per mile shall be
computed on such basis.
| ||||||
22 | In addition to the above fees, there shall be allowed to | ||||||
23 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
24 | shall be made by virtue
of any judgment of a court. In addition | ||||||
25 | to this fee and all other fees
provided by this Section, there | ||||||
26 | shall be allowed to the sheriff a fee in
accordance with the |
| |||||||
| |||||||
1 | following schedule for the sale of personal estate
which is | ||||||
2 | made by virtue of any judgment of a
court:
| ||||||
3 | For judgments up to $1,000, $100;
| ||||||
4 | For judgments over $1,000 to $15,000, $300;
| ||||||
5 | For judgments over $15,000, $500.
| ||||||
6 | In all cases where the judgment is settled by the parties, | ||||||
7 | replevied,
stopped by injunction or paid, or where the property | ||||||
8 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
9 | the fee for levying and
mileage, together with half the fee for | ||||||
10 | all money collected by him or
her which he or she would be | ||||||
11 | entitled to if the same were made by sale
in the enforcement of | ||||||
12 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
13 | arising from the sale.
| ||||||
14 | The fee requirements of this Section do not apply to police | ||||||
15 | departments
or other law enforcement agencies. For the purposes | ||||||
16 | of this Section, "law
enforcement agency" means an agency of | ||||||
17 | the State or unit of local government
which is vested by law or | ||||||
18 | ordinance with the duty to maintain public order
and to enforce | ||||||
19 | criminal laws or ordinances.
| ||||||
20 | The fee requirements of this Section do not apply to units | ||||||
21 | of local
government or school districts.
| ||||||
22 | (Source: P.A. 94-1104, eff. 6-1-07 .)
| ||||||
23 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||||||
24 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
25 | local
governments and school districts. The officers herein |
| |||||||
| |||||||
1 | named, in counties of
the third class, shall be entitled to | ||||||
2 | receive the fees herein specified
from all units of local | ||||||
3 | government and school districts, for the services
mentioned and | ||||||
4 | such other fees as may be provided by law for such other
| ||||||
5 | services not herein designated.
| ||||||
6 | Fees for Sheriff
| ||||||
7 | For serving or attempting to serve any summons on each | ||||||
8 | defendant, $25.
| ||||||
9 | For serving or attempting to serve each alias summons or | ||||||
10 | other process
mileage will be charged as hereinafter provided | ||||||
11 | when the address for
service differs from the address for | ||||||
12 | service on the original summons or
other process.
| ||||||
13 | For serving or attempting to serve all other process, on | ||||||
14 | each defendant, $25.
| ||||||
15 | For serving or attempting to serve a subpoena on each | ||||||
16 | witness, $25.
| ||||||
17 | For serving or attempting to serve each warrant, $25.
| ||||||
18 | For serving or attempting to serve each garnishee, $25.
| ||||||
19 | For summoning each juror, $4.
| ||||||
20 | For serving or attempting to serve each order or judgment | ||||||
21 | for replevin, $25.
| ||||||
22 | For serving or attempting to serve an order for attachment, | ||||||
23 | on each
defendant, $25.
| ||||||
24 | For serving or attempting to serve an order or judgment for | ||||||
25 | the
possession of real estate in an action of ejectment or in | ||||||
26 | any other action,
or for restitution in an eviction action of |
| |||||||
| |||||||
1 | forcible entry and detainer , without
aid, $9, and when aid is | ||||||
2 | necessary, the sheriff shall be allowed to tax in
addition the | ||||||
3 | actual costs thereof.
| ||||||
4 | For serving or attempting to serve notice of judgment, $25.
| ||||||
5 | For levying to satisfy an order in an action for | ||||||
6 | attachment, $25.
| ||||||
7 | For executing order of court to seize personal property, | ||||||
8 | $25.
| ||||||
9 | For making certificate of levy on real estate and filing or | ||||||
10 | recording
same, $3, and the fee for filing or recording shall | ||||||
11 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
12 | creditor and taxed as costs.
For taking possession of or | ||||||
13 | removing property levied on, the sheriff
shall be allowed to | ||||||
14 | tax the necessary actual costs of such possession or
removal.
| ||||||
15 | For advertising property for sale, $3.
| ||||||
16 | For making certificate of sale and making and filing | ||||||
17 | duplicate for
record, $3, and the fee for recording same shall | ||||||
18 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
19 | For preparing, executing and acknowledging deed on | ||||||
20 | redemption from a
court sale of real estate, $6; for preparing, | ||||||
21 | executing and
acknowledging all other deeds on sale of real | ||||||
22 | estate, $4.
| ||||||
23 | For making and filing certificate of redemption, $3.50, and | ||||||
24 | the fee
for recording same shall be advanced by party making | ||||||
25 | the redemption and
taxed as costs.
| ||||||
26 | For making and filing certificate of redemption from a |
| |||||||
| |||||||
1 | court sale,
$4.50, and the fee for recording same shall be | ||||||
2 | advanced by the party
making the redemption and taxed as costs.
| ||||||
3 | For taking all bonds on legal process, $2.
| ||||||
4 | For taking special bail, $2.
| ||||||
5 | For returning each process, $5.
| ||||||
6 | Mileage for service or attempted service of all process is | ||||||
7 | a $10 flat fee.
| ||||||
8 | For attending before a court with a prisoner on an order | ||||||
9 | for habeas
corpus, $3.50 per day.
| ||||||
10 | For executing requisitions from other States, $5.
| ||||||
11 | For conveying each prisoner from the prisoner's county to | ||||||
12 | the jail of
another county, per mile for going only, 25¢.
| ||||||
13 | For committing to or discharging each prisoner from jail, | ||||||
14 | $1.
| ||||||
15 | For feeding each prisoner, such compensation to cover | ||||||
16 | actual costs as
may be fixed by the county board, but such | ||||||
17 | compensation shall not be
considered a part of the fees of the | ||||||
18 | office.
| ||||||
19 | For committing each prisoner to jail under the laws of the | ||||||
20 | United
States, to be paid by the marshal or other person | ||||||
21 | requiring his
confinement, $1.
| ||||||
22 | For feeding such prisoners per day, $1, to be paid by the | ||||||
23 | marshal or
other person requiring the prisoner's confinement.
| ||||||
24 | For discharging such prisoners, $1.
| ||||||
25 | For conveying persons to the penitentiary, reformatories, | ||||||
26 | Illinois
State Training School for Boys, Illinois State |
| |||||||
| |||||||
1 | Training School for
Girls, Reception Centers and Illinois | ||||||
2 | Security Hospital, the following
fees, payable out of the State | ||||||
3 | Treasury. When one person is conveyed,
15¢ per mile in going to | ||||||
4 | the penitentiary, reformatories, Illinois State
Training | ||||||
5 | School for Boys, Illinois State Training School for Girls,
| ||||||
6 | Reception Centers and Illinois Security Hospital from the place | ||||||
7 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
8 | 15¢ per mile
for the first and 10¢ per mile for the second | ||||||
9 | person; when more than 2
persons are conveyed at the same time | ||||||
10 | as stated above, the sheriff shall
be allowed 15¢ per mile for | ||||||
11 | the first, 10¢ per mile for the second and
5¢ per mile for each | ||||||
12 | additional person.
| ||||||
13 | The fees provided for herein for transporting persons to | ||||||
14 | the
penitentiary, reformatories, Illinois State Training | ||||||
15 | School for Boys,
Illinois State Training School for Girls, | ||||||
16 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
17 | for each trip so made. Mileage as used
in this Section means | ||||||
18 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
19 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
20 | shorter, between the place from which the person is to be
| ||||||
21 | transported, to the penitentiary, reformatories, Illinois | ||||||
22 | State Training
School for Boys, Illinois State Training School | ||||||
23 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
24 | and all fees per mile shall be
computed on such basis.
| ||||||
25 | In addition to the above fees, there shall be allowed to | ||||||
26 | the sheriff
a fee of $600 for the sale of real estate which |
| |||||||
| |||||||
1 | shall be made by virtue
of any judgment of a court. In addition | ||||||
2 | to this fee and all other fees
provided by this Section, there | ||||||
3 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
4 | following schedule for the sale of personal estate
which is | ||||||
5 | made by virtue of any judgment of a
court:
| ||||||
6 | For judgments up to $1,000, $90;
| ||||||
7 | For judgments over $1,000 to $15,000, $275;
| ||||||
8 | For judgments over $15,000, $400.
| ||||||
9 | In all cases where the judgment is settled by the parties, | ||||||
10 | replevied,
stopped by injunction or paid, or where the property | ||||||
11 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
12 | the fee for levying and
mileage, together with half the fee for | ||||||
13 | all money collected by him or
her which he or she would be | ||||||
14 | entitled to if the same were made by sale
in the enforcement of | ||||||
15 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
16 | arising from the sale. | ||||||
17 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
18 | must be used for public safety purposes only.
| ||||||
19 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
20 | Section 10. The Illinois Municipal Code is amended by | ||||||
21 | changing Sections 1-2-11, 11-31-2.2, and 11-31.1-8 as follows:
| ||||||
22 | (65 ILCS 5/1-2-11) (from Ch. 24, par. 1-2-11)
| ||||||
23 | Sec. 1-2-11.
(a) A sheriff may serve any process or make | ||||||
24 | any arrest in a
municipality or a part of a municipality |
| |||||||
| |||||||
1 | located in the county in which the
sheriff was elected that any | ||||||
2 | officer of that municipality is authorized to
make under this | ||||||
3 | Code or any ordinance passed under this Code.
| ||||||
4 | (b) Police officers may serve summons for violations of | ||||||
5 | ordinances
occurring within their municipalities. In | ||||||
6 | municipalities with a population of 1,000,000 or more, active | ||||||
7 | duty or retired police officers may serve summons for | ||||||
8 | violations of ordinances
occurring within their | ||||||
9 | municipalities.
| ||||||
10 | (c) In addition to the powers
stated in Section 8.1a of the | ||||||
11 | Housing Authorities Act, in counties with a
population of | ||||||
12 | 3,000,000 or more inhabitants, members of a housing
authority | ||||||
13 | police force may serve process for eviction forcible entry and | ||||||
14 | detainer
actions commenced by that housing authority and may | ||||||
15 | execute eviction orders of
possession for that housing | ||||||
16 | authority.
| ||||||
17 | (Source: P.A. 98-503, eff. 8-16-13.)
| ||||||
18 | (65 ILCS 5/11-31-2.2) (from Ch. 24, par. 11-31-2.2)
| ||||||
19 | Sec. 11-31-2.2.
If a receiver is appointed pursuant to | ||||||
20 | Section 11-31-2
of this Code, the receiver may file in the | ||||||
21 | appointing Court an eviction a forcible
entry and detainer | ||||||
22 | action as provided in Article IX of the Code of Civil
| ||||||
23 | Procedure. Filing fees and court costs shall be waived for a | ||||||
24 | receiver
filing under this Section.
| ||||||
25 | (Source: P.A. 85-634.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-31.1-8) (from Ch. 24, par. 11-31.1-8)
| ||||||
2 | Sec. 11-31.1-8. Eviction - Rights of the occupants. No | ||||||
3 | action for eviction, abatement of a nuisance, forcible entry | ||||||
4 | and
detainer or other similar proceeding shall be threatened or | ||||||
5 | instituted
against an occupant of a dwelling solely because | ||||||
6 | such occupant agrees to
testify or testifies at a code | ||||||
7 | violation hearing.
| ||||||
8 | (Source: Laws 1967, p. 1905.)
| ||||||
9 | Section 15. The Illinois Service Member Civil Relief Act is | ||||||
10 | amended by changing Section 35 as follows: | ||||||
11 | (330 ILCS 63/35)
| ||||||
12 | Sec. 35. Eviction action; Action for possession of | ||||||
13 | residential premises of a tenant. A residential eviction An | ||||||
14 | action for possession of residential premises of a tenant , | ||||||
15 | including eviction of a tenant who is a resident of a mobile | ||||||
16 | home park, who is a service member that has entered military | ||||||
17 | service, or of any member of the tenant's family who resides | ||||||
18 | with the tenant , shall be subject to Section 9-107.10 of the | ||||||
19 | Code of Civil Procedure.
| ||||||
20 | (Source: P.A. 97-913, eff. 1-1-13.) | ||||||
21 | Section 20. The Environmental Protection Act is amended by | ||||||
22 | changing Section 44.1 as follows:
|
| |||||||
| |||||||
1 | (415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)
| ||||||
2 | Sec. 44.1.
(a) In addition to all other civil and criminal | ||||||
3 | penalties
provided by law, any person convicted of a criminal | ||||||
4 | violation of this Act
or the regulations adopted thereunder | ||||||
5 | shall forfeit to the State
(1) an amount equal to the value of | ||||||
6 | all profits earned, savings realized,
and benefits incurred as | ||||||
7 | a direct or indirect result of such violation, and
(2) any | ||||||
8 | vehicle or conveyance used in the perpetration of such | ||||||
9 | violation,
except as provided in subsection (b).
| ||||||
10 | (b) Forfeiture of conveyances shall be subject to the | ||||||
11 | following exceptions:
| ||||||
12 | (1) No conveyance used by any person as a common carrier in | ||||||
13 | the
transaction of business as a common carrier is subject to | ||||||
14 | forfeiture under
this Section unless it is proven that the | ||||||
15 | owner or other person in charge of
the conveyance consented to | ||||||
16 | or was privy to the covered violation.
| ||||||
17 | (2) No conveyance is subject to forfeiture under this | ||||||
18 | Section by reason
of any covered violation which the owner | ||||||
19 | proves to have been committed
without his knowledge or consent.
| ||||||
20 | (3) A forfeiture of a conveyance encumbered by a bona fide | ||||||
21 | security
interest is subject to the interest of the secured | ||||||
22 | party if he neither had
knowledge of nor consented to the | ||||||
23 | covered violation.
| ||||||
24 | (c) Except as provided in subsection (d), all property | ||||||
25 | subject to
forfeiture under this Section shall be seized |
| |||||||
| |||||||
1 | pursuant to the order of a circuit court.
| ||||||
2 | (d) Property subject to forfeiture under this Section may | ||||||
3 | be seized by
the Director or any peace officer without process:
| ||||||
4 | (1) if the seizure is incident to an inspection under an | ||||||
5 | administrative
inspection warrant, or incident to the | ||||||
6 | execution of a criminal search or arrest warrant;
| ||||||
7 | (2) if the property subject to seizure has been the subject | ||||||
8 | of a prior
judgment in favor of the State in a criminal | ||||||
9 | proceeding, or in an
injunction or forfeiture proceeding based | ||||||
10 | upon this Act; or
| ||||||
11 | (3) if there is probable cause to believe that the property | ||||||
12 | is directly
or indirectly dangerous to health or safety.
| ||||||
13 | (e) Property taken or detained under this Section shall not | ||||||
14 | be subject
to eviction forcible entry and detainer or replevin, | ||||||
15 | but is deemed to be in the
custody of the Director subject only | ||||||
16 | to the order and judgments of the
circuit court having | ||||||
17 | jurisdiction over the forfeiture proceedings. When
property is | ||||||
18 | seized under this Act, the Director may:
| ||||||
19 | (1) place the property under seal;
| ||||||
20 | (2) secure the property or remove the property to a place | ||||||
21 | designated by him; or
| ||||||
22 | (3) require the sheriff of the county in which the seizure | ||||||
23 | occurs to
take custody of the property and secure or remove it | ||||||
24 | to an appropriate
location for disposition in accordance with | ||||||
25 | law.
| ||||||
26 | (f) All amounts forfeited under item (1) of subsection (a) |
| |||||||
| |||||||
1 | shall be
apportioned in the following manner:
| ||||||
2 | (1) 40% shall be deposited in the Hazardous Waste Fund | ||||||
3 | created in Section 22.2;
| ||||||
4 | (2) 30% shall be paid to the office of the Attorney General | ||||||
5 | or the
State's Attorney of the county in which the violation | ||||||
6 | occurred, whichever
brought and prosecuted the action; and
| ||||||
7 | (3) 30% shall be paid to the law enforcement agency which | ||||||
8 | investigated the violation.
| ||||||
9 | Any funds received under this subsection (f) shall be used | ||||||
10 | solely for the
enforcement of the environmental protection laws | ||||||
11 | of this State.
| ||||||
12 | (g) When property is forfeited under this Section the court | ||||||
13 | may order:
| ||||||
14 | (1) that the property shall be made available for the | ||||||
15 | official use of
the Agency, the Office of the Attorney General, | ||||||
16 | the State's Attorney of the
county in which the violation | ||||||
17 | occurred, or the law enforcement
agency which investigated the | ||||||
18 | violation, to be used solely for the
enforcement of the | ||||||
19 | environmental protection laws of this State;
| ||||||
20 | (2) the sheriff of the county in which the forfeiture | ||||||
21 | occurs to
take custody of the property and remove it for | ||||||
22 | disposition in accordance with law; or
| ||||||
23 | (3) the sheriff of the county in which the forfeiture | ||||||
24 | occurs to sell
that which is not required to be destroyed by | ||||||
25 | law and which is not harmful
to the public. The proceeds of | ||||||
26 | such sale shall be used for payment of all
proper expenses of |
| |||||||
| |||||||
1 | the proceedings for forfeiture and sale, including
expenses of | ||||||
2 | seizure, maintenance of custody, advertising and court costs,
| ||||||
3 | and the balance, if any, shall be apportioned pursuant to | ||||||
4 | subsection (f).
| ||||||
5 | (Source: P.A. 85-487.)
| ||||||
6 | Section 25. The Clerks of Courts Act is amended by changing | ||||||
7 | Sections 27.1a, 27.2, and 27.2a as follows:
| ||||||
8 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
9 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
10 | all
counties having a population of not more than
500,000 | ||||||
11 | inhabitants in the instances described in this Section
shall be | ||||||
12 | as provided in this Section.
In those instances where a minimum | ||||||
13 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
14 | charge the minimum fee listed and may charge up to the
maximum | ||||||
15 | fee if the county board has by resolution increased the fee.
| ||||||
16 | The fees shall be paid in advance and
shall be as follows:
| ||||||
17 | (a) Civil Cases.
| ||||||
18 | With the following exceptions, the fee for filing a | ||||||
19 | complaint, petition, or other pleading initiating
a civil | ||||||
20 | action shall be a minimum of $40 and
shall be a maximum of | ||||||
21 | $160 through December 31, 2021 and a maximum of $154 on and | ||||||
22 | after January 1, 2022.
| ||||||
23 | (A) When the amount of money or damages or the | ||||||
24 | value of personal
property claimed does not exceed |
| |||||||
| |||||||
1 | $250, $10.
| ||||||
2 | (B) When that amount exceeds $250 but does not | ||||||
3 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
4 | (C) When that amount exceeds $500 but does not | ||||||
5 | exceed $2500, a minimum
of $25 and a maximum of $40.
| ||||||
6 | (D) When that amount exceeds $2500 but does not | ||||||
7 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||||||
8 | (E) For the exercise of eminent domain, a minimum | ||||||
9 | of $45 and
a maximum of $150. For each additional
lot | ||||||
10 | or tract of land or right or interest therein subject | ||||||
11 | to be condemned,
the damages in respect to which shall | ||||||
12 | require separate assessment by a
jury, a minimum of $45 | ||||||
13 | and a maximum of $150.
| ||||||
14 | (a-1) Family.
| ||||||
15 | For filing a petition under the Juvenile Court Act of | ||||||
16 | 1987, $25.
| ||||||
17 | For filing a petition for a marriage license, $10.
| ||||||
18 | For performing a marriage in court, $10.
| ||||||
19 | For filing a petition under the Illinois Parentage Act | ||||||
20 | of 2015, $40.
| ||||||
21 | (b) Eviction Forcible Entry and Detainer .
| ||||||
22 | In each eviction forcible entry and detainer case when | ||||||
23 | the plaintiff seeks eviction
possession only or unites with | ||||||
24 | his or her claim for eviction possession of the property
a | ||||||
25 | claim for rent or damages or both in the amount of $15,000 | ||||||
26 | or less, a
minimum of $10 and a maximum of $50.
When the |
| |||||||
| |||||||
1 | plaintiff unites his or her claim for eviction possession | ||||||
2 | with a claim for
rent or damages or both exceeding $15,000, | ||||||
3 | a minimum of $40 and a maximum of
$160.
| ||||||
4 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
5 | When any defendant files a counterclaim as part of his | ||||||
6 | or her
answer or otherwise or joins another party as a | ||||||
7 | third party defendant, or
both, the defendant shall pay a | ||||||
8 | fee for each counterclaim or third
party action in an | ||||||
9 | amount equal to the fee he or she would have had to pay
had | ||||||
10 | he or she brought a separate action for the relief sought | ||||||
11 | in the
counterclaim or against the third party defendant, | ||||||
12 | less the amount of the
appearance fee, if that has been | ||||||
13 | paid.
| ||||||
14 | (d) Confession of Judgment.
| ||||||
15 | In a confession of judgment when the amount does not | ||||||
16 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
17 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
18 | minimum of $40 and a maximum of $115. When the
amount | ||||||
19 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
20 | (e) Appearance.
| ||||||
21 | The fee for filing an appearance in each civil case | ||||||
22 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
23 | follows:
| ||||||
24 | (A) When the plaintiff in an eviction a forcible | ||||||
25 | entry and detainer case seeks eviction
possession | ||||||
26 | only, a minimum of $10 and a maximum of $50.
|
| |||||||
| |||||||
1 | (B) When the amount in the case does not exceed | ||||||
2 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
3 | (C) When that amount exceeds $1500 but does not | ||||||
4 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
5 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
6 | In garnishment affidavit, wage deduction affidavit, | ||||||
7 | and citation
petition when the amount does not exceed | ||||||
8 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
9 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
10 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
11 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
12 | (g) Petition to Vacate or Modify.
| ||||||
13 | (1) Petition to vacate or modify any final judgment or | ||||||
14 | order of
court, except in eviction forcible entry and | ||||||
15 | detainer cases and small claims cases
or a petition to | ||||||
16 | reopen an estate, to modify, terminate, or enforce a
| ||||||
17 | judgment or order for child or spousal support, or to | ||||||
18 | modify, suspend, or
terminate an order for withholding, if | ||||||
19 | filed before 30 days after the entry
of the judgment or | ||||||
20 | order, a minimum of $20 and a maximum of $50.
| ||||||
21 | (2) Petition to vacate or modify any final judgment or | ||||||
22 | order of court,
except a petition to modify, terminate, or | ||||||
23 | enforce a judgment or order for
child or spousal support or | ||||||
24 | to modify, suspend, or terminate an order for
withholding, | ||||||
25 | if filed later than 30 days after the entry of the judgment | ||||||
26 | or
order, a minimum of $20 and a maximum of $75.
|
| |||||||
| |||||||
1 | (3) Petition to vacate order of bond forfeiture, a | ||||||
2 | minimum of $10 and a
maximum of $40.
| ||||||
3 | (h) Mailing.
| ||||||
4 | When the clerk is required to mail, the fee will be a | ||||||
5 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
6 | postage.
| ||||||
7 | (i) Certified Copies.
| ||||||
8 | Each certified copy of a judgment after the first, | ||||||
9 | except in small
claims and eviction forcible entry and | ||||||
10 | detainer cases, a minimum of $2 and a maximum
of $10.
| ||||||
11 | (j) Habeas Corpus.
| ||||||
12 | For filing a petition for relief by habeas corpus, a | ||||||
13 | minimum of $60 and a
maximum of $100.
| ||||||
14 | (k) Certification, Authentication, and Reproduction.
| ||||||
15 | (1) Each certification or authentication for taking | ||||||
16 | the acknowledgment
of a deed or other instrument in writing | ||||||
17 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
18 | $6.
| ||||||
19 | (2) Court appeals when original documents are | ||||||
20 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
21 | minimum of $20 and a maximum of $60.
| ||||||
22 | (3) Court appeals when original documents are | ||||||
23 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
24 | minimum of $50 and a maximum of $150.
| ||||||
25 | (4) Court appeals when original documents are | ||||||
26 | forwarded, over 200
pages, an additional fee of a minimum |
| |||||||
| |||||||
1 | of 20 cents and a maximum of 25 cents per page.
| ||||||
2 | (5) For reproduction of any document contained in the | ||||||
3 | clerk's files:
| ||||||
4 | (A) First page, a minimum of $1 and a maximum
of | ||||||
5 | $2.
| ||||||
6 | (B) Next 19 pages, 50 cents per page.
| ||||||
7 | (C) All remaining pages, 25 cents per page.
| ||||||
8 | (l) Remands.
| ||||||
9 | In any cases remanded to the Circuit Court from the | ||||||
10 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
11 | clerk shall file the remanding
order and reinstate the case | ||||||
12 | with either its original number or a new number.
The Clerk | ||||||
13 | shall not charge any new or additional fee for the | ||||||
14 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
15 | the parties of the reinstatement. A
party shall have the | ||||||
16 | same right to a jury trial on remand and reinstatement as
| ||||||
17 | he or she had before the appeal, and no additional or new | ||||||
18 | fee or charge shall
be made for a jury trial after remand.
| ||||||
19 | (m) Record Search.
| ||||||
20 | For each record search, within a division or municipal | ||||||
21 | district, the
clerk shall be entitled to a search fee of a | ||||||
22 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
23 | (n) Hard Copy.
| ||||||
24 | For each page of hard copy print output, when case | ||||||
25 | records are
maintained on an automated medium, the clerk | ||||||
26 | shall be entitled to a fee of a
minimum of $4 and a maximum |
| |||||||
| |||||||
1 | of $6.
| ||||||
2 | (o) Index Inquiry and Other Records.
| ||||||
3 | No fee shall be charged for a single | ||||||
4 | plaintiff/defendant index inquiry
or single case record | ||||||
5 | inquiry when this request is made in person and the
records | ||||||
6 | are maintained in a current automated medium, and when no | ||||||
7 | hard copy
print output is requested. The fees to be charged | ||||||
8 | for management records,
multiple case records, and | ||||||
9 | multiple journal records may be specified by the
Chief | ||||||
10 | Judge pursuant to the guidelines for access and | ||||||
11 | dissemination of
information approved by the Supreme | ||||||
12 | Court.
| ||||||
13 | (p) (Blank).
| ||||||
14 | (q) Alias Summons.
| ||||||
15 | For each alias summons or citation issued by the clerk, | ||||||
16 | a minimum of $2
and a maximum of $5.
| ||||||
17 | (r) Other Fees.
| ||||||
18 | Any fees not covered in this Section shall be set by | ||||||
19 | rule or
administrative order of the Circuit Court with the | ||||||
20 | approval of the
Administrative Office of the Illinois | ||||||
21 | Courts.
| ||||||
22 | The clerk of the circuit court may provide additional | ||||||
23 | services for
which there is no fee specified by statute in | ||||||
24 | connection with the operation
of the clerk's office as may | ||||||
25 | be requested by the public and agreed to by
the clerk and | ||||||
26 | approved by the chief judge of the circuit court. Any
|
| |||||||
| |||||||
1 | charges for additional services shall be as agreed to
| ||||||
2 | between the clerk and the party making the request and | ||||||
3 | approved by the
chief judge of the circuit court. Nothing | ||||||
4 | in this
subsection shall be construed to require any clerk | ||||||
5 | to provide any service
not otherwise required by law.
| ||||||
6 | (s) Jury Services.
| ||||||
7 | The clerk shall be entitled to receive, in addition to | ||||||
8 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
9 | and a maximum of $212.50, as a fee for the services of a | ||||||
10 | jury in
every civil action not quasi-criminal in its nature | ||||||
11 | and not a proceeding
for the exercise of the right of | ||||||
12 | eminent domain and in every other action
wherein the right | ||||||
13 | of trial by jury is or may be given by law. The jury fee
| ||||||
14 | shall be paid by the party demanding a jury at the time of | ||||||
15 | filing the jury
demand. If the fee is not paid by either | ||||||
16 | party, no jury shall be called in
the action or proceeding, | ||||||
17 | and the same shall be tried by the court without
a jury.
| ||||||
18 | (t) Voluntary Assignment.
| ||||||
19 | For filing each deed of voluntary assignment, a minimum | ||||||
20 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
21 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
22 | words. Exceptions filed to claims presented
to an assignee | ||||||
23 | of a debtor who has made a voluntary assignment for the
| ||||||
24 | benefit of creditors shall be considered and treated, for | ||||||
25 | the purpose of
taxing costs therein, as actions in which | ||||||
26 | the party or parties filing
the exceptions shall be |
| |||||||
| |||||||
1 | considered as party or parties plaintiff, and
the claimant | ||||||
2 | or claimants as party or parties defendant, and those
| ||||||
3 | parties respectively shall pay to the clerk the same fees
| ||||||
4 | as provided by this Section to be paid in other actions.
| ||||||
5 | (u) Expungement Petition.
| ||||||
6 | The clerk shall be entitled to receive a fee of a | ||||||
7 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
8 | petition filed and an additional fee of a minimum of $2 and | ||||||
9 | a
maximum of $4 for each certified
copy of an order to | ||||||
10 | expunge arrest records.
| ||||||
11 | (v) Probate.
| ||||||
12 | The clerk is entitled to receive the fees
specified in | ||||||
13 | this subsection (v), which shall be paid in advance,
except | ||||||
14 | that, for good cause shown, the court may suspend, reduce, | ||||||
15 | or
release the costs payable under this subsection:
| ||||||
16 | (1) For administration of the estate of a decedent | ||||||
17 | (whether testate
or intestate) or of a missing person, a | ||||||
18 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
19 | specified in
subsection (v)(3), except:
| ||||||
20 | (A) When the value of the real and personal | ||||||
21 | property does not exceed
$15,000, the fee shall be a | ||||||
22 | minimum of $25 and a maximum of $40.
| ||||||
23 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
24 | a domestic or
foreign will is admitted to probate | ||||||
25 | without administration (including
proof of heirship), | ||||||
26 | or (iii) letters of office are issued for a particular
|
| |||||||
| |||||||
1 | purpose without administration of the estate, the fee | ||||||
2 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
3 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
4 | (2) For administration of the estate of a ward, a | ||||||
5 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
6 | specified in subsection (v)(3), except:
| ||||||
7 | (A) When the value of the real and personal | ||||||
8 | property does not exceed
$15,000, the fee shall be a | ||||||
9 | minimum of $25 and a maximum of $40.
| ||||||
10 | (B) When (i) letters of office are issued to a | ||||||
11 | guardian of the person
or persons,
but not of the | ||||||
12 | estate or (ii) letters of office are issued in the | ||||||
13 | estate of
a ward without administration of the estate, | ||||||
14 | including filing or joining in
the filing of a tax | ||||||
15 | return or releasing a mortgage or consenting to the
| ||||||
16 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
17 | and a maximum of
$20.
| ||||||
18 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
19 | (3) In addition to the fees payable under subsection | ||||||
20 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
21 | payable:
| ||||||
22 | (A) For each account (other than one final account) | ||||||
23 | filed in the
estate of a decedent, or ward, a minimum | ||||||
24 | of $10 and a maximum of $25.
| ||||||
25 | (B) For filing a claim in an estate when the amount | ||||||
26 | claimed is $150
or more but less than $500, a minimum |
| |||||||
| |||||||
1 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
2 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
3 | and a maximum of $40; when
the amount claimed is | ||||||
4 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
5 | provided that the court in allowing a claim may add to | ||||||
6 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
7 | (C) For filing in an estate a claim, petition, or | ||||||
8 | supplemental
proceeding based upon an action seeking | ||||||
9 | equitable relief including the
construction or contest | ||||||
10 | of a will, enforcement of a contract to make a
will, | ||||||
11 | and proceedings involving testamentary trusts or the | ||||||
12 | appointment of
testamentary trustees, a minimum of $40 | ||||||
13 | and a maximum of $60.
| ||||||
14 | (D) For filing in an estate (i) the appearance of | ||||||
15 | any person for the
purpose of consent or (ii) the | ||||||
16 | appearance of an executor, administrator,
| ||||||
17 | administrator to collect, guardian, guardian ad litem, | ||||||
18 | or special
administrator, no fee.
| ||||||
19 | (E) Except as provided in subsection (v)(3)(D), | ||||||
20 | for filing the
appearance of any person or persons, a | ||||||
21 | minimum of $10 and a maximum of $30.
| ||||||
22 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
23 | maximum of
$137.50.
| ||||||
24 | (G) For disposition of the collection of a judgment | ||||||
25 | or settlement of
an action or claim for wrongful death | ||||||
26 | of a decedent or of any cause of
action of a ward, when |
| |||||||
| |||||||
1 | there is no other administration of the estate, a
| ||||||
2 | minimum of $30 and a maximum of $50,
less any amount | ||||||
3 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
4 | that if
the amount involved does not exceed $5,000, the | ||||||
5 | fee, including any amount
paid under subsection | ||||||
6 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
7 | maximum of $20.
| ||||||
8 | (H) For each certified copy of letters of office, | ||||||
9 | of court order or
other certification, a minimum of $1 | ||||||
10 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
11 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
12 | document certified.
| ||||||
13 | (I) For each exemplification, a minimum of $1 and a | ||||||
14 | maximum of $2, plus the fee for certification.
| ||||||
15 | (4) The executor, administrator, guardian, petitioner,
| ||||||
16 | or other interested person or his or her attorney shall pay | ||||||
17 | the cost of
publication by the clerk directly to the | ||||||
18 | newspaper.
| ||||||
19 | (5) The person on whose behalf a charge is incurred for | ||||||
20 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
21 | fee shall pay the same
directly to the person entitled | ||||||
22 | thereto.
| ||||||
23 | (6) The executor, administrator, guardian, petitioner, | ||||||
24 | or other
interested person or his or her attorney shall pay | ||||||
25 | to the clerk all postage
charges incurred by the clerk in | ||||||
26 | mailing petitions, orders, notices, or
other documents |
| |||||||
| |||||||
1 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
2 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
3 | (1) The clerk shall be entitled to costs in all | ||||||
4 | criminal
and quasi-criminal cases from each person | ||||||
5 | convicted or sentenced to
supervision therein as follows:
| ||||||
6 | (A) Felony complaints, a minimum of $40 and a | ||||||
7 | maximum of $100.
| ||||||
8 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
9 | maximum of $75.
| ||||||
10 | (C) Business offense complaints, a minimum of $25 | ||||||
11 | and a maximum of
$75.
| ||||||
12 | (D) Petty offense complaints, a minimum of $25 and | ||||||
13 | a maximum of $75.
| ||||||
14 | (E) Minor traffic or ordinance violations, $10.
| ||||||
15 | (F) When court appearance required, $15.
| ||||||
16 | (G) Motions to vacate or amend final orders, a | ||||||
17 | minimum of $20 and a
maximum of $40.
| ||||||
18 | (H) Motions to vacate bond forfeiture orders, a | ||||||
19 | minimum of $20 and
a maximum of $40.
| ||||||
20 | (I) Motions to vacate ex parte judgments, whenever | ||||||
21 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
22 | (J) Motions to vacate judgment on forfeitures, | ||||||
23 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
24 | (K) Motions to vacate "failure to appear" or | ||||||
25 | "failure to comply"
notices sent to the Secretary of | ||||||
26 | State, a minimum of $20 and a maximum of
$40.
|
| |||||||
| |||||||
1 | (2) In counties having a population of not
more
than | ||||||
2 | 500,000 inhabitants, when the violation complaint is
| ||||||
3 | issued by a
municipal police department, the clerk shall be | ||||||
4 | entitled to costs from each
person convicted therein as | ||||||
5 | follows:
| ||||||
6 | (A) Minor traffic or ordinance violations, $10.
| ||||||
7 | (B) When court appearance required, $15.
| ||||||
8 | (3) In ordinance violation cases punishable by fine | ||||||
9 | only, the clerk
of the circuit court shall be entitled to | ||||||
10 | receive, unless the fee is
excused upon a finding by the | ||||||
11 | court that the defendant is indigent, in
addition to other | ||||||
12 | fees or costs allowed or imposed by law, the sum of a
| ||||||
13 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
14 | services of a jury. The jury fee shall be paid by the
| ||||||
15 | defendant at the time of filing his or her jury demand. If | ||||||
16 | the fee is not
so paid by the defendant, no jury shall be | ||||||
17 | called, and the case shall be
tried by the court without a | ||||||
18 | jury.
| ||||||
19 | (x) Transcripts of Judgment.
| ||||||
20 | For the filing of a transcript of judgment, the clerk | ||||||
21 | shall be entitled
to the same fee as if it were the | ||||||
22 | commencement of a new suit.
| ||||||
23 | (y) Change of Venue.
| ||||||
24 | (1) For the filing of a change of case on a change of | ||||||
25 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
26 | were the commencement of a new suit.
|
| |||||||
| |||||||
1 | (2) The fee for the preparation and certification of a | ||||||
2 | record on a
change of venue to another jurisdiction, when | ||||||
3 | original documents are
forwarded, a minimum of $10 and a | ||||||
4 | maximum of $40.
| ||||||
5 | (z) Tax objection complaints.
| ||||||
6 | For each tax objection complaint containing one or more | ||||||
7 | tax
objections, regardless of the number of parcels | ||||||
8 | involved or the number of
taxpayers joining on the | ||||||
9 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
10 | (aa) Tax Deeds.
| ||||||
11 | (1) Petition for tax deed, if only one parcel is | ||||||
12 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
13 | (2) For each additional parcel, add a fee of a minimum | ||||||
14 | of $10 and a
maximum of $60.
| ||||||
15 | (bb) Collections.
| ||||||
16 | (1) For all collections made of others, except the | ||||||
17 | State and county
and except in maintenance or child support | ||||||
18 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
19 | of
the amount collected and turned over.
| ||||||
20 | (2) Interest earned on any funds held by the clerk | ||||||
21 | shall be turned
over to the county general fund as an | ||||||
22 | earning of the office.
| ||||||
23 | (3) For any check, draft, or other bank instrument | ||||||
24 | returned to the
clerk for non-sufficient funds, account | ||||||
25 | closed, or
payment stopped, $25.
| ||||||
26 | (4) In child support and maintenance cases, the clerk, |
| |||||||
| |||||||
1 | if authorized by an
ordinance of the county board, may | ||||||
2 | collect an annual fee of up to $36 from
the person making | ||||||
3 | payment for maintaining child support records and the
| ||||||
4 | processing of support orders to the State of Illinois KIDS | ||||||
5 | system and the
recording of payments issued by the State | ||||||
6 | Disbursement Unit for the official
record of the Court. | ||||||
7 | This fee shall be in addition
to and separate from amounts | ||||||
8 | ordered to be paid as maintenance or child
support and | ||||||
9 | shall be deposited into a Separate Maintenance and Child | ||||||
10 | Support
Collection Fund, of which the clerk shall be the | ||||||
11 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
12 | child support orders and record all payments
issued by the | ||||||
13 | State Disbursement Unit for the official record of the | ||||||
14 | Court.
The clerk may recover from the person making the | ||||||
15 | maintenance or child support
payment any additional cost | ||||||
16 | incurred in the collection of this annual
fee.
| ||||||
17 | The clerk shall also be entitled to a fee of $5 for | ||||||
18 | certifications made
to the Secretary of State as provided | ||||||
19 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
20 | and these fees shall also be deposited into the
Separate | ||||||
21 | Maintenance and Child Support Collection Fund.
| ||||||
22 | (cc) Corrections of Numbers.
| ||||||
23 | For correction of the case number, case
title, or | ||||||
24 | attorney computer identification number, if required by | ||||||
25 | rule of
court, on any document filed in the clerk's office, | ||||||
26 | to be charged against
the party that filed the document, a |
| |||||||
| |||||||
1 | minimum of $10 and a maximum of $25.
| ||||||
2 | (dd) Exceptions.
| ||||||
3 | (1) The fee requirements of this Section shall not | ||||||
4 | apply to police
departments or other law enforcement | ||||||
5 | agencies. In this Section, "law
enforcement agency" means | ||||||
6 | an agency of the State or a unit of local
government which | ||||||
7 | is vested by law or ordinance with the duty to maintain
| ||||||
8 | public order and to enforce criminal laws or ordinances. | ||||||
9 | "Law enforcement
agency" also means the Attorney General or | ||||||
10 | any state's attorney.
| ||||||
11 | (2) No fee provided herein shall be charged to any unit | ||||||
12 | of local
government or school district.
| ||||||
13 | (3) The fee requirements of this Section shall not | ||||||
14 | apply to any action
instituted under subsection (b) of | ||||||
15 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
16 | owner or tenant of real property within 1200 feet of a
| ||||||
17 | dangerous or unsafe building seeking an order compelling | ||||||
18 | the owner or owners of
the building to take any of the | ||||||
19 | actions authorized under that subsection.
| ||||||
20 | (4) The fee requirements of this Section shall not | ||||||
21 | apply to the filing of
any
commitment petition or petition | ||||||
22 | for an order authorizing the administration of | ||||||
23 | psychotropic medication or electroconvulsive therapy
under | ||||||
24 | the Mental Health and
Developmental Disabilities Code.
| ||||||
25 | (ee) Adoptions.
| ||||||
26 | (1) For an adoption ...............................$65
|
| |||||||
| |||||||
1 | (2) Upon good cause shown, the court may waive the | ||||||
2 | adoption filing fee in
a special needs adoption. The term | ||||||
3 | "special needs adoption" shall have the
meaning ascribed to | ||||||
4 | it by the Illinois Department of Children and Family
| ||||||
5 | Services.
| ||||||
6 | (ff) Adoption exemptions.
| ||||||
7 | No fee other than that set forth in subsection (ee) | ||||||
8 | shall be charged to any
person in connection with an | ||||||
9 | adoption proceeding nor may any fee be charged for
| ||||||
10 | proceedings for the appointment of a confidential | ||||||
11 | intermediary under the
Adoption Act.
| ||||||
12 | (Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16.)
| ||||||
13 | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| ||||||
14 | Sec. 27.2. The fees of the clerks of the circuit court in | ||||||
15 | all
counties having a population in excess of 500,000 | ||||||
16 | inhabitants
but less than 3,000,000 inhabitants in the | ||||||
17 | instances described in this Section
shall be as provided in | ||||||
18 | this Section.
In those instances where a minimum and maximum | ||||||
19 | fee is stated, counties with
more than 500,000 inhabitants but | ||||||
20 | less than 3,000,000 inhabitants must charge
the minimum fee | ||||||
21 | listed in this Section and may charge up to the maximum fee if
| ||||||
22 | the county board has by resolution increased the fee.
In | ||||||
23 | addition, the minimum fees authorized in this
Section shall | ||||||
24 | apply to all units of local government and school districts
in | ||||||
25 | counties with more than 3,000,000 inhabitants. The fees shall |
| |||||||
| |||||||
1 | be paid
in advance and shall be as follows:
| ||||||
2 | (a) Civil Cases.
| ||||||
3 | With the following exceptions, the fee for filing a | ||||||
4 | complaint, petition, or other pleading initiating
a civil | ||||||
5 | action shall be a minimum of $150
and shall be a maximum of | ||||||
6 | $190 through December 31, 2021 and a maximum of $184 on and | ||||||
7 | after January 1, 2022.
| ||||||
8 | (A) When the amount of money or damages or the | ||||||
9 | value of personal
property claimed does not exceed | ||||||
10 | $250, a minimum of $10 and a maximum of
$15.
| ||||||
11 | (B) When that amount exceeds $250 but does not | ||||||
12 | exceed $1,000, a minimum of $20 and a maximum of $40.
| ||||||
13 | (C) When that amount exceeds $1,000 but does not | ||||||
14 | exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||||||
15 | (D) When that amount exceeds $2500 but does not | ||||||
16 | exceed $5,000, a minimum of $75 and a maximum of $100.
| ||||||
17 | (D-5) When the amount exceeds $5,000 but does not | ||||||
18 | exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||||||
19 | (E) For the exercise of eminent domain, $150. For | ||||||
20 | each
additional lot or tract of land or right or | ||||||
21 | interest therein subject to be
condemned, the damages | ||||||
22 | in respect to which shall require separate
assessment | ||||||
23 | by a jury, $150.
| ||||||
24 | (F) No fees shall be charged by the clerk to a | ||||||
25 | petitioner in any
order of
protection including, but | ||||||
26 | not limited to, filing, modifying, withdrawing,
|
| |||||||
| |||||||
1 | certifying, or
photocopying petitions for orders of | ||||||
2 | protection, or for issuing alias summons,
or for any
| ||||||
3 | related filing service, certifying, modifying, | ||||||
4 | vacating, or
photocopying any
orders of protection.
| ||||||
5 | (b) Eviction Forcible Entry and Detainer .
| ||||||
6 | In each eviction forcible entry and detainer case when | ||||||
7 | the plaintiff seeks eviction
possession only or unites with | ||||||
8 | his or her claim for eviction possession of the property
a | ||||||
9 | claim for rent or damages or both in the amount of $15,000 | ||||||
10 | or less, a
minimum of $40 and a maximum of $75.
When the | ||||||
11 | plaintiff unites his or her claim for eviction possession | ||||||
12 | with a claim for
rent or damages or both exceeding $15,000, | ||||||
13 | a minimum of $150 and a
maximum of $225.
| ||||||
14 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
15 | When any defendant files a counterclaim as part of his | ||||||
16 | or her
answer or otherwise or joins another party as a | ||||||
17 | third party defendant, or
both, the defendant shall pay a | ||||||
18 | fee for each counterclaim or third
party action in an | ||||||
19 | amount equal to the fee he or she would have had to pay
had | ||||||
20 | he or she brought a separate action for the relief sought | ||||||
21 | in the
counterclaim or against the third party defendant, | ||||||
22 | less the amount of the
appearance fee, if that has been | ||||||
23 | paid.
| ||||||
24 | (d) Confession of Judgment.
| ||||||
25 | In a confession of judgment when the amount does not | ||||||
26 | exceed $1500, a
minimum of $50 and a maximum of $60. When |
| |||||||
| |||||||
1 | the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||||||
2 | When the amount exceeds $5,000, but does not exceed
| ||||||
3 | $15,000, $175.
When the amount exceeds $15,000, a minimum | ||||||
4 | of $200 and a maximum of
$250.
| ||||||
5 | (e) Appearance.
| ||||||
6 | The fee for filing an appearance in each civil case | ||||||
7 | shall be a minimum
of $50 and a maximum of $75,
except as | ||||||
8 | follows:
| ||||||
9 | (A) When the plaintiff in an eviction a forcible | ||||||
10 | entry and detainer case seeks eviction
possession | ||||||
11 | only, a minimum of $20 and a maximum of $40.
| ||||||
12 | (B) When the amount in the case does not exceed | ||||||
13 | $1500, a minimum of
$20 and a maximum of $40.
| ||||||
14 | (C) When the amount in the case exceeds $1500 but | ||||||
15 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
16 | of $60.
| ||||||
17 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
18 | In garnishment affidavit, wage deduction affidavit, | ||||||
19 | and citation
petition when the amount does not exceed | ||||||
20 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
21 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
22 | of $20 and a maximum
of $30; and when the amount exceeds
| ||||||
23 | $5,000, a minimum of $30 and a maximum of $50.
| ||||||
24 | (g) Petition to Vacate
or Modify.
| ||||||
25 | (1) Petition to vacate
or modify any final judgment or | ||||||
26 | order of court,
except in eviction forcible entry and |
| |||||||
| |||||||
1 | detainer cases and small claims cases or a
petition to | ||||||
2 | reopen an estate, to modify, terminate, or enforce a
| ||||||
3 | judgment or order for child or spousal support, or to | ||||||
4 | modify, suspend, or
terminate an order for withholding, if | ||||||
5 | filed before 30 days after the entry
of the judgment or | ||||||
6 | order, a minimum of $40 and a maximum of $50.
| ||||||
7 | (2) Petition to vacate
or modify any final judgment
or | ||||||
8 | order of court, except a petition to modify, terminate, or | ||||||
9 | enforce a
judgment or order for child or spousal support or | ||||||
10 | to modify, suspend, or
terminate an order for withholding, | ||||||
11 | if filed later than 30 days
after the entry of the judgment | ||||||
12 | or order, a minimum of $60 and a maximum
of $75.
| ||||||
13 | (3) Petition to vacate order of bond forfeiture, a | ||||||
14 | minimum of $20
and a maximum of $40.
| ||||||
15 | (h) Mailing.
| ||||||
16 | When the clerk is required to mail, the fee will be a | ||||||
17 | minimum of $6
and a maximum of $10, plus the cost of | ||||||
18 | postage.
| ||||||
19 | (i) Certified Copies.
| ||||||
20 | Each certified copy of a judgment after the first, | ||||||
21 | except in small
claims and eviction forcible entry and | ||||||
22 | detainer cases, a minimum of $10 and a
maximum of $15.
| ||||||
23 | (j) Habeas Corpus.
| ||||||
24 | For filing a petition for relief by habeas corpus, a | ||||||
25 | minimum of $80
and a maximum of $125.
| ||||||
26 | (k) Certification, Authentication, and Reproduction.
|
| |||||||
| |||||||
1 | (1) Each certification or authentication for taking | ||||||
2 | the acknowledgment
of a deed or other instrument in writing | ||||||
3 | with the seal of office, a minimum
of $4 and a maximum of | ||||||
4 | $6.
| ||||||
5 | (2) Court appeals when original documents are | ||||||
6 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
7 | minimum of $50 and a maximum of $75.
| ||||||
8 | (3) Court appeals when original documents are | ||||||
9 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
10 | minimum of $120 and a maximum of $150.
| ||||||
11 | (4) Court appeals when original documents are | ||||||
12 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
13 | of 20 and a maximum of 25 cents
per page.
| ||||||
14 | (5) For reproduction of any document contained in the | ||||||
15 | clerk's files:
| ||||||
16 | (A) First page, $2.
| ||||||
17 | (B) Next 19 pages, 50 cents per page.
| ||||||
18 | (C) All remaining pages, 25 cents per page.
| ||||||
19 | (l) Remands.
| ||||||
20 | In any cases remanded to the Circuit Court from the | ||||||
21 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
22 | clerk shall file the remanding
order and reinstate the case | ||||||
23 | with either its original number or a new number.
The Clerk | ||||||
24 | shall not
charge any new or additional fee for the | ||||||
25 | reinstatement. Upon reinstatement the
Clerk shall advise | ||||||
26 | the parties of the reinstatement. A party shall have the
|
| |||||||
| |||||||
1 | same right to a jury trial on remand and reinstatement as | ||||||
2 | he or she had before
the appeal, and no additional or new | ||||||
3 | fee or charge shall be made for a jury
trial after remand.
| ||||||
4 | (m) Record Search.
| ||||||
5 | For each record search, within a division or municipal | ||||||
6 | district, the
clerk shall be entitled to a search fee of a | ||||||
7 | minimum of $4 and a maximum
of $6 for each year searched.
| ||||||
8 | (n) Hard Copy.
| ||||||
9 | For each page of hard copy print output, when case | ||||||
10 | records are
maintained on an automated medium, the clerk | ||||||
11 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
12 | of $6.
| ||||||
13 | (o) Index Inquiry and Other Records.
| ||||||
14 | No fee shall be charged for a single | ||||||
15 | plaintiff/defendant index inquiry
or single case record | ||||||
16 | inquiry when this request is made in person and the
records | ||||||
17 | are maintained in a current automated medium, and when no | ||||||
18 | hard copy
print output is requested. The fees to be charged | ||||||
19 | for management records,
multiple case records, and | ||||||
20 | multiple journal records may be specified by the
Chief | ||||||
21 | Judge pursuant to the guidelines for access and | ||||||
22 | dissemination of
information approved by the Supreme | ||||||
23 | Court.
| ||||||
24 | (p) (Blank).
| ||||||
25 | (q) Alias Summons.
| ||||||
26 | For each alias summons or citation issued by the clerk, |
| |||||||
| |||||||
1 | a minimum of $4
and a maximum of $5.
| ||||||
2 | (r) Other Fees.
| ||||||
3 | Any fees not covered in this Section shall be set by | ||||||
4 | rule or
administrative order of the Circuit Court with the | ||||||
5 | approval of the
Administrative Office of the Illinois | ||||||
6 | Courts.
| ||||||
7 | The clerk of the circuit court may provide additional | ||||||
8 | services for
which there is no fee specified by statute in | ||||||
9 | connection with the operation
of the clerk's office as may | ||||||
10 | be requested by the public and agreed to by
the clerk and | ||||||
11 | approved by the chief judge of the circuit court. Any
| ||||||
12 | charges for additional services shall be as agreed to
| ||||||
13 | between the clerk and the party making the request and | ||||||
14 | approved by the
chief judge of the circuit court. Nothing | ||||||
15 | in this
subsection shall be construed to require any clerk | ||||||
16 | to provide any service
not otherwise required by law.
| ||||||
17 | (s) Jury Services.
| ||||||
18 | The clerk shall be entitled to receive, in
addition to | ||||||
19 | other fees allowed by law, the sum of a minimum of $192.50
| ||||||
20 | and a maximum of $212.50, as a fee for the
services of a | ||||||
21 | jury in every civil action not quasi-criminal in its
nature | ||||||
22 | and not a proceeding for the exercise of the right of | ||||||
23 | eminent
domain and in every other action wherein the right | ||||||
24 | of trial by jury
is or may be given by law. The jury fee | ||||||
25 | shall be paid by the party
demanding a jury at the time of | ||||||
26 | filing the jury demand. If the fee is
not paid by either |
| |||||||
| |||||||
1 | party, no jury shall be called in the action or
proceeding, | ||||||
2 | and the same shall be tried by the court without a jury.
| ||||||
3 | (t) Voluntary Assignment.
| ||||||
4 | For filing each deed of voluntary assignment, a minimum | ||||||
5 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
6 | minimum of 25¢ and a maximum of 50¢ for each 100 words.
| ||||||
7 | Exceptions filed to claims presented
to an assignee of a | ||||||
8 | debtor who has made a voluntary assignment for the
benefit | ||||||
9 | of creditors shall be considered and treated, for the | ||||||
10 | purpose of
taxing costs therein, as actions in which the | ||||||
11 | party or parties filing
the exceptions shall be considered | ||||||
12 | as party or parties plaintiff, and
the claimant or | ||||||
13 | claimants as party or parties defendant, and those
parties | ||||||
14 | respectively shall pay to the clerk the same fees
as | ||||||
15 | provided by this Section to be paid in other actions.
| ||||||
16 | (u) Expungement Petition.
| ||||||
17 | The clerk shall be entitled to receive a
fee of a | ||||||
18 | minimum of $30 and a maximum of $60 for each expungement
| ||||||
19 | petition filed and an additional fee of a minimum of $2 and | ||||||
20 | a maximum of
$4 for each certified copy of an order to | ||||||
21 | expunge arrest records.
| ||||||
22 | (v) Probate.
| ||||||
23 | The clerk is entitled to receive the fees specified in | ||||||
24 | this subsection
(v), which shall be paid in advance, except | ||||||
25 | that, for good cause shown, the
court may suspend, reduce, | ||||||
26 | or release the costs payable under this subsection:
|
| |||||||
| |||||||
1 | (1) For administration of the estate of a decedent | ||||||
2 | (whether testate
or intestate) or of a missing person, a | ||||||
3 | minimum of $100 and a maximum of
$150, plus the fees | ||||||
4 | specified in
subsection (v)(3), except:
| ||||||
5 | (A) When the value of the real and personal | ||||||
6 | property does not exceed
$15,000, the fee shall be a | ||||||
7 | minimum of $25 and a maximum of $40.
| ||||||
8 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
9 | a domestic or
foreign will is admitted to probate | ||||||
10 | without administration (including
proof of heirship), | ||||||
11 | or (iii) letters of office are issued for a particular
| ||||||
12 | purpose without administration of the estate, the fee | ||||||
13 | shall be a minimum of
$25 and a maximum of $40.
| ||||||
14 | (2) For administration of the estate of a ward, a | ||||||
15 | minimum of $50 and
a maximum of $75,
plus the fees | ||||||
16 | specified in subsection (v)(3), except:
| ||||||
17 | (A) When the value of the real and personal | ||||||
18 | property does not exceed
$15,000, the fee shall be a | ||||||
19 | minimum of $25 and a maximum of $40.
| ||||||
20 | (B) When (i) letters of office are issued to a | ||||||
21 | guardian of the
person or persons, but not of the | ||||||
22 | estate or (ii) letters of office are
issued in the
| ||||||
23 | estate of a ward without administration of the estate, | ||||||
24 | including filing or
joining in the filing of a tax | ||||||
25 | return or releasing a mortgage or consenting
to the | ||||||
26 | marriage of the ward, the fee shall be a minimum of $10 |
| |||||||
| |||||||
1 | and a
maximum
of $20.
| ||||||
2 | (3) In addition to the fees payable under subsection | ||||||
3 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
4 | payable:
| ||||||
5 | (A) For each account (other than one final account) | ||||||
6 | filed in the
estate of a decedent, or ward, a minimum | ||||||
7 | of $15 and a maximum of $25.
| ||||||
8 | (B) For filing a claim in an estate when the amount | ||||||
9 | claimed is $150
or more but less than $500, a minimum | ||||||
10 | of $10 and a maximum of $20; when
the amount claimed is | ||||||
11 | $500 or
more but less than $10,000, a minimum of $25 | ||||||
12 | and a maximum of $40; when
the amount claimed is | ||||||
13 | $10,000 or more, a minimum of $40 and a maximum of
$60; | ||||||
14 | provided that the court in allowing a claim may add to | ||||||
15 | the amount
allowed
the filing fee paid by the claimant.
| ||||||
16 | (C) For filing in an estate a claim, petition, or | ||||||
17 | supplemental
proceeding based upon an action seeking | ||||||
18 | equitable relief including the
construction or contest | ||||||
19 | of a will, enforcement of a contract to make a
will, | ||||||
20 | and proceedings involving testamentary trusts or the | ||||||
21 | appointment of
testamentary trustees, a minimum of $40 | ||||||
22 | and a maximum of $60.
| ||||||
23 | (D) For filing in an estate (i) the appearance of | ||||||
24 | any person for the
purpose of consent or (ii) the | ||||||
25 | appearance of an executor, administrator,
| ||||||
26 | administrator to collect, guardian, guardian ad litem, |
| |||||||
| |||||||
1 | or special
administrator, no fee.
| ||||||
2 | (E) Except as provided in subsection (v)(3)(D), | ||||||
3 | for filing the
appearance of any person or persons, a | ||||||
4 | minimum of $10 and a maximum of
$30.
| ||||||
5 | (F) For each jury demand, a minimum of $102.50 and | ||||||
6 | a maximum of
$137.50.
| ||||||
7 | (G) For disposition of the collection of a judgment | ||||||
8 | or settlement of
an action or claim for wrongful death | ||||||
9 | of a decedent or of any cause of
action of a ward, when | ||||||
10 | there is no other administration
of the estate, a | ||||||
11 | minimum of $30 and a maximum of $50, less any amount
| ||||||
12 | paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
13 | that if the amount involved does not exceed
$5,000, the | ||||||
14 | fee, including any amount paid under subsection | ||||||
15 | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | ||||||
16 | maximum of $20.
| ||||||
17 | (H) For each certified copy of letters of office, | ||||||
18 | of court order or
other certification, a minimum of $1 | ||||||
19 | and a maximum of $2, plus a
minimum of 50¢ and a | ||||||
20 | maximum of $1 per page in excess of 3 pages for the
| ||||||
21 | document certified.
| ||||||
22 | (I) For each exemplification, a minimum of $1 and a | ||||||
23 | maximum of
$2, plus the fee for certification.
| ||||||
24 | (4) The executor, administrator, guardian, petitioner,
| ||||||
25 | or other interested person or his or her attorney shall pay | ||||||
26 | the cost of
publication by the clerk directly to the |
| |||||||
| |||||||
1 | newspaper.
| ||||||
2 | (5) The person on whose behalf a charge is incurred for | ||||||
3 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
4 | fee shall pay the same
directly to the person entitled | ||||||
5 | thereto.
| ||||||
6 | (6) The executor, administrator, guardian, petitioner,
| ||||||
7 | or other interested person or his attorney shall pay to the | ||||||
8 | clerk all
postage charges incurred by the clerk in mailing | ||||||
9 | petitions, orders,
notices, or other documents pursuant to | ||||||
10 | the provisions of the Probate Act
of 1975.
| ||||||
11 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
12 | (1) The clerk shall be entitled to costs in all | ||||||
13 | criminal
and quasi-criminal cases from each person | ||||||
14 | convicted or sentenced to
supervision therein as follows:
| ||||||
15 | (A) Felony complaints, a minimum of $80 and a | ||||||
16 | maximum of $125.
| ||||||
17 | (B) Misdemeanor complaints, a minimum of $50 and a | ||||||
18 | maximum of
$75.
| ||||||
19 | (C) Business offense complaints, a minimum of $50 | ||||||
20 | and a maximum of
$75.
| ||||||
21 | (D) Petty offense complaints, a minimum of $50 and | ||||||
22 | a maximum of
$75.
| ||||||
23 | (E) Minor traffic or ordinance violations, $20.
| ||||||
24 | (F) When court appearance required, $30.
| ||||||
25 | (G) Motions to vacate or amend final orders, a | ||||||
26 | minimum of $20 and
a maximum of $40.
|
| |||||||
| |||||||
1 | (H) Motions to vacate bond forfeiture orders, a | ||||||
2 | minimum of $20 and
a maximum of $30.
| ||||||
3 | (I) Motions to vacate ex parte judgments, whenever | ||||||
4 | filed, a minimum
of $20 and a maximum of $30.
| ||||||
5 | (J) Motions to vacate judgment on forfeitures, | ||||||
6 | whenever filed, a
minimum of $20 and a maximum of $25.
| ||||||
7 | (K) Motions to vacate "failure to appear" or | ||||||
8 | "failure to comply"
notices sent to the Secretary of | ||||||
9 | State, a minimum of $20 and a maximum of
$40.
| ||||||
10 | (2) In counties having a population of more than | ||||||
11 | 500,000
but fewer
than 3,000,000 inhabitants, when the | ||||||
12 | violation complaint is issued by a
municipal police | ||||||
13 | department, the clerk shall be entitled to costs from each
| ||||||
14 | person convicted therein as follows:
| ||||||
15 | (A) Minor traffic or ordinance violations, $10.
| ||||||
16 | (B) When court appearance required, $15.
| ||||||
17 | (3) In ordinance violation cases punishable by fine | ||||||
18 | only, the clerk
of the circuit court shall be entitled to | ||||||
19 | receive, unless the fee is
excused upon a finding by the | ||||||
20 | court that the defendant is indigent, in
addition to other | ||||||
21 | fees or costs allowed or imposed by law, the sum of a
| ||||||
22 | minimum of $50 and a maximum of $112.50
as a fee for the | ||||||
23 | services of a jury. The jury fee shall be paid by the
| ||||||
24 | defendant at the time of filing his or her jury demand. If | ||||||
25 | the fee is not
so paid by the defendant, no jury shall be | ||||||
26 | called, and the case shall be
tried by the court without a |
| |||||||
| |||||||
1 | jury.
| ||||||
2 | (x) Transcripts of Judgment.
| ||||||
3 | For the filing of a transcript of judgment, the clerk | ||||||
4 | shall be entitled
to the same fee as if it were the | ||||||
5 | commencement of new suit.
| ||||||
6 | (y) Change of Venue.
| ||||||
7 | (1) For the filing of a change of case on a change of | ||||||
8 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
9 | were the commencement of a new suit.
| ||||||
10 | (2) The fee for the preparation and certification of a | ||||||
11 | record on a
change of venue to another jurisdiction, when | ||||||
12 | original documents are
forwarded, a minimum of $25 and a | ||||||
13 | maximum of $40.
| ||||||
14 | (z) Tax objection complaints.
| ||||||
15 | For each tax objection complaint containing one or more | ||||||
16 | tax
objections, regardless of the number of parcels | ||||||
17 | involved
or the number of taxpayers joining in the | ||||||
18 | complaint, a minimum of $25
and a maximum of $50.
| ||||||
19 | (aa) Tax Deeds.
| ||||||
20 | (1) Petition for tax deed, if only one parcel is | ||||||
21 | involved, a minimum
of $150 and a maximum of $250.
| ||||||
22 | (2) For each additional parcel, add a fee of a minimum | ||||||
23 | of $50 and a
maximum of $100.
| ||||||
24 | (bb) Collections.
| ||||||
25 | (1) For all collections made of others, except the | ||||||
26 | State and county
and except in maintenance or child support |
| |||||||
| |||||||
1 | cases, a sum equal to a minimum
of 2.5% and a maximum of | ||||||
2 | 3.0% of the amount collected and turned over.
| ||||||
3 | (2) Interest earned on any funds held by the clerk | ||||||
4 | shall be turned
over to the county general fund as an | ||||||
5 | earning of the office.
| ||||||
6 | (3) For any check, draft, or other bank instrument | ||||||
7 | returned to the clerk
for non-sufficient funds, account | ||||||
8 | closed, or payment stopped, $25.
| ||||||
9 | (4) In child support and maintenance cases, the clerk, | ||||||
10 | if authorized by an
ordinance of the county board, may | ||||||
11 | collect an annual fee of up to $36 from
the person making | ||||||
12 | payment for maintaining child support records and the
| ||||||
13 | processing of support orders to the State of Illinois KIDS | ||||||
14 | system and the
recording of payments issued by the State | ||||||
15 | Disbursement Unit for the official
record of the Court.
| ||||||
16 | This fee shall be in addition
to and separate from amounts | ||||||
17 | ordered to be paid as maintenance or child
support and | ||||||
18 | shall be deposited into a Separate Maintenance and Child | ||||||
19 | Support
Collection Fund, of which the clerk shall be the | ||||||
20 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
21 | child support orders and record all payments
issued by the | ||||||
22 | State Disbursement Unit for the official record of the | ||||||
23 | Court.
The clerk may recover from the person making the | ||||||
24 | maintenance or child support
payment any additional cost | ||||||
25 | incurred in the collection of this annual
fee.
| ||||||
26 | The clerk shall also be entitled to a fee of $5 for |
| |||||||
| |||||||
1 | certifications made
to the Secretary of State as provided | ||||||
2 | in Section 7-703 of the Family Financial
Responsibility Law | ||||||
3 | and these fees shall also be deposited into the Separate
| ||||||
4 | Maintenance and Child Support Collection Fund.
| ||||||
5 | (cc) Corrections of Numbers.
| ||||||
6 | For correction of the case number, case title, or | ||||||
7 | attorney computer
identification number, if required by | ||||||
8 | rule of court, on any document filed
in the clerk's office, | ||||||
9 | to be charged against the party that filed the
document, a | ||||||
10 | minimum of $15 and a maximum of $25.
| ||||||
11 | (dd) Exceptions.
| ||||||
12 | The fee requirements of this Section shall not apply to | ||||||
13 | police
departments or other law enforcement agencies. In | ||||||
14 | this Section, "law
enforcement agency" means an agency of | ||||||
15 | the State or a unit of local
government which is vested by | ||||||
16 | law or ordinance with the duty to maintain
public order and | ||||||
17 | to enforce criminal laws or ordinances. "Law enforcement
| ||||||
18 | agency" also means the Attorney General or any state's | ||||||
19 | attorney.
The fee requirements of this Section shall not | ||||||
20 | apply to any action instituted
under subsection (b) of | ||||||
21 | Section 11-31-1 of the Illinois Municipal Code by a
private | ||||||
22 | owner or tenant of real property within 1200 feet of a | ||||||
23 | dangerous or
unsafe building seeking an order compelling | ||||||
24 | the owner or owners of the building
to take any of the | ||||||
25 | actions authorized under that subsection.
| ||||||
26 | The fee requirements of this Section shall not apply to |
| |||||||
| |||||||
1 | the filing of any
commitment petition or petition for an | ||||||
2 | order authorizing the administration of psychotropic | ||||||
3 | medication or electroconvulsive therapy under the Mental | ||||||
4 | Health and
Developmental Disabilities Code.
| ||||||
5 | (ee) Adoptions.
| ||||||
6 | (1) For an adoption ...............................$65
| ||||||
7 | (2) Upon good cause shown, the court may waive the | ||||||
8 | adoption filing fee in
a special needs adoption. The term | ||||||
9 | "special needs adoption" shall have the
meaning ascribed to | ||||||
10 | it by the Illinois Department of Children and Family
| ||||||
11 | Services.
| ||||||
12 | (ff) Adoption exemptions.
| ||||||
13 | No fee other than that set forth in subsection (ee) | ||||||
14 | shall be charged to any
person in connection with an | ||||||
15 | adoption proceeding
nor may any fee be charged
for | ||||||
16 | proceedings for the
appointment of a confidential | ||||||
17 | intermediary under the Adoption Act.
| ||||||
18 | (gg) Unpaid fees.
| ||||||
19 | Unless a court ordered payment schedule is implemented | ||||||
20 | or the fee
requirements of this Section are waived pursuant | ||||||
21 | to court order, the clerk of
the court may add to any | ||||||
22 | unpaid fees and costs under this Section a delinquency
| ||||||
23 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
24 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
25 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
26 | unpaid after 90 days. Notice to those parties may be made |
| |||||||
| |||||||
1 | by
signage posting or publication. The additional | ||||||
2 | delinquency amounts collected under this Section shall
be | ||||||
3 | used to defray additional administrative costs incurred by | ||||||
4 | the clerk of the
circuit court in collecting unpaid fees | ||||||
5 | and costs.
| ||||||
6 | (Source: P.A. 99-859, eff. 8-19-16.)
| ||||||
7 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
8 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
9 | all
counties having a population of 3,000,000 or more | ||||||
10 | inhabitants in the
instances described in this Section shall be | ||||||
11 | as provided in this
Section. In those instances where a minimum | ||||||
12 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
13 | charge the minimum fee listed
and may charge up to the maximum | ||||||
14 | fee if the county board has by resolution
increased the fee. | ||||||
15 | The fees shall be paid in advance and shall be as follows:
| ||||||
16 | (a) Civil Cases.
| ||||||
17 | With the following exceptions, the fee for filing a | ||||||
18 | complaint, petition, or other pleading
initiating a civil | ||||||
19 | action shall be a minimum
of $190 and shall be a maximum of | ||||||
20 | $240 through December 31, 2021 and a maximum of $234 on and | ||||||
21 | after January 1, 2022.
| ||||||
22 | (A) When the amount of money or damages or the | ||||||
23 | value of personal
property claimed does not exceed | ||||||
24 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
25 | (B) When that amount exceeds $250 but does not |
| |||||||
| |||||||
1 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
2 | (C) When that amount exceeds $1000 but does not | ||||||
3 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
4 | (D) When that amount exceeds $2500 but does not | ||||||
5 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
6 | (E) When that amount exceeds $5000 but does not | ||||||
7 | exceed $15,000, $150.
| ||||||
8 | (F) For the exercise of eminent domain, $150. For | ||||||
9 | each additional
lot or tract of land or right or | ||||||
10 | interest therein subject to be condemned,
the damages | ||||||
11 | in respect to which shall require separate assessment | ||||||
12 | by a jury,
$150.
| ||||||
13 | (G) For the final determination of parking, | ||||||
14 | standing, and compliance
violations and final | ||||||
15 | administrative decisions issued after hearings | ||||||
16 | regarding
vehicle immobilization and impoundment made | ||||||
17 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
18 | the Illinois Vehicle Code, $25.
| ||||||
19 | (H) No fees shall be charged by the clerk to a | ||||||
20 | petitioner in any
order
of
protection including, but | ||||||
21 | not limited to, filing, modifying, withdrawing,
| ||||||
22 | certifying, or
photocopying petitions for orders of | ||||||
23 | protection, or for issuing alias summons,
or for any
| ||||||
24 | related filing service, certifying, modifying, | ||||||
25 | vacating, or
photocopying any
orders of protection.
| ||||||
26 | (b) Eviction Forcible Entry and Detainer .
|
| |||||||
| |||||||
1 | In each eviction forcible entry and detainer case when | ||||||
2 | the plaintiff seeks eviction
possession only or unites with | ||||||
3 | his or her claim for eviction possession of the property
a | ||||||
4 | claim for rent or damages or both in the amount of $15,000 | ||||||
5 | or less, a
minimum of $75 and a maximum of $140.
When the | ||||||
6 | plaintiff unites his or her claim for eviction possession | ||||||
7 | with a claim for
rent or damages or both exceeding $15,000, | ||||||
8 | a minimum of $225 and a
maximum of
$335.
| ||||||
9 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
10 | When any defendant files a counterclaim as part of his | ||||||
11 | or her answer or
otherwise or joins another party as a | ||||||
12 | third party defendant, or both, the
defendant shall pay a | ||||||
13 | fee for each counterclaim or third party action in an
| ||||||
14 | amount equal to the fee he or she would have had to pay had | ||||||
15 | he or she
brought a separate action for the relief sought | ||||||
16 | in the counterclaim or
against the third party defendant, | ||||||
17 | less the amount of the appearance fee,
if that has been | ||||||
18 | paid.
| ||||||
19 | (d) Confession of Judgment.
| ||||||
20 | In a confession of judgment when the amount does not | ||||||
21 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
22 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
23 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
24 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
25 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
26 | $15,000, a minimum of $250 and a maximum of $310.
|
| |||||||
| |||||||
1 | (e) Appearance.
| ||||||
2 | The fee for filing an appearance in each civil case | ||||||
3 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
4 | follows:
| ||||||
5 | (A) When the plaintiff in an eviction a forcible | ||||||
6 | entry and detainer case seeks
possession only, a | ||||||
7 | minimum of $40 and a maximum of $80.
| ||||||
8 | (B) When the amount in the case does not exceed | ||||||
9 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
10 | (C) When that amount exceeds $1500 but does not | ||||||
11 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
12 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
13 | In garnishment affidavit, wage deduction affidavit, | ||||||
14 | and citation
petition when the amount does not exceed | ||||||
15 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
16 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
17 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
18 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
19 | (g) Petition to Vacate
or Modify.
| ||||||
20 | (1) Petition to vacate
or modify any final judgment or | ||||||
21 | order of court,
except in eviction forcible entry and | ||||||
22 | detainer cases and small claims cases or a
petition to | ||||||
23 | reopen an estate, to modify, terminate, or enforce a
| ||||||
24 | judgment or order for child or spousal support, or to | ||||||
25 | modify, suspend, or
terminate an order for withholding, if | ||||||
26 | filed before 30 days after the entry
of the judgment or |
| |||||||
| |||||||
1 | order, a minimum of $50 and a maximum of $60.
| ||||||
2 | (2) Petition to vacate
or modify any final judgment
or | ||||||
3 | order of court, except a petition to modify, terminate, or | ||||||
4 | enforce a
judgment or order for child or spousal support or | ||||||
5 | to modify, suspend, or
terminate an order for withholding, | ||||||
6 | if filed later than 30 days
after the entry of the judgment | ||||||
7 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
8 | (3) Petition to vacate order of bond forfeiture, a | ||||||
9 | minimum of $40
and a
maximum of $80.
| ||||||
10 | (h) Mailing.
| ||||||
11 | When the clerk is required to mail, the fee will be a | ||||||
12 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
13 | postage.
| ||||||
14 | (i) Certified Copies.
| ||||||
15 | Each certified copy of a judgment after the first, | ||||||
16 | except in small
claims and eviction forcible entry and | ||||||
17 | detainer cases, a minimum of $15 and a
maximum
of $20.
| ||||||
18 | (j) Habeas Corpus.
| ||||||
19 | For filing a petition for relief by habeas corpus, a | ||||||
20 | minimum of $125
and
a maximum of $190.
| ||||||
21 | (k) Certification, Authentication, and Reproduction.
| ||||||
22 | (1) Each certification or authentication for taking | ||||||
23 | the acknowledgment
of a deed or other instrument in writing | ||||||
24 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
25 | $9.
| ||||||
26 | (2) Court appeals when original documents are |
| |||||||
| |||||||
1 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
2 | minimum of $75 and a maximum of $110.
| ||||||
3 | (3) Court appeals when original documents are | ||||||
4 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
5 | minimum of $150 and a maximum of $185.
| ||||||
6 | (4) Court appeals when original documents are | ||||||
7 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
8 | of 25 and a maximum of 30 cents
per
page.
| ||||||
9 | (5) For reproduction of any document contained in the | ||||||
10 | clerk's files:
| ||||||
11 | (A) First page, $2.
| ||||||
12 | (B) Next 19 pages, 50 cents per page.
| ||||||
13 | (C) All remaining pages, 25 cents per page.
| ||||||
14 | (l) Remands.
| ||||||
15 | In any cases remanded to the Circuit Court from the | ||||||
16 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
17 | clerk shall file the
remanding order and reinstate the case | ||||||
18 | with either its original number or a new
number. The Clerk
| ||||||
19 | shall not charge any new or additional fee for the | ||||||
20 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
21 | the parties of the reinstatement. A
party shall have the | ||||||
22 | same right to a jury trial on remand and reinstatement
as | ||||||
23 | he or she had before the appeal, and no additional or new | ||||||
24 | fee or charge
shall be made for a jury trial after remand.
| ||||||
25 | (m) Record Search.
| ||||||
26 | For each record search, within a division or municipal |
| |||||||
| |||||||
1 | district, the
clerk shall be entitled to a search fee of a | ||||||
2 | minimum of $6 and a maximum
of
$9 for each year
searched.
| ||||||
3 | (n) Hard Copy.
| ||||||
4 | For each page of hard copy print output, when case | ||||||
5 | records are
maintained on an automated medium, the clerk | ||||||
6 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
7 | of $9.
| ||||||
8 | (o) Index Inquiry and Other Records.
| ||||||
9 | No fee shall be charged for a single | ||||||
10 | plaintiff/defendant index inquiry
or single case record | ||||||
11 | inquiry when this request is made in person and the
records | ||||||
12 | are maintained in a current automated medium, and when no | ||||||
13 | hard copy
print output is requested. The fees to be charged | ||||||
14 | for management records,
multiple case records, and | ||||||
15 | multiple journal records may be specified by the
Chief | ||||||
16 | Judge pursuant to the guidelines for access and | ||||||
17 | dissemination of
information approved by the Supreme | ||||||
18 | Court.
| ||||||
19 | (p) (Blank).
| ||||||
20 | (q) Alias Summons.
| ||||||
21 | For each alias summons or citation issued by the clerk, | ||||||
22 | a minimum of $5
and a maximum of $6.
| ||||||
23 | (r) Other Fees.
| ||||||
24 | Any fees not covered in this Section shall be set by | ||||||
25 | rule or
administrative order of the Circuit Court with the | ||||||
26 | approval of the
Administrative Office of the Illinois |
| |||||||
| |||||||
1 | Courts.
| ||||||
2 | The clerk of the circuit court may provide additional | ||||||
3 | services for
which there is no fee specified by statute in | ||||||
4 | connection with the operation
of the clerk's office as may | ||||||
5 | be requested by the public and agreed to by
the clerk and | ||||||
6 | approved by the chief judge of the circuit court. Any
| ||||||
7 | charges for additional services shall be as agreed to
| ||||||
8 | between the clerk and the party making the request and | ||||||
9 | approved by the
chief judge of the circuit court. Nothing | ||||||
10 | in this
subsection shall be construed to require any clerk | ||||||
11 | to provide any service
not otherwise required by law.
| ||||||
12 | (s) Jury Services.
| ||||||
13 | The clerk shall be entitled to receive, in
addition to | ||||||
14 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
15 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
16 | every civil action not quasi-criminal in its
nature and not | ||||||
17 | a proceeding for the exercise of the right of eminent
| ||||||
18 | domain and in every other action wherein the right of trial | ||||||
19 | by jury
is or may be given by law. The jury fee shall be | ||||||
20 | paid by the party
demanding a jury at the time of filing | ||||||
21 | the jury demand. If the fee is
not paid by either party, no | ||||||
22 | jury shall be called in the action or
proceeding, and the | ||||||
23 | same shall be tried by the court without a jury.
| ||||||
24 | (t) Voluntary Assignment.
| ||||||
25 | For filing each deed of voluntary assignment, a minimum | ||||||
26 | of $20 and a
maximum of $40; for
recording
the same, a |
| |||||||
| |||||||
1 | minimum of 50¢ and a maximum of $0.80 for each 100 words.
| ||||||
2 | Exceptions filed to claims
presented
to an assignee of a | ||||||
3 | debtor who has made a voluntary assignment for the
benefit | ||||||
4 | of creditors shall be considered and treated, for the | ||||||
5 | purpose of
taxing costs therein, as actions in which the | ||||||
6 | party or parties filing
the exceptions shall be considered | ||||||
7 | as party or parties plaintiff, and
the claimant or | ||||||
8 | claimants as party or parties defendant, and those
parties | ||||||
9 | respectively shall pay to the clerk the same fees
as | ||||||
10 | provided by this Section to be paid in other actions.
| ||||||
11 | (u) Expungement Petition.
| ||||||
12 | The clerk shall be entitled to receive a fee of a | ||||||
13 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
14 | petition filed and an additional fee of a minimum of $4 and | ||||||
15 | a
maximum of $8 for each
certified
copy of an order to | ||||||
16 | expunge arrest records.
| ||||||
17 | (v) Probate.
| ||||||
18 | The clerk is entitled to receive the fees
specified in | ||||||
19 | this subsection (v), which shall be paid in advance,
except | ||||||
20 | that, for good cause shown, the court may suspend, reduce, | ||||||
21 | or
release the costs payable under this subsection:
| ||||||
22 | (1) For administration of the estate of a decedent | ||||||
23 | (whether testate
or intestate) or of a missing person, a | ||||||
24 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
25 | specified in
subsection (v)(3), except:
| ||||||
26 | (A) When the value of the real and personal |
| |||||||
| |||||||
1 | property does not exceed
$15,000, the fee shall be a | ||||||
2 | minimum of $40 and a maximum of $65.
| ||||||
3 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
4 | a domestic or
foreign will is admitted to probate | ||||||
5 | without administration (including
proof of heirship), | ||||||
6 | or (iii) letters of office are issued for a particular
| ||||||
7 | purpose without administration of the estate, the fee | ||||||
8 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
9 | (2) For administration of the estate of a ward, a | ||||||
10 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
11 | specified in subsection (v)(3), except:
| ||||||
12 | (A) When the value of the real and personal | ||||||
13 | property does not exceed
$15,000, the fee shall be a | ||||||
14 | minimum of $40 and a maximum of $65.
| ||||||
15 | (B) When (i) letters of office are issued to a | ||||||
16 | guardian of the person
or persons,
but not of the | ||||||
17 | estate or (ii) letters of office are issued in the | ||||||
18 | estate of
a ward without administration of the estate, | ||||||
19 | including filing or joining in
the filing of a tax | ||||||
20 | return or releasing a mortgage or consenting to the
| ||||||
21 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
22 | and a maximum of
$40.
| ||||||
23 | (3) In addition to the fees payable under subsection | ||||||
24 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
25 | payable:
| ||||||
26 | (A) For each account (other than one final account) |
| |||||||
| |||||||
1 | filed in the
estate of a decedent, or ward, a minimum | ||||||
2 | of $25 and a maximum of $40.
| ||||||
3 | (B) For filing a claim in an estate when the amount | ||||||
4 | claimed is $150
or more but less than $500, a minimum | ||||||
5 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
6 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
7 | and a maximum of $65; when
the
amount claimed is | ||||||
8 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
9 | provided that the court in
allowing
a claim may add to | ||||||
10 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
11 | (C) For filing in an estate a claim, petition, or | ||||||
12 | supplemental
proceeding based upon an action seeking | ||||||
13 | equitable relief including the
construction or contest | ||||||
14 | of a will, enforcement of a contract to make a
will, | ||||||
15 | and proceedings involving testamentary trusts or the | ||||||
16 | appointment of
testamentary trustees, a minimum of $60 | ||||||
17 | and a maximum of $90.
| ||||||
18 | (D) For filing in an estate (i) the appearance of | ||||||
19 | any person for the
purpose of consent or (ii) the | ||||||
20 | appearance of an executor, administrator,
| ||||||
21 | administrator to collect, guardian, guardian ad litem, | ||||||
22 | or special
administrator, no fee.
| ||||||
23 | (E) Except as provided in subsection (v)(3)(D), | ||||||
24 | for filing the
appearance of any person or persons, a | ||||||
25 | minimum of $30 and a maximum of
$90.
| ||||||
26 | (F) For each jury demand, a minimum of $137.50 and |
| |||||||
| |||||||
1 | a maximum of
$180.
| ||||||
2 | (G) For disposition of the collection of a judgment | ||||||
3 | or settlement of
an action or claim for wrongful death | ||||||
4 | of a decedent or of any cause of
action of a ward, when | ||||||
5 | there is no other administration
of the estate, a | ||||||
6 | minimum of $50 and a maximum of $80, less any amount
| ||||||
7 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
8 | that if the amount involved does not exceed
$5,000, the | ||||||
9 | fee, including any amount paid under subsection
| ||||||
10 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
11 | maximum of $40.
| ||||||
12 | (H) For each certified copy of letters of office, | ||||||
13 | of court order or
other certification, a minimum of $2 | ||||||
14 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
15 | pages for the document certified.
| ||||||
16 | (I) For each exemplification, $2, plus the fee for | ||||||
17 | certification.
| ||||||
18 | (4) The executor, administrator, guardian, petitioner,
| ||||||
19 | or other interested person or his or her attorney shall pay | ||||||
20 | the cost of
publication by the clerk directly to the | ||||||
21 | newspaper.
| ||||||
22 | (5) The person on whose behalf a charge is incurred for | ||||||
23 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
24 | fee shall pay the same
directly to the person entitled | ||||||
25 | thereto.
| ||||||
26 | (6) The executor, administrator, guardian, petitioner, |
| |||||||
| |||||||
1 | or other
interested person or his or her attorney shall pay | ||||||
2 | to the clerk all postage
charges incurred by the clerk in | ||||||
3 | mailing petitions, orders, notices, or
other documents | ||||||
4 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
5 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
6 | (1) The clerk shall be entitled to costs in all | ||||||
7 | criminal
and quasi-criminal cases from each person | ||||||
8 | convicted or sentenced to
supervision therein as follows:
| ||||||
9 | (A) Felony complaints, a minimum of $125 and a | ||||||
10 | maximum of $190.
| ||||||
11 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
12 | maximum of
$110.
| ||||||
13 | (C) Business offense complaints, a minimum of $75 | ||||||
14 | and a maximum of
$110.
| ||||||
15 | (D) Petty offense complaints, a minimum of $75 and | ||||||
16 | a maximum of
$110.
| ||||||
17 | (E) Minor traffic or ordinance violations, $30.
| ||||||
18 | (F) When court appearance required, $50.
| ||||||
19 | (G) Motions to vacate or amend final orders, a | ||||||
20 | minimum of $40 and
a
maximum of $80.
| ||||||
21 | (H) Motions to vacate bond forfeiture orders, a | ||||||
22 | minimum of $30 and
a
maximum of $45.
| ||||||
23 | (I) Motions to vacate ex parte judgments, whenever | ||||||
24 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
25 | (J) Motions to vacate judgment on forfeitures, | ||||||
26 | whenever filed, a
minimum of $25 and a maximum of $30.
|
| |||||||
| |||||||
1 | (K) Motions to vacate "failure to appear" or | ||||||
2 | "failure to comply"
notices sent to the Secretary of | ||||||
3 | State, a minimum of $40 and a maximum of
$50.
| ||||||
4 | (2) In counties having a population of 3,000,000 or | ||||||
5 | more,
when the violation complaint is issued by a municipal
| ||||||
6 | police department, the clerk shall be entitled to costs | ||||||
7 | from each person
convicted therein as follows:
| ||||||
8 | (A) Minor traffic or ordinance violations, $30.
| ||||||
9 | (B) When court appearance required, $50.
| ||||||
10 | (3) In ordinance violation cases punishable by fine | ||||||
11 | only, the clerk
of the circuit court shall be entitled to | ||||||
12 | receive, unless the fee is
excused upon a finding by the | ||||||
13 | court that the defendant is indigent, in
addition to other | ||||||
14 | fees or costs allowed or imposed by law, the sum of a
| ||||||
15 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
16 | services of a jury. The jury fee shall be paid by the
| ||||||
17 | defendant at the time of filing his or her jury demand. If | ||||||
18 | the fee is not
so paid by the defendant, no jury shall be | ||||||
19 | called, and the case shall be
tried by the court without a | ||||||
20 | jury.
| ||||||
21 | (x) Transcripts of Judgment.
| ||||||
22 | For the filing of a transcript of judgment, the clerk | ||||||
23 | shall be entitled
to the same fee as if it were the | ||||||
24 | commencement of a new suit.
| ||||||
25 | (y) Change of Venue.
| ||||||
26 | (1) For the filing of a change of case on a change of |
| |||||||
| |||||||
1 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
2 | were the commencement of a new suit.
| ||||||
3 | (2) The fee for the preparation and certification of a | ||||||
4 | record on a
change of venue to another jurisdiction, when | ||||||
5 | original documents are
forwarded, a minimum of $40 and a | ||||||
6 | maximum of $65.
| ||||||
7 | (z) Tax objection complaints.
| ||||||
8 | For each tax objection complaint containing one or more | ||||||
9 | tax
objections, regardless of the number of parcels | ||||||
10 | involved or the number of
taxpayers joining in the | ||||||
11 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
12 | (aa) Tax Deeds.
| ||||||
13 | (1) Petition for tax deed, if only one parcel is | ||||||
14 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
15 | (2) For each additional parcel, add a fee of a minimum | ||||||
16 | of $100 and a
maximum of $200.
| ||||||
17 | (bb) Collections.
| ||||||
18 | (1) For all collections made of others, except the | ||||||
19 | State and county
and except in maintenance or child support | ||||||
20 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
21 | turned over.
| ||||||
22 | (2) Interest earned on any funds held by the clerk | ||||||
23 | shall be turned
over to the county general fund as an | ||||||
24 | earning of the office.
| ||||||
25 | (3) For any check, draft, or other bank instrument | ||||||
26 | returned to the
clerk for non-sufficient funds, account |
| |||||||
| |||||||
1 | closed, or payment stopped, $25.
| ||||||
2 | (4) In child support and maintenance cases, the clerk, | ||||||
3 | if authorized by an
ordinance of the county board, may | ||||||
4 | collect an annual fee of up to $36 from
the person making | ||||||
5 | payment for maintaining child support records and the
| ||||||
6 | processing of support orders to the State of Illinois KIDS | ||||||
7 | system and the
recording of payments issued by the State | ||||||
8 | Disbursement Unit for the official
record of the Court. | ||||||
9 | This fee shall be in addition
to and separate from amounts | ||||||
10 | ordered to be paid as maintenance or child
support and | ||||||
11 | shall be deposited into a Separate Maintenance and Child | ||||||
12 | Support
Collection Fund, of which the clerk shall be the | ||||||
13 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
14 | child support orders and record all payments
issued by the | ||||||
15 | State Disbursement Unit for the official record of the | ||||||
16 | Court.
The clerk may recover from the person making the | ||||||
17 | maintenance or child
support payment any additional cost | ||||||
18 | incurred in the collection of this annual
fee.
| ||||||
19 | The clerk shall also be entitled to a fee of $5 for | ||||||
20 | certifications made
to the Secretary of State as provided | ||||||
21 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
22 | and these fees shall also be deposited into the
Separate | ||||||
23 | Maintenance and Child Support Collection Fund.
| ||||||
24 | (cc) Corrections of Numbers.
| ||||||
25 | For correction of the case number, case title, or | ||||||
26 | attorney computer
identification number, if required by |
| |||||||
| |||||||
1 | rule of court, on any document filed
in the clerk's office, | ||||||
2 | to be charged against the party that filed the document,
a | ||||||
3 | minimum of $25 and a maximum of $40.
| ||||||
4 | (dd) Exceptions.
| ||||||
5 | (1) The fee requirements of this Section shall not | ||||||
6 | apply to police
departments or other law enforcement | ||||||
7 | agencies. In this Section, "law
enforcement agency" means | ||||||
8 | an agency of the State or a unit of local
government which | ||||||
9 | is vested by law or ordinance with the duty to maintain
| ||||||
10 | public order and to enforce criminal laws or ordinances. | ||||||
11 | "Law enforcement
agency" also means the Attorney General or | ||||||
12 | any state's attorney.
| ||||||
13 | (2) No fee provided herein shall be charged to any unit | ||||||
14 | of
local government or school district.
The fee | ||||||
15 | requirements of this Section shall not apply to any action | ||||||
16 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
17 | Illinois Municipal Code by a
private owner or tenant of | ||||||
18 | real property within 1200 feet of a dangerous or
unsafe | ||||||
19 | building seeking an order compelling the owner or owners of | ||||||
20 | the building
to take any of the actions authorized under | ||||||
21 | that subsection.
| ||||||
22 | (3) The fee requirements of this Section shall not | ||||||
23 | apply to the filing
of any
commitment petition or petition | ||||||
24 | for an order authorizing the administration of | ||||||
25 | psychotropic medication or electroconvulsive therapy
under | ||||||
26 | the Mental Health and
Developmental Disabilities Code.
|
| |||||||
| |||||||
1 | (ee) Adoption.
| ||||||
2 | (1) For an adoption ...............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee
in a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have
the meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to
any person in connection with an | ||||||
11 | adoption proceeding
nor may any fee be
charged for | ||||||
12 | proceedings for
the appointment of a confidential | ||||||
13 | intermediary under the Adoption Act.
| ||||||
14 | (gg) Unpaid fees.
| ||||||
15 | Unless a court ordered payment schedule is implemented | ||||||
16 | or the fee
requirements of this Section are waived pursuant | ||||||
17 | to court order, the clerk of
the court may add to any | ||||||
18 | unpaid fees and costs under this Section a delinquency
| ||||||
19 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
20 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made | ||||||
23 | by
signage posting or publication. The additional | ||||||
24 | delinquency amounts collected under this Section shall
be | ||||||
25 | used to defray additional administrative costs incurred by | ||||||
26 | the clerk of the
circuit court in collecting unpaid fees |
| |||||||
| |||||||
1 | and costs.
| ||||||
2 | (Source: P.A. 99-859, eff. 8-19-16.)
| ||||||
3 | Section 30. The Code of Civil Procedure is amended by | ||||||
4 | changing the heading of Article IX and by changing Sections | ||||||
5 | 2-202, 2-1501, 8-1208, 9-104.1, 9-104.2, 9-107, 9-107.5, | ||||||
6 | 9-107.10, 9-109.5, 9-109.7, 9-111, 9-111.1, 9-117, 9-118, | ||||||
7 | 9-119, 9-120, 9-121, 9-207, 9-208, 9-209, 12-903, 15-1504.5, | ||||||
8 | 15-1508, 15-1701, and 19-129 as follows:
| ||||||
9 | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| ||||||
10 | Sec. 2-202. Persons authorized to serve process; place of
| ||||||
11 | service; failure to make return. | ||||||
12 | (a) Process shall be served by a
sheriff, or if the sheriff | ||||||
13 | is disqualified, by a coroner of some county of the
State. In | ||||||
14 | matters where the county or State is an interested party, | ||||||
15 | process may be served by a special investigator appointed by | ||||||
16 | the State's Attorney of the county, as defined in Section | ||||||
17 | 3-9005 of the Counties Code. A sheriff of a county with a | ||||||
18 | population of less than 2,000,000
may employ civilian personnel | ||||||
19 | to serve process. In
counties with a population of less than | ||||||
20 | 2,000,000, process may
be served, without special appointment, | ||||||
21 | by a person who is licensed or
registered as a private | ||||||
22 | detective under the Private Detective, Private
Alarm, Private
| ||||||
23 | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a | ||||||
24 | registered
employee of a private detective
agency certified |
| |||||||
| |||||||
1 | under that Act as defined in Section (a-5). A private detective | ||||||
2 | or licensed
employee must supply the sheriff of any county in | ||||||
3 | which he serves process
with a copy of his license or | ||||||
4 | certificate; however, the failure of a person
to supply the | ||||||
5 | copy shall not in any way impair the validity of process
served | ||||||
6 | by the person. The court may, in its discretion upon motion, | ||||||
7 | order
service to be made by a private person over 18 years of | ||||||
8 | age and not a party
to the action.
It is not necessary that | ||||||
9 | service be made by a sheriff or
coroner of the county in which | ||||||
10 | service is made. If served or sought to be
served by a sheriff | ||||||
11 | or coroner, he or she shall endorse his or her return
thereon, | ||||||
12 | and if by a private person the return shall be by affidavit.
| ||||||
13 | (a-5) Upon motion and in its discretion, the court may | ||||||
14 | appoint as a
special process
server a
private detective agency | ||||||
15 | certified under the Private Detective, Private Alarm,
Private
| ||||||
16 | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||||||
17 | the appointment,
any employee of
the
private detective agency | ||||||
18 | who is registered under that Act may serve the
process. The
| ||||||
19 | motion and the order of appointment must contain the number of | ||||||
20 | the certificate
issued to
the private detective agency by the | ||||||
21 | Department of Professional Regulation under
the
Private | ||||||
22 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
23 | Vendor, and Locksmith Act of
2004. A private detective or | ||||||
24 | private detective agency shall send, one time only, a copy of | ||||||
25 | his, her, or its individual private detective license or | ||||||
26 | private detective agency certificate to the county sheriff in |
| |||||||
| |||||||
1 | each county in which the detective or detective agency or his, | ||||||
2 | her, or its employees serve process, regardless of size of the | ||||||
3 | population of the county. As long as the license or certificate | ||||||
4 | is valid and meets the requirements of the Department of | ||||||
5 | Financial and Professional Regulation, a new copy of the | ||||||
6 | current license or certificate need not be sent to the sheriff. | ||||||
7 | A private detective agency shall maintain a list of its | ||||||
8 | registered employees. Registered employees shall consist of: | ||||||
9 | (1) an employee who works for the agency holding a | ||||||
10 | valid Permanent Employee Registration Card;
| ||||||
11 | (2) a person who has applied for a Permanent Employee | ||||||
12 | Registration Card, has had his or her fingerprints | ||||||
13 | processed and cleared by the Department of State Police and | ||||||
14 | the FBI, and as to whom the Department of Financial and | ||||||
15 | Professional Regulation website shows that the person's | ||||||
16 | application for a Permanent Employee Registration Card is | ||||||
17 | pending; | ||||||
18 | (3) a person employed by a private detective agency who | ||||||
19 | is exempt from a Permanent Employee Registration Card | ||||||
20 | requirement because the person is a current peace officer; | ||||||
21 | and | ||||||
22 | (4) a private detective who works for a private | ||||||
23 | detective agency as an employee.
| ||||||
24 | A detective agency shall maintain this list and forward it to | ||||||
25 | any sheriff's department that requests this list within 5 | ||||||
26 | business days after the receipt of the request. |
| |||||||
| |||||||
1 | (b) Summons may be served upon the defendants wherever they | ||||||
2 | may be
found in the State, by any person authorized to serve | ||||||
3 | process. An officer
may serve summons in his or her official | ||||||
4 | capacity outside his or her county,
but fees for mileage | ||||||
5 | outside the county of the officer cannot be taxed
as costs. The | ||||||
6 | person serving the process in a foreign county may make
return | ||||||
7 | by mail.
| ||||||
8 | (c) If any sheriff, coroner, or other person to whom any | ||||||
9 | process is
delivered, neglects or refuses to make return of the | ||||||
10 | same, the plaintiff
may petition the court to enter a rule | ||||||
11 | requiring the sheriff, coroner,
or other person, to make return | ||||||
12 | of the process on a day to be fixed by
the court, or to show | ||||||
13 | cause on that day why that person should not be attached
for | ||||||
14 | contempt of the court. The plaintiff shall then cause a written
| ||||||
15 | notice of the rule to be served on the sheriff, coroner, or | ||||||
16 | other
person. If good and sufficient cause be not shown to | ||||||
17 | excuse the officer
or other person, the court shall adjudge him | ||||||
18 | or her guilty of a contempt, and
shall impose punishment as in | ||||||
19 | other cases of contempt.
| ||||||
20 | (d) If process is served by a sheriff, coroner, or special | ||||||
21 | investigator appointed by the State's Attorney, the court may | ||||||
22 | tax
the fee of the sheriff, coroner, or State's Attorney's | ||||||
23 | special investigator as costs in the proceeding. If process
is | ||||||
24 | served by a private person or entity, the court may establish a | ||||||
25 | fee
therefor and tax such fee as costs in the proceedings.
| ||||||
26 | (e) In addition to the powers stated in Section 8.1a of the |
| |||||||
| |||||||
1 | Housing
Authorities Act, in counties with a population of | ||||||
2 | 3,000,000 or more
inhabitants,
members of a housing authority | ||||||
3 | police force may serve process for eviction forcible
entry and | ||||||
4 | detainer actions commenced by that housing authority and may | ||||||
5 | execute eviction
orders of possession for that housing | ||||||
6 | authority.
| ||||||
7 | (f) In counties with a population of 3,000,000 or more, | ||||||
8 | process may be
served, with special appointment by the court,
| ||||||
9 | by a private process server or
a law enforcement agency other | ||||||
10 | than the county sheriff
in proceedings instituted under the | ||||||
11 | Forcible Entry and Detainer Article IX of this Code as a result | ||||||
12 | of a lessor or
lessor's assignee declaring a lease void | ||||||
13 | pursuant to Section 11 of the
Controlled Substance and Cannabis | ||||||
14 | Nuisance Act.
| ||||||
15 | (Source: P.A. 99-169, eff. 7-28-15.)
| ||||||
16 | (735 ILCS 5/2-1501) (from Ch. 110, par. 2-1501)
| ||||||
17 | Sec. 2-1501. Writs abolished. The function which was, prior | ||||||
18 | to January
1, 1979, performed by a writ of execution to enforce | ||||||
19 | a judgment or order
for the payment of money, or by the writs | ||||||
20 | of mandamus, injunction, prohibition,
sequestration, habeas | ||||||
21 | corpus, replevin, ne exeat or attachment, or by the
writ of | ||||||
22 | possession
in an action of ejectment, or by the writ of | ||||||
23 | restitution in an eviction action of forcible entry and | ||||||
24 | detainer , or by the writ of assistance for the possession
of | ||||||
25 | real estate, or by a temporary restraining order, shall |
| |||||||
| |||||||
1 | hereafter be
performed by a copy of the order or judgment to be | ||||||
2 | enforced, certified by
the clerk of the court which entered the | ||||||
3 | judgment or order.
| ||||||
4 | The clerk's certification shall bear a legend | ||||||
5 | substantially as follows:
| ||||||
6 | I hereby certify the above to be correct.
| ||||||
7 | Dated ..........................
| ||||||
8 | (Seal of Clerk of Circuit Court)
| ||||||
9 | ................................
| ||||||
10 | Clerk of the Circuit Court of .............. Illinois.
| ||||||
11 | This order is the command of the Circuit Court and | ||||||
12 | violation thereof is
subject to the penalty of the law.
| ||||||
13 | (Source: P.A. 83-707.)
| ||||||
14 | (735 ILCS 5/8-1208) (from Ch. 110, par. 8-1208)
| ||||||
15 | Sec. 8-1208. Official certificate - Land office. The | ||||||
16 | official certificate
of any register or receiver of any
land | ||||||
17 | office of the United States, to any fact or matter on record in | ||||||
18 | his or her
office, shall be received in evidence in any court | ||||||
19 | in this State, and
shall be competent to prove the fact so | ||||||
20 | certified. The certificate of
any such register, of the entry | ||||||
21 | or purchase of any tract of land within
his or her district, | ||||||
22 | shall be deemed and taken to be evidence of title in the
party | ||||||
23 | who made such entry or purchase, or his or her legatees, heirs | ||||||
24 | or assigns, and
shall enable such party, his or her legatees, | ||||||
25 | heirs or assigns, to recover
or protect the
possession of the |
| |||||||
| |||||||
1 | land described in such certificate, in any eviction action or | ||||||
2 | action of
ejectment or forcible entry and detainer , unless a | ||||||
3 | better legal and
paramount title be exhibited for the same. The | ||||||
4 | signature of such
register or receiver may be proved by a | ||||||
5 | certificate of the Secretary of
State, under his or her seal, | ||||||
6 | that such signature is genuine.
| ||||||
7 | (Source: P.A. 83-707.)
| ||||||
8 | (735 ILCS 5/Art. IX heading) | ||||||
9 | ARTICLE IX
| ||||||
10 | EVICTION FORCIBLE ENTRY AND DETAINER
| ||||||
11 | (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
| ||||||
12 | Sec. 9-104.1.
Demand; Notice; Return; Condominium and | ||||||
13 | Contract
Purchasers.
| ||||||
14 | (a) In case there is a contract for the purchase of such | ||||||
15 | lands
or tenements or in case of condominium property, the | ||||||
16 | demand shall give the
purchaser under such contract, or to the | ||||||
17 | condominium unit owner, as the
case may be, at least 30 days to | ||||||
18 | satisfy the terms of the demand before an
action is filed. In | ||||||
19 | case of a condominium unit, the demand shall set forth
the | ||||||
20 | amount claimed which must be paid within the time prescribed in | ||||||
21 | the
demand and the time period or periods when the amounts were | ||||||
22 | originally due,
unless the demand is for compliance with | ||||||
23 | Section 18(n) of the Condominium
Property Act, in which case | ||||||
24 | the demand shall set forth the nature of the
lease and |
| |||||||
| |||||||
1 | memorandum of lease or the leasing requirement not satisfied.
| ||||||
2 | The amount claimed shall include regular or special | ||||||
3 | assessments, late
charges or interest for delinquent | ||||||
4 | assessments, and attorneys' fees claimed
for services incurred | ||||||
5 | prior to the demand. Attorneys' fees claimed by
condominium | ||||||
6 | associations in the demand shall be subject to review by the
| ||||||
7 | courts in any eviction forcible entry and detainer proceeding | ||||||
8 | under subsection (b) of Section 9-111
of this Act.
The demand | ||||||
9 | shall be signed by the person claiming such possession, his or
| ||||||
10 | her agent, or attorney.
| ||||||
11 | (b) In the case of a condominium unit, the demand is not | ||||||
12 | invalidated by
partial payment of amounts due if the payments | ||||||
13 | do not, at the end of the
notice period, total the amounts | ||||||
14 | demanded in the notice for common
expenses, unpaid fines, | ||||||
15 | interest, late charges, reasonable attorney fees
incurred | ||||||
16 | prior to the initiation of any court action and costs of
| ||||||
17 | collection. The person claiming possession, or his or her agent | ||||||
18 | or
attorney, may, however, agree in writing to withdraw the | ||||||
19 | demand in exchange
for receiving partial payment. To prevent | ||||||
20 | invalidation, the notice must
prominently state:
| ||||||
21 | "Only FULL PAYMENT of all amounts demanded in this notice | ||||||
22 | will invalidate
the demand, unless the person claiming | ||||||
23 | possession, or his or her agent or
attorney, agrees in writing | ||||||
24 | to withdraw the demand in exchange for
receiving partial | ||||||
25 | payment."
| ||||||
26 | (c) The demand set forth in subsection (a) of this Section |
| |||||||
| |||||||
1 | shall be
served either personally upon such purchaser or | ||||||
2 | condominium unit owner or
by sending the demand thereof by | ||||||
3 | registered or certified mail with return
receipt requested to | ||||||
4 | the last known address of such purchaser or condominium
unit | ||||||
5 | owner or in case no one is in the actual possession of the | ||||||
6 | premises,
then by posting the same on the premises. When such | ||||||
7 | demand is made by an
officer authorized to serve process, his | ||||||
8 | or her return is prima facie
evidence of the facts therein | ||||||
9 | stated and if such demand is made by any
person not an officer, | ||||||
10 | the return may be sworn to by the person serving the
same, and | ||||||
11 | is then prima facie evidence of the facts therein stated.
To be | ||||||
12 | effective service under this Section, a demand sent by | ||||||
13 | certified or
registered mail to the last known address need not | ||||||
14 | be received by the
purchaser or condominium unit owner.
No
| ||||||
15 | other demand shall be required as a prerequisite to filing an | ||||||
16 | action under
paragraph (7) of subsection (a) of Section 9-102 | ||||||
17 | of this Act.
Service of the demand by registered or certified | ||||||
18 | mail shall be deemed
effective upon deposit in the United | ||||||
19 | States mail with proper postage prepaid
and addressed as | ||||||
20 | provided in this subsection.
| ||||||
21 | (Source: P.A. 90-496, eff. 8-18-97.)
| ||||||
22 | (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
| ||||||
23 | Sec. 9-104.2. Condominiums: demand, notice, termination of | ||||||
24 | lease, and eviction Demand - Notice - Termination of Lease and | ||||||
25 | Possession of a
Condominium . |
| |||||||
| |||||||
1 | (a) Unless the Board of Managers is seeking to evict
| ||||||
2 | terminate the right of possession of a tenant or other occupant | ||||||
3 | of a unit
under
an existing lease or other arrangement with the | ||||||
4 | owner
of a unit, no demand nor summons need be served upon the | ||||||
5 | tenant or other
occupant in connection
with an action brought | ||||||
6 | under paragraph (7) of subsection (a) of Section
9-102 of this | ||||||
7 | Article.
| ||||||
8 | (a-5) The Board of Managers may seek to evict terminate
the | ||||||
9 | right of possession of a tenant or other occupant of a unit | ||||||
10 | under an
existing lease or other arrangement between the tenant | ||||||
11 | or other occupant and
the defaulting owner of a unit, either | ||||||
12 | within the same action against the unit
owner under paragraph | ||||||
13 | (7) of subsection (a) of Section 9-102 of this Article or
| ||||||
14 | independently thereafter under other paragraphs of that | ||||||
15 | subsection. If a
tenant or other occupant of a unit is joined | ||||||
16 | within
the same action against the defaulting unit owner under | ||||||
17 | paragraph (7),
only the unit owner and not the tenant or other | ||||||
18 | occupant
need to be served with 30 days prior written notice as
| ||||||
19 | provided in this Article.
The tenant or other occupant may be | ||||||
20 | joined as additional defendants at the
time the suit is filed
| ||||||
21 | or at any time thereafter prior to execution of the eviction | ||||||
22 | order judgment for possession by
filing, with or without prior | ||||||
23 | leave of the court, an amended complaint and
summons for trial. | ||||||
24 | If the complaint alleges that the unit is occupied or may
be | ||||||
25 | occupied by persons other than or in addition to the unit owner | ||||||
26 | of record,
that the identities of the persons are concealed and |
| |||||||
| |||||||
1 | unknown, they may be named
and joined as defendant "Unknown | ||||||
2 | Occupants". Summons may be served on the
defendant "Unknown | ||||||
3 | Occupants" by the sheriff or court appointed process server
by | ||||||
4 | leaving a copy at the unit with any person residing at the unit | ||||||
5 | of the age
of
13 years or greater, and if the summons is | ||||||
6 | returned without service stating
that service cannot be | ||||||
7 | obtained, constructive service may be obtained pursuant
to | ||||||
8 | Section 9-107 of this Code with notice mailed to "Unknown | ||||||
9 | Occupants" at the
address of the unit. If prior to execution of | ||||||
10 | the eviction order judgment for possession the
identity of a | ||||||
11 | defendant or defendants served in this manner is discovered, | ||||||
12 | his
or her name or names
and the record may be corrected upon | ||||||
13 | hearing pursuant to notice of motion
served upon the identified | ||||||
14 | defendant or defendants at the unit in the manner
provided by
| ||||||
15 | court rule for service of notice of motion.
If , however , an | ||||||
16 | action under paragraph (7) was brought
against the defaulting | ||||||
17 | unit owner only, and after obtaining an eviction order judgment | ||||||
18 | for
possession and expiration of the stay on enforcement the | ||||||
19 | Board of Managers
elects not to accept a tenant or occupant in | ||||||
20 | possession as its own and to
commence a separate action, | ||||||
21 | written
notice of the eviction order judgment against the unit | ||||||
22 | owner and demand to quit the premises
shall be served on the | ||||||
23 | tenant or other occupant in the manner provided under
Section | ||||||
24 | 9-211 at
least 10 days prior to bringing suit to evict recover | ||||||
25 | possession from the tenant or
other occupant.
| ||||||
26 | (b) If an eviction order a judgment for possession is |
| |||||||
| |||||||
1 | granted to the Board of Managers under
Section 9-111, any | ||||||
2 | interest of the unit owner to receive rents under any
lease | ||||||
3 | arrangement shall
be deemed assigned to the Board of Managers | ||||||
4 | until such time as the judgment is
vacated.
| ||||||
5 | (c) If an eviction order a judgment for possession is | ||||||
6 | entered, the Board of Managers may
obtain from the clerk of the | ||||||
7 | court an informational certificate notifying any
tenants
not | ||||||
8 | parties to the proceeding of the assignment of the unit owner's | ||||||
9 | interest
in the lease arrangement to the Board of Managers
as a | ||||||
10 | result of the entry of the eviction order judgment for | ||||||
11 | possession and stating that
any rent hereinafter due the unit | ||||||
12 | owner or his agent under the lease
arrangement should be paid | ||||||
13 | to the Board of Managers until further order of
court. If the | ||||||
14 | tenant pays his rent to the association pursuant to the
entry | ||||||
15 | of such an eviction order a judgement for possession , the unit | ||||||
16 | owner may not sue said
tenant for any such amounts the tenant | ||||||
17 | pays the association.
Upon service of the certificate on the | ||||||
18 | tenant in the manner provided by
Section 9-211 of this Code, | ||||||
19 | the tenant shall be obligated to pay the rent under
the lease | ||||||
20 | arrangement to the Board of Managers as it becomes due. If the
| ||||||
21 | tenant thereafter fails and refuses to pay the rent, the Board | ||||||
22 | of Managers may
bring an eviction action for possession after | ||||||
23 | making a demand for rent in accordance
with Section 9-209 of | ||||||
24 | this Code.
| ||||||
25 | (c-5) In an action against the unit owner and lessee to | ||||||
26 | evict a lessee for
failure of the lessor/owner of the |
| |||||||
| |||||||
1 | condominium unit to comply with the leasing
requirements | ||||||
2 | prescribed by subsection (n) of Section 18 of the Condominium
| ||||||
3 | Property Act or by
the declaration, bylaws, and rules and | ||||||
4 | regulations of the condominium, or
against a lessee for any | ||||||
5 | other breach by the lessee of any covenants, rules,
| ||||||
6 | regulations, or bylaws of the condominium, the demand shall | ||||||
7 | give the lessee at
least 10 days to quit and vacate the unit. | ||||||
8 | The notice shall be substantially
in the following form:
| ||||||
9 | "TO A.B. You are hereby notified that in consequence of | ||||||
10 | (here insert
lessor-owner name) failure to comply with the | ||||||
11 | leasing requirements prescribed
by Section 18(n) of the | ||||||
12 | Condominium Property Act or by the declaration, bylaws,
and | ||||||
13 | rules and regulations of the condominium, or your default | ||||||
14 | of any covenants,
rules, regulations or bylaws of the | ||||||
15 | condominium, in (here insert the character
of the default) | ||||||
16 | of the premises now occupied by you, being (here described | ||||||
17 | the
premises) the Board of Managers of (here describe the | ||||||
18 | condominium) Association
elects to terminate your lease, | ||||||
19 | and you are hereby notified to quit and vacate
same within | ||||||
20 | 10 days of this date.".
| ||||||
21 | The demand shall be signed by the Board of Managers, its | ||||||
22 | agent, or attorney
and shall be served either personally upon | ||||||
23 | the lessee with a copy to the unit
owner or by sending the | ||||||
24 | demand thereof by registered or certified mail with
return | ||||||
25 | receipt requested to the unit occupied by the lessee and to the | ||||||
26 | last
known address of the unit owner, and no other demand of |
| |||||||
| |||||||
1 | termination of such
tenancy shall be required. To be effective | ||||||
2 | service under this Section, a
demand sent by certified mail, | ||||||
3 | return receipt requested, to the unit occupied
by the lessee | ||||||
4 | and to the last known address of the unit owner need not be
| ||||||
5 | received by the lessee or condominium unit owner.
| ||||||
6 | (d) Nothing in this Section 9-104.2 is intended to confer | ||||||
7 | upon a Board of
Managers any greater authority with respect to | ||||||
8 | possession of a unit after a
judgment than was previously | ||||||
9 | established by this Act.
| ||||||
10 | (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
| ||||||
11 | (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
| ||||||
12 | Sec. 9-107. Constructive service. If the plaintiff, his or | ||||||
13 | her agent,
or attorney files an eviction a forcible
detainer | ||||||
14 | action, with or without joinder of a claim for rent in the
| ||||||
15 | complaint, and is unable to obtain personal service on the
| ||||||
16 | defendant or unknown occupant and a summons duly issued in such | ||||||
17 | action is returned
without service stating that service can not | ||||||
18 | be obtained, then the
plaintiff, his or her agent or attorney | ||||||
19 | may file an affidavit stating that the
defendant or unknown | ||||||
20 | occupant is not a resident of this State, or has departed from | ||||||
21 | this
State, or on due inquiry cannot be found, or is concealed | ||||||
22 | within this
State so that process cannot be served upon him or | ||||||
23 | her, and also stating the
place of residence of the defendant | ||||||
24 | or unknown occupant, if known, or if
not known, that
upon | ||||||
25 | diligent inquiry the affiant has not been able to ascertain the
|
| |||||||
| |||||||
1 | defendant's or unknown occupant's place of residence, then in | ||||||
2 | all such eviction
forcible detainer cases
whether or not a | ||||||
3 | claim for rent is joined with the complaint for
possession, the | ||||||
4 | defendant or unknown occupant may be notified by posting
and | ||||||
5 | mailing of
notices; or by publication and mailing, as provided | ||||||
6 | for in
Section 2-206 of this Act. However, in cases where the | ||||||
7 | defendant or unknown
occupant is notified by
posting and | ||||||
8 | mailing of notices or by publication and mailing, and the
| ||||||
9 | defendant or unknown occupant does not appear generally, the | ||||||
10 | court may rule
only on the
portion of the complaint which seeks | ||||||
11 | an eviction order judgment for possession , and the
court shall | ||||||
12 | not enter judgment as to any rent claim joined in the
complaint | ||||||
13 | or enter personal judgment for any amount owed by a unit owner
| ||||||
14 | for his or her proportionate share of the common expenses, | ||||||
15 | however, an in
rem judgment may be entered against the unit for | ||||||
16 | the amount of common expenses
due, any other expenses lawfully | ||||||
17 | agreed upon or the amount of any unpaid
fine, together with | ||||||
18 | reasonable attorney fees, if any, and costs. The claim
for rent | ||||||
19 | may remain pending until such time as the
defendant or unknown | ||||||
20 | occupant appears generally or is served with summons, but the | ||||||
21 | eviction order for
possession shall be final, enforceable and | ||||||
22 | appealable if the court makes
an express written finding that | ||||||
23 | there is no just reason for delaying
enforcement or appeal, as | ||||||
24 | provided by Supreme Court rule of this State.
| ||||||
25 | Such notice shall be in the name of the clerk of the court, | ||||||
26 | be
directed to the defendant or unknown occupant, shall state |
| |||||||
| |||||||
1 | the nature of the cause against
the defendant or unknown | ||||||
2 | occupant and at whose instance issued and the time and place | ||||||
3 | for
trial, and shall also state that unless the defendant or | ||||||
4 | unknown occupant appears at the
time and place fixed for trial, | ||||||
5 | judgment will be entered by default, and
shall specify the | ||||||
6 | character
of the judgment that will be entered in such cause. | ||||||
7 | The sheriff shall
post 3 copies of the notice in 3 public | ||||||
8 | places in the neighborhood of
the court where the cause is to | ||||||
9 | be tried, at least 10 days prior to the
day set for the | ||||||
10 | appearance, and, if the place of residence of the
defendant or | ||||||
11 | unknown occupant is stated in any affidavit on file, shall at | ||||||
12 | the
same time
mail one copy of the notice addressed to such | ||||||
13 | defendant or unknown occupant at
such place of
residence shown | ||||||
14 | in such affidavit. On or before the day set for the
appearance, | ||||||
15 | the sheriff shall file the notice with an endorsement thereon
| ||||||
16 | stating the time when and places where the sheriff posted and | ||||||
17 | to whom and
at what address he or she mailed copies as required | ||||||
18 | by this Section. For want
of sufficient notice any cause may be | ||||||
19 | continued from time to time until
the court has jurisdiction of | ||||||
20 | the defendant or unknown occupant.
| ||||||
21 | (Source: P.A. 92-823, eff. 8-21-02.)
| ||||||
22 | (735 ILCS 5/9-107.5)
| ||||||
23 | Sec. 9-107.5. Notice to unknown occupants.
| ||||||
24 | (a) Service of process upon an
unknown
occupant may be had | ||||||
25 | by delivering a copy of the summons and complaint naming
|
| |||||||
| |||||||
1 | "unknown occupants" to the tenant or any unknown occupant or | ||||||
2 | person of the age
of 13
or upwards occupying the premises.
| ||||||
3 | (b) If unknown occupants are not named in the initial
| ||||||
4 | summons
and complaint and an eviction order a judgment for | ||||||
5 | possession in favor of the plaintiff is
entered, but the
order | ||||||
6 | does not include unknown occupants and the sheriff determines
| ||||||
7 | when
executing the eviction order judgment for possession that | ||||||
8 | persons not included in the
order are
in possession of the | ||||||
9 | premises, then the sheriff shall leave with a person of
the age | ||||||
10 | of 13
years or upwards occupying the premises, a copy of the | ||||||
11 | order, or
if no one is present in the premises to accept the | ||||||
12 | order or refuses
to accept
the order, then by posting a copy of | ||||||
13 | the order on the
premises. In
addition to leaving a copy of the | ||||||
14 | order or posting of the
order, the
sheriff shall also
leave or | ||||||
15 | post a notice addressed to "unknown occupants" that states | ||||||
16 | unless any
unknown
occupants file a written petition with the | ||||||
17 | clerk that sets forth the unknown
occupant's
legal claim for | ||||||
18 | possession within 7 days of the date the notice is posted or
| ||||||
19 | left with any
unknown occupant, the unknown occupants shall be | ||||||
20 | evicted from the premises. If
any
unknown occupants file such a | ||||||
21 | petition, a hearing on the merits of the unknown
occupant's
| ||||||
22 | petition shall be held by the court within 7 days of the filing | ||||||
23 | of the petition
with the clerk.
The unknown occupants shall | ||||||
24 | have the burden of proof in establishing a legal
right to
| ||||||
25 | continued possession.
| ||||||
26 | (c) The plaintiff may obtain an eviction order a judgment |
| |||||||
| |||||||
1 | for possession only and not for rent
as
to any
unknown | ||||||
2 | occupants.
| ||||||
3 | (d) Nothing in this Section may be construed so as to vest | ||||||
4 | any rights to
persons
who are criminal trespassers, nor may | ||||||
5 | this Section be construed in any way
that interferes
with the | ||||||
6 | ability of law enforcement officials removing persons or | ||||||
7 | property from
the
premises when there is a criminal trespass.
| ||||||
8 | (Source: P.A. 92-823, eff. 8-21-02.)
| ||||||
9 | (735 ILCS 5/9-107.10) | ||||||
10 | Sec. 9-107.10. Military personnel in military service; | ||||||
11 | eviction action for possession . | ||||||
12 | (a) In this Section: | ||||||
13 | "Military service" means any full-time training or duty, no | ||||||
14 | matter how described under federal or State law, for which a | ||||||
15 | service member is ordered to report by the President, Governor | ||||||
16 | of a state, commonwealth, or territory of the United States, or | ||||||
17 | other appropriate military authority. | ||||||
18 | "Service member" means a resident of Illinois who is a | ||||||
19 | member of any component of the U.S. Armed Forces or the | ||||||
20 | National Guard of any state, the District of Columbia, a | ||||||
21 | commonwealth, or a territory of the United States.
| ||||||
22 | (b) In a residential eviction an action for possession of | ||||||
23 | residential premises of a tenant , including eviction of a | ||||||
24 | tenant who is a resident of a mobile home park, who is a | ||||||
25 | service member that has entered military service, or of any |
| |||||||
| |||||||
1 | member of the tenant's family who resides with the tenant, if | ||||||
2 | the tenant entered into the rental agreement on or after the | ||||||
3 | effective date of this amendatory Act of the 94th General | ||||||
4 | Assembly, the court may, on its own motion, and shall, upon | ||||||
5 | motion made by or on behalf of the tenant, do either of the | ||||||
6 | following if the tenant's ability to pay the agreed rent is | ||||||
7 | materially affected by the tenant's military service: | ||||||
8 | (1) Stay the proceedings for a period of 90 days, | ||||||
9 | unless, in the opinion of the court, justice and equity | ||||||
10 | require a longer or shorter period of time. | ||||||
11 | (2) Adjust the obligation under the rental agreement to | ||||||
12 | preserve the interest of all parties to it. | ||||||
13 | (c) In order to be eligible for the benefits granted to | ||||||
14 | service members under this Section, a service member or a | ||||||
15 | member of the service member's family who resides with the | ||||||
16 | service member must provide the landlord or mobile home park | ||||||
17 | operator with a copy of the orders calling the service member | ||||||
18 | to military service in excess of 29 consecutive days and of any | ||||||
19 | orders further extending the period of service.
| ||||||
20 | (d) If a stay is granted under this Section, the court may | ||||||
21 | grant the landlord or mobile home park operator such relief as | ||||||
22 | equity may require.
| ||||||
23 | (e) A violation of this Section constitutes a civil rights | ||||||
24 | violation under the Illinois Human Rights Act.
All proceeds | ||||||
25 | from the collection of any civil penalty
imposed pursuant to | ||||||
26 | the Illinois Human Rights Act under this subsection shall be |
| |||||||
| |||||||
1 | deposited into the Illinois Military Family Relief Fund. | ||||||
2 | (Source: P.A. 97-913, eff. 1-1-13.)
| ||||||
3 | (735 ILCS 5/9-109.5)
| ||||||
4 | Sec. 9-109.5. Standard of Proof. After a trial, if the | ||||||
5 | court finds, by a
preponderance of the evidence,
that the | ||||||
6 | allegations in the complaint have been proven, the court
shall | ||||||
7 | enter an eviction order judgment for possession of the premises | ||||||
8 | in favor of the
plaintiff.
| ||||||
9 | (Source: P.A. 90-557, eff. 6-1-98.)
| ||||||
10 | (735 ILCS 5/9-109.7)
| ||||||
11 | Sec. 9-109.7. Stay of enforcement; drug related action. An | ||||||
12 | eviction order A judgment for
possession of the premises | ||||||
13 | entered in an action brought by a lessor or lessor's
assignee, | ||||||
14 | if the action was brought
as a result of a lessor or lessor's | ||||||
15 | assignee declaring a lease void
pursuant to Section 11 of the | ||||||
16 | Controlled Substance and Cannabis Nuisance Act,
may not be | ||||||
17 | stayed for any period in excess of 7 days by the court.
| ||||||
18 | Thereafter the plaintiff shall be entitled to re-enter the | ||||||
19 | premises
immediately. The sheriff or other lawfully deputized | ||||||
20 | officers shall execute an
order entered pursuant to this | ||||||
21 | Section
within 7 days of its entry, or within 7 days of the | ||||||
22 | expiration of
a stay of judgment, if one is entered.
| ||||||
23 | (Source: P.A. 90-557, eff. 6-1-98.)
|
| |||||||
| |||||||
1 | (735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
| ||||||
2 | Sec. 9-111. Condominium property.
| ||||||
3 | (a) As to property subject to the
provisions of the | ||||||
4 | "Condominium Property Act", approved June 20, 1963, as
amended, | ||||||
5 | when the action is based upon the failure of an owner of a unit
| ||||||
6 | therein to pay when due his or her proportionate share of the | ||||||
7 | common
expenses of the property, or of any other expenses | ||||||
8 | lawfully agreed upon or
the amount of any unpaid fine, and if | ||||||
9 | the court finds that the expenses or
fines are due to the | ||||||
10 | plaintiff, the plaintiff shall be entitled to the
possession of | ||||||
11 | the whole of the premises claimed, and the court shall enter an | ||||||
12 | eviction order judgment in favor of
the plaintiff shall be | ||||||
13 | entered for the possession thereof and judgment for the
amount | ||||||
14 | found due by the court including interest and late charges, if | ||||||
15 | any,
together with reasonable attorney's fees, if any, and for | ||||||
16 | the plaintiff's
costs. The awarding of reasonable attorney's | ||||||
17 | fees shall be pursuant to the
standards set forth in subsection | ||||||
18 | (b) of this Section 9-111. The court
shall, by order, stay the | ||||||
19 | enforcement of the eviction order judgment for possession for
a | ||||||
20 | period of not less than 60 days from the date of the judgment | ||||||
21 | and may
stay the enforcement of the order judgment for a period | ||||||
22 | not to exceed 180 days
from such date. Any judgment for money | ||||||
23 | or any rent assignment under
subsection (b) of Section 9-104.2 | ||||||
24 | is not subject to this stay. The eviction order judgment
for | ||||||
25 | possession is not subject to an exemption of homestead under | ||||||
26 | Part 9 of
Article XII of this Code. If at any
time, either |
| |||||||
| |||||||
1 | during or after the period of stay, the
defendant pays such | ||||||
2 | expenses found due by the court, and costs, and reasonable
| ||||||
3 | attorney's fees as fixed by the court, and the defendant is
not | ||||||
4 | in arrears on his or her share of the common expenses for the | ||||||
5 | period
subsequent to that covered by the order judgment , the | ||||||
6 | defendant may file a motion to
vacate the order judgment in the | ||||||
7 | court in which the order judgment was entered, and, if the
| ||||||
8 | court, upon the hearing of such motion, is satisfied that the | ||||||
9 | default in
payment of the proportionate share of expenses has | ||||||
10 | been cured, and if the court
finds that the premises are not | ||||||
11 | presently let by the board of managers as
provided in Section | ||||||
12 | 9-111.1 of this Act, the order judgment shall be vacated. If | ||||||
13 | the
premises are being let by the board of managers as provided | ||||||
14 | in Section 9-111.1
of this Act, when any order judgment is | ||||||
15 | sought to be vacated, the court shall vacate
the order judgment | ||||||
16 | effective concurrent with the expiration of the lease term. | ||||||
17 | Unless
defendant files such motion to vacate in the court or | ||||||
18 | the order judgment is otherwise
stayed, enforcement of the | ||||||
19 | order judgment may proceed immediately upon the expiration
of | ||||||
20 | the period of stay and all rights of the defendant to | ||||||
21 | possession of his or
her unit shall cease and determine until | ||||||
22 | the date that the order judgment may
thereafter be vacated in | ||||||
23 | accordance with the foregoing provisions, and
notwithstanding | ||||||
24 | payment of the amount of any money judgment if the unit owner
| ||||||
25 | or occupant is in
arrears for the period after the date of | ||||||
26 | entry of the order judgment as provided in
this Section. |
| |||||||
| |||||||
1 | Nothing
herein contained shall be construed as affecting the | ||||||
2 | right of the board of
managers, or its agents, to any lawful | ||||||
3 | remedy or relief other than that
provided by Part 1 of this | ||||||
4 | Article IX of this Act .
| ||||||
5 | This amendatory Act of the 92nd General Assembly is | ||||||
6 | intended as a
clarification of existing law and not as a new | ||||||
7 | enactment.
| ||||||
8 | (b) For purposes of determining reasonable attorney's fees | ||||||
9 | under
subsection (a), the court shall consider:
| ||||||
10 | (i) the time expended by the attorney;
| ||||||
11 | (ii) the reasonableness of the hourly rate for the work | ||||||
12 | performed;
| ||||||
13 | (iii) the reasonableness of the amount of time expended | ||||||
14 | for the work
performed; and
| ||||||
15 | (iv) the amount in controversy and the nature of the | ||||||
16 | action.
| ||||||
17 | (Source: P.A. 91-196, eff. 7-20-99; 92-540, eff. 6-12-02.)
| ||||||
18 | (735 ILCS 5/9-111.1)
| ||||||
19 | Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of | ||||||
20 | an eviction order a judgment
in favor of a board of managers
| ||||||
21 | for possession of property under the Condominium Property Act, | ||||||
22 | as provided in
Section 9-111 of this Act, and upon delivery of | ||||||
23 | possession of
the premises by the
sheriff or other authorized | ||||||
24 | official to the board of managers pursuant to
execution upon | ||||||
25 | the order judgment , the board of managers shall have the right |
| |||||||
| |||||||
1 | and
authority, incidental to the right of possession of a unit | ||||||
2 | under the order judgment ,
but not the obligation, to lease the | ||||||
3 | unit to a bona fide tenant (whether the
tenant is in occupancy | ||||||
4 | or not) pursuant to a written lease for a term which may | ||||||
5 | commence at any time within 8 months after the month in which | ||||||
6 | the date of expiration of the stay of the order judgment | ||||||
7 | occurs. The term may not
exceed 13 months from the date of | ||||||
8 | commencement of the lease. The court may, upon motion of the | ||||||
9 | board of managers and with notice to the evicted dispossessed | ||||||
10 | unit owner, permit or extend a lease for one or more additional | ||||||
11 | terms not to exceed 13 months per term. The
board of managers | ||||||
12 | shall first apply all rental income to assessments and other
| ||||||
13 | charges sued upon in the eviction action for possession plus | ||||||
14 | statutory interest on a
monetary judgment, if any, attorneys' | ||||||
15 | fees, and court costs incurred; and then
to other expenses | ||||||
16 | lawfully agreed upon (including late charges), any fines and
| ||||||
17 | reasonable expenses necessary to make the unit rentable, and | ||||||
18 | lastly to
assessments accrued thereafter until assessments are | ||||||
19 | current. Any surplus
shall be remitted to the unit owner. The | ||||||
20 | court shall retain jurisdiction to
determine the | ||||||
21 | reasonableness of the expense of making the unit rentable.
| ||||||
22 | (Source: P.A. 98-996, eff. 1-1-15 .)
| ||||||
23 | (735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
| ||||||
24 | Sec. 9-117. Expiration of order judgment . No eviction order | ||||||
25 | judgment for possession
obtained in an action brought under |
| |||||||
| |||||||
1 | this Article may be enforced more than 120
days after the order | ||||||
2 | judgment is entered, unless upon motion by the plaintiff
the | ||||||
3 | court grants an extension of the period of enforcement of the | ||||||
4 | order judgment .
Plaintiff's notice of motion shall contain the | ||||||
5 | following notice directed
to the defendant:
| ||||||
6 | "The plaintiff in this case, (insert name), obtained an | ||||||
7 | eviction judgment against
you on (insert date), but the | ||||||
8 | sheriff did not evict you within the 120 days
that the | ||||||
9 | plaintiff has to evict after a judgment in court. On the | ||||||
10 | date
stated in this notice, the plaintiff will be asking | ||||||
11 | the court to allow the
sheriff to evict you based on that | ||||||
12 | judgment. You must attend the court
hearing if you want the | ||||||
13 | court to stop the plaintiff from having you evicted.
To | ||||||
14 | prevent the eviction, you must be able to prove that (1) | ||||||
15 | the plaintiff
and you made an agreement after the judgment | ||||||
16 | (for instance, to pay up back
rent or to comply with the | ||||||
17 | lease) and you have lived up to the agreement;
or (2) the | ||||||
18 | reason the plaintiff brought the original eviction case has | ||||||
19 | been
resolved or forgiven, and the eviction the plaintiff | ||||||
20 | now wants the court to
grant is based on a new or different | ||||||
21 | reason; or (3) that you have another
legal or equitable | ||||||
22 | reason why the court should not grant the plaintiff's
| ||||||
23 | request for your eviction."
| ||||||
24 | The court shall grant the motion for the extension of the | ||||||
25 | eviction order judgment of
possession unless the defendant | ||||||
26 | establishes that the tenancy has been
reinstated, that the |
| |||||||
| |||||||
1 | breach upon which the order judgment was issued has
been cured | ||||||
2 | or waived, that the plaintiff and defendant entered into a
| ||||||
3 | post-judgment agreement whose terms the defendant has | ||||||
4 | performed, or that
other legal or equitable grounds exist that | ||||||
5 | bar enforcement of the order judgment .
This Section does not | ||||||
6 | apply to any action based upon a breach of a contract
entered | ||||||
7 | into on or after July 1, 1962, for the purchase of premises in
| ||||||
8 | which the court has entered a stay under Section 9-110; nor | ||||||
9 | shall this
Section apply to any action to which the provisions | ||||||
10 | of Section 9-111 apply;
nor shall this Section affect the | ||||||
11 | rights of Boards of Managers under
Section 9-104.2.
| ||||||
12 | (Source: P.A. 99-753, eff. 1-1-17 .)
| ||||||
13 | (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
| ||||||
14 | Sec. 9-118. Emergency housing eviction proceedings.
| ||||||
15 | (a) As used in this Section:
| ||||||
16 | "Cannabis" has the meaning ascribed to that term in the | ||||||
17 | Cannabis Control Act.
| ||||||
18 | "Narcotics" and "controlled substance" have the meanings | ||||||
19 | ascribed to those
terms in the Illinois Controlled Substances | ||||||
20 | Act.
| ||||||
21 | (b) This Section applies only if all of the following | ||||||
22 | conditions are
met:
| ||||||
23 | (1) The complaint seeks possession of premises that are
| ||||||
24 | owned or managed by a housing authority established under | ||||||
25 | the Housing
Authorities Act or privately owned and managed.
|
| |||||||
| |||||||
1 | (2) The verified complaint alleges that there is direct
| ||||||
2 | evidence of any of the following:
| ||||||
3 | (A) unlawful possessing, serving, storing, | ||||||
4 | manufacturing, cultivating,
delivering, using, | ||||||
5 | selling, giving away, or
trafficking in cannabis, | ||||||
6 | methamphetamine, narcotics, or controlled substances
| ||||||
7 | within or upon the premises by or with the knowledge | ||||||
8 | and consent of, or in
concert with the person or | ||||||
9 | persons named in the complaint; or
| ||||||
10 | (B) the possession, use, sale, or delivery of a | ||||||
11 | firearm which is
otherwise prohibited by State law
| ||||||
12 | within or upon the premises by or with the
knowledge | ||||||
13 | and consent of, or in concert with, the person or | ||||||
14 | persons named in
the complaint; or
| ||||||
15 | (C) murder, attempted murder, kidnapping, | ||||||
16 | attempted kidnapping, arson,
attempted arson, | ||||||
17 | aggravated battery, criminal sexual
assault, attempted | ||||||
18 | criminal sexual assault, aggravated criminal sexual | ||||||
19 | assault,
predatory criminal sexual assault of a child, | ||||||
20 | or criminal sexual abuse
within or upon the premises by | ||||||
21 | or with the
knowledge and consent of, or in concert | ||||||
22 | with, the person or persons named in
the complaint.
| ||||||
23 | (3) Notice by verified complaint setting forth the | ||||||
24 | relevant facts, and a
demand for possession of the type | ||||||
25 | specified in Section 9-104 is served on
the tenant or | ||||||
26 | occupant of the premises at least 14 days before a hearing |
| |||||||
| |||||||
1 | on
the complaint is held, and proof of service of the | ||||||
2 | complaint is submitted
by the plaintiff to the court.
| ||||||
3 | (b-5) In all actions brought under this Section 9-118, no | ||||||
4 | predicate notice
of termination or demand for possession shall | ||||||
5 | be required to initiate an
eviction action.
| ||||||
6 | (c) When a complaint has been filed under this Section, a | ||||||
7 | hearing on the
complaint shall be scheduled on any day after | ||||||
8 | the expiration of 14 days
following the filing of the | ||||||
9 | complaint. The summons shall advise the defendant
that a | ||||||
10 | hearing on the complaint shall be held at the specified date | ||||||
11 | and time,
and that the defendant should be prepared to present | ||||||
12 | any evidence on his or her
behalf at that time.
| ||||||
13 | If a plaintiff which is a public housing authority accepts
| ||||||
14 | rent from the defendant after an action is initiated under this
| ||||||
15 | Section, the acceptance of rent shall not be a cause for | ||||||
16 | dismissal of the
complaint.
| ||||||
17 | (d) If the defendant does not appear at the hearing, an | ||||||
18 | eviction order judgment for
possession of the premises in favor | ||||||
19 | of the plaintiff shall be entered by
default. If the defendant | ||||||
20 | appears, a trial shall be held immediately as is
prescribed in | ||||||
21 | other eviction proceedings for possession . The matter shall not | ||||||
22 | be
continued beyond 7 days from the date set for the first | ||||||
23 | hearing on the
complaint except by agreement of both the | ||||||
24 | plaintiff and the defendant. After a
trial, if the court finds, | ||||||
25 | by a preponderance of the evidence, that the
allegations in the | ||||||
26 | complaint have been proven, the court shall enter an eviction |
| |||||||
| |||||||
1 | order judgment
for possession of the premises in favor of the | ||||||
2 | plaintiff and the court shall
order that the plaintiff shall be | ||||||
3 | entitled to re-enter the premises
immediately.
| ||||||
4 | (d-5) If cannabis, methamphetamine, narcotics, or | ||||||
5 | controlled substances are found or used
anywhere in the | ||||||
6 | premises, there is a rebuttable presumption either (1) that the
| ||||||
7 | cannabis, methamphetamine,
narcotics, or controlled substances | ||||||
8 | were used or possessed by a tenant
or occupant or (2) that a | ||||||
9 | tenant or occupant permitted the premises to be used
for
that | ||||||
10 | use or possession, and knew or should have reasonably known | ||||||
11 | that the
substance was used or possessed.
| ||||||
12 | (e) An eviction order A judgment for possession entered | ||||||
13 | under this Section may not be
stayed for any period in excess | ||||||
14 | of 7 days by the court. Thereafter the
plaintiff shall be | ||||||
15 | entitled to re-enter the premises immediately. The sheriff
or | ||||||
16 | other lawfully deputized officers shall give priority to | ||||||
17 | service and
execution of orders entered under this Section over | ||||||
18 | other possession orders.
| ||||||
19 | (f) This Section shall not be construed to prohibit the use | ||||||
20 | or possession
of cannabis, methamphetamine, narcotics, or a | ||||||
21 | controlled substance that has been legally
obtained in | ||||||
22 | accordance with a valid prescription for the personal use of a
| ||||||
23 | lawful occupant of a dwelling unit.
| ||||||
24 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
25 | (735 ILCS 5/9-119)
|
| |||||||
| |||||||
1 | Sec. 9-119. Emergency subsidized housing eviction | ||||||
2 | proceedings.
| ||||||
3 | (a) As used in this Section:
| ||||||
4 | "FmHA" means the Farmers Home Administration or a local | ||||||
5 | housing
authority administering an FmHA program.
| ||||||
6 | "HUD" means the United States Department of Housing and | ||||||
7 | Urban
Development, or the Federal Housing Administration or a | ||||||
8 | local housing authority
administering a HUD program.
| ||||||
9 | "Section 8 contract" means a contract with HUD or FmHA | ||||||
10 | which provides rent
subsidies entered into pursuant to Section | ||||||
11 | 8 of the United States Housing Act
of 1937 or the Section 8 | ||||||
12 | Existing Housing Program (24 C.F.R. Part 882).
| ||||||
13 | "Subsidized housing" means:
| ||||||
14 | (1) any housing or unit of housing subject to a
Section | ||||||
15 | 8 contract;
| ||||||
16 | (2) any housing or unit of
housing owned, operated, or | ||||||
17 | managed by a housing authority established under
the | ||||||
18 | Housing Authorities Act; or
| ||||||
19 | (3) any housing or unit of housing financed by a
loan | ||||||
20 | or mortgage held by the Illinois Housing Development | ||||||
21 | Authority, a
local housing authority, or the federal | ||||||
22 | Department of Housing and Urban
Development ("HUD") that | ||||||
23 | is:
| ||||||
24 | (i) insured or held by HUD under Section 221(d)(3) | ||||||
25 | of the National
Housing Act and assisted under Section | ||||||
26 | 101 of the Housing and Urban
Development Act of 1965 or |
| |||||||
| |||||||
1 | Section 8 of the United States Housing Act of 1937;
| ||||||
2 | (ii) insured or held by HUD and bears interest at a | ||||||
3 | rate determined
under the proviso of Section 221(d)(3) | ||||||
4 | of the National Housing Act;
| ||||||
5 | (iii) insured, assisted, or held by HUD under | ||||||
6 | Section 202 or 236 of the
National Housing Act;
| ||||||
7 | (iv) insured or held by HUD under Section 514 or | ||||||
8 | 515 of the Housing
Act of 1949;
| ||||||
9 | (v) insured or held by HUD under the United States | ||||||
10 | Housing Act of 1937;
or
| ||||||
11 | (vi) held by HUD and formerly insured under a | ||||||
12 | program listed in
subdivision (i), (ii), (iii), (iv), | ||||||
13 | or (v).
| ||||||
14 | (b) This Section applies only if all of the following | ||||||
15 | conditions are
met:
| ||||||
16 | (1) The verified complaint seeks possession of | ||||||
17 | premises that are
subsidized housing as defined under this | ||||||
18 | Section.
| ||||||
19 | (2) The verified complaint alleges that there is direct | ||||||
20 | evidence of
refusal by the tenant to allow the
landlord or | ||||||
21 | agent of the landlord
or other person authorized by State | ||||||
22 | or federal law or regulations or local
ordinance to inspect | ||||||
23 | the
premises,
provided that all of the following conditions | ||||||
24 | have been met:
| ||||||
25 | (A) on 2 separate occasions within a 30 day period | ||||||
26 | the tenant, or
another person on the premises with the |
| |||||||
| |||||||
1 | consent of the tenant, refuses to
allow the landlord or | ||||||
2 | agent of the landlord or other person authorized by | ||||||
3 | State
or federal law or regulations or local ordinance | ||||||
4 | to
inspect the
premises;
| ||||||
5 | (B) the landlord then sends written notice to the | ||||||
6 | tenant stating
that
(i) the
tenant, or a person on the | ||||||
7 | premises with the consent of the tenant, failed
twice | ||||||
8 | within a 30 day period to allow the landlord
or agent | ||||||
9 | of the landlord or other person authorized by State or | ||||||
10 | federal law or
regulations or local ordinance to | ||||||
11 | inspect the premises and
(ii) the tenant must allow the | ||||||
12 | landlord or agent
of the landlord or other person | ||||||
13 | authorized by State or federal law or
regulations or | ||||||
14 | local ordinance to inspect the premises within
the next | ||||||
15 | 30 days or face emergency eviction proceedings under | ||||||
16 | this Section;
| ||||||
17 | (C) the tenant subsequently fails to allow the | ||||||
18 | landlord
or agent of the landlord or other person | ||||||
19 | authorized by State or federal law or
regulations or | ||||||
20 | local ordinance to
inspect the premises within 30 days | ||||||
21 | of receiving the notice from the
landlord; and
| ||||||
22 | (D) the tenant's written lease states that the | ||||||
23 | occurrence of the
events described in items (A), (B), | ||||||
24 | and (C) may result in eviction.
| ||||||
25 | (3) Notice, by verified complaint setting forth the | ||||||
26 | relevant facts, and a
demand for possession of the type |
| |||||||
| |||||||
1 | specified in Section 9-104 is served on
the tenant or | ||||||
2 | occupant of the premises at least 14 days before a hearing | ||||||
3 | on
the complaint is held, and proof of service of the | ||||||
4 | complaint is submitted
by the plaintiff to the court.
| ||||||
5 | (c) When a complaint has been filed under this Section, a | ||||||
6 | hearing on the
complaint shall be scheduled on any day after | ||||||
7 | the expiration of 14 days
following the filing of the | ||||||
8 | complaint. The summons shall advise the defendant
that a | ||||||
9 | hearing on the complaint shall be held at the specified date | ||||||
10 | and time,
and that the defendant should be prepared to present | ||||||
11 | any evidence on his or her
behalf at that time.
| ||||||
12 | (d) If the defendant does not appear at the hearing, an | ||||||
13 | eviction order judgment for
possession of the premises in favor | ||||||
14 | of the plaintiff shall be entered by
default. If the defendant | ||||||
15 | appears, a trial shall be held immediately as is
prescribed in | ||||||
16 | other eviction proceedings for possession . The matter shall not | ||||||
17 | be
continued beyond 7 days from the date set for the first | ||||||
18 | hearing on the
complaint except by agreement of both the | ||||||
19 | plaintiff and the defendant. After a
trial, if the court finds, | ||||||
20 | by a preponderance of the evidence, that the
allegations in the | ||||||
21 | complaint have been proven, the court shall enter an eviction | ||||||
22 | order judgment
for possession of the premises in favor of the | ||||||
23 | plaintiff and the court shall
order that the plaintiff shall be | ||||||
24 | entitled to re-enter the premises
immediately.
| ||||||
25 | (e) An eviction order A judgment for possession entered | ||||||
26 | under this Section may not be
stayed for any period in excess |
| |||||||
| |||||||
1 | of 7 days by the court. Thereafter the
plaintiff shall be | ||||||
2 | entitled to re-enter the premises immediately. The sheriff
or | ||||||
3 | other lawfully deputized officers shall give priority to | ||||||
4 | service and
execution of orders entered under this Section over | ||||||
5 | other possession
orders.
| ||||||
6 | (Source: P.A. 89-660, eff. 1-1-97.)
| ||||||
7 | (735 ILCS 5/9-120) | ||||||
8 | Sec. 9-120. Leased premises used in furtherance of a | ||||||
9 | criminal offense;
lease void at option of lessor or assignee. | ||||||
10 | (a) If any lessee or occupant, on one or more occasions, | ||||||
11 | uses or permits the
use of leased premises for the commission | ||||||
12 | of any act that would constitute a
felony or a Class A | ||||||
13 | misdemeanor under the laws of this State, the lease or
rental | ||||||
14 | agreement shall, at the option of the lessor or
the lessor's
| ||||||
15 | assignee become void, and the owner or lessor shall be entitled | ||||||
16 | to recover
possession of the leased premises as against a | ||||||
17 | tenant holding over after the
expiration of his or her term. A | ||||||
18 | written lease shall notify the lessee that if any lessee or | ||||||
19 | occupant, on one or more occasions, uses or permits the use of | ||||||
20 | the leased premises for the commission of a felony or Class A | ||||||
21 | misdemeanor under the laws of this State, the lessor shall have | ||||||
22 | the right to void the lease and recover the leased premises. | ||||||
23 | Failure to include this language in a written lease or the use | ||||||
24 | of an oral lease shall not waive or impair the rights of the | ||||||
25 | lessor or lessor's assignee under this Section or the lease. |
| |||||||
| |||||||
1 | This Section shall not be construed so as to diminish the | ||||||
2 | rights of a lessor, if any, to terminate a lease for other | ||||||
3 | reasons permitted under law or pursuant to the lease agreement. | ||||||
4 | (b) The owner or lessor may bring an eviction a forcible | ||||||
5 | entry and detainer action, or,
if
the State's Attorney of the | ||||||
6 | county in which the real property is
located or the corporation | ||||||
7 | counsel of the municipality in which the real property is | ||||||
8 | located agrees, assign to that State's Attorney or corporation | ||||||
9 | counsel the right to bring an eviction a forcible
entry and | ||||||
10 | detainer action on behalf of
the owner or lessor, against the | ||||||
11 | lessee and all occupants of the leased
premises. The assignment | ||||||
12 | must be in writing on a form prepared by the State's
Attorney | ||||||
13 | of the county in which the real property is located or the | ||||||
14 | corporation counsel of the municipality in which the real | ||||||
15 | property is located, as applicable. If the owner or
lessor | ||||||
16 | assigns the right to bring an eviction a forcible entry and | ||||||
17 | detainer action, the
assignment shall be limited to those | ||||||
18 | rights and duties up to and including
delivery of the order of | ||||||
19 | eviction to the sheriff for execution. The owner or
lessor | ||||||
20 | shall remain liable for the cost of the eviction whether or not | ||||||
21 | the
right to bring the eviction forcible entry and detainer | ||||||
22 | action has been assigned. | ||||||
23 | (c) A person does not forfeit any part of his or her | ||||||
24 | security deposit due
solely to an eviction under the provisions | ||||||
25 | of this Section, except that a
security deposit may be used to | ||||||
26 | pay fees charged by the sheriff for carrying
out an eviction. |
| |||||||
| |||||||
1 | (d) If a lessor or the lessor's assignee voids a lease or | ||||||
2 | contract under the
provisions of this Section and the tenant or | ||||||
3 | occupant has not vacated the
premises within 5 days after | ||||||
4 | receipt of a written notice to vacate the
premises, the lessor | ||||||
5 | or lessor's assignee may seek relief under this Article
IX. | ||||||
6 | Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | ||||||
7 | judgment for costs against a plaintiff seeking
possession of | ||||||
8 | the premises under this Section shall not be awarded to the
| ||||||
9 | defendant unless the action was brought by the plaintiff in bad | ||||||
10 | faith. An
action to possess premises under this Section shall | ||||||
11 | not be deemed to be in bad
faith when the plaintiff based his | ||||||
12 | or her cause of action on information
provided to him or her by | ||||||
13 | a law enforcement agency, the State's Attorney, or the | ||||||
14 | municipality. | ||||||
15 | (e) After a trial, if the court finds, by a
preponderance | ||||||
16 | of the evidence,
that the allegations in the complaint have | ||||||
17 | been proven, the court
shall enter an eviction order judgment | ||||||
18 | for possession of the premises in favor of the plaintiff
and | ||||||
19 | the court shall order that the plaintiff shall be entitled to | ||||||
20 | re-enter the
premises immediately. | ||||||
21 | (f) An eviction order A judgment for
possession of the | ||||||
22 | premises entered in an action brought by a lessor or lessor's
| ||||||
23 | assignee, if the action was brought
as a result of a lessor or | ||||||
24 | lessor's assignee declaring a lease void
pursuant to this | ||||||
25 | Section,
may not be stayed for any period in excess of 7 days | ||||||
26 | by the court unless all
parties agree to a longer period.
|
| |||||||
| |||||||
1 | Thereafter the plaintiff shall be entitled to re-enter the | ||||||
2 | premises
immediately. The sheriff or other lawfully deputized | ||||||
3 | officers shall execute an
order entered pursuant to this | ||||||
4 | Section
within 7 days of its entry, or within 7 days of the | ||||||
5 | expiration of
a stay of judgment, if one is entered. | ||||||
6 | (g) Nothing in this Section shall limit the rights of an | ||||||
7 | owner or lessor
to bring an eviction a forcible entry and | ||||||
8 | detainer action on the basis of other applicable
law. | ||||||
9 | (Source: P.A. 97-236, eff. 8-2-11.) | ||||||
10 | (735 ILCS 5/9-121) | ||||||
11 | Sec. 9-121. Sealing of court file. | ||||||
12 | (a) Definition. As used in this Section, "court file"
means | ||||||
13 | the court file created when an eviction a forcible entry and | ||||||
14 | detainer
action is filed with the court. | ||||||
15 | (b) Discretionary sealing of court file. The court may
| ||||||
16 | order that a court file in an eviction a forcible entry and | ||||||
17 | detainer action
be placed under seal if the court finds that | ||||||
18 | the plaintiff's
action is sufficiently without a basis in fact | ||||||
19 | or law, which
may include a lack of jurisdiction, that placing | ||||||
20 | the court file
under seal is clearly in the interests of | ||||||
21 | justice, and that
those interests are not outweighed by the | ||||||
22 | public's interest in
knowing about the record. | ||||||
23 | (c) Mandatory sealing of court file. The court file | ||||||
24 | relating to an eviction a forcible entry and detainer action | ||||||
25 | brought against a tenant under Section 9-207.5 of this Code or |
| |||||||
| |||||||
1 | as set forth in subdivision (h)(6) of Section 15-1701 of this | ||||||
2 | Code shall be placed under seal.
| ||||||
3 | (Source: P.A. 98-514, eff. 11-19-13.)
| ||||||
4 | (735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
| ||||||
5 | Sec. 9-207. Notice to terminate tenancy for less than a | ||||||
6 | year. | ||||||
7 | (a) Except as provided in Section 9-207.5 of this Code, in | ||||||
8 | all
cases of tenancy from week to week, where the tenant
holds | ||||||
9 | over without special agreement, the landlord may terminate the
| ||||||
10 | tenancy by 7 days' notice, in writing, and may maintain an | ||||||
11 | action
for eviction forcible entry and detainer or ejectment.
| ||||||
12 | (b) Except as provided in Section 9-207.5 of this Code, in | ||||||
13 | all cases of tenancy for any term less than one year, other | ||||||
14 | than
tenancy from week to week, where the tenant holds over | ||||||
15 | without special
agreement, the landlord may terminate the | ||||||
16 | tenancy by 30 days'
notice, in writing, and may maintain an | ||||||
17 | action for eviction forcible entry and
detainer or ejectment.
| ||||||
18 | (Source: P.A. 98-514, eff. 11-19-13.)
| ||||||
19 | (735 ILCS 5/9-208) (from Ch. 110, par. 9-208)
| ||||||
20 | Sec. 9-208. Further demand. Where a tenancy is terminated | ||||||
21 | by notice, under
either of the
2 preceding sections, no further | ||||||
22 | demand is necessary before
bringing an action under the statute | ||||||
23 | in relation to eviction forcible detainer or
ejectment.
| ||||||
24 | (Source: P.A. 83-707.)
|
| |||||||
| |||||||
1 | (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
| ||||||
2 | Sec. 9-209. Demand for rent - eviction action Action for | ||||||
3 | possession . A landlord or his
or her agent may, any time after | ||||||
4 | rent is due,
demand payment thereof and notify the tenant, in | ||||||
5 | writing, that unless
payment is made within a time mentioned in | ||||||
6 | such notice, not less than
5 days after service thereof, the | ||||||
7 | lease will be terminated. If the
tenant does not within the | ||||||
8 | time mentioned in such notice, pay the rent
due, the landlord | ||||||
9 | may consider the lease ended, and sue for the
possession under | ||||||
10 | the statute in relation to eviction forcible entry and
| ||||||
11 | detainer , or maintain ejectment without further notice or | ||||||
12 | demand. A
claim for rent may be joined in the complaint, | ||||||
13 | including a request for the pro rata amount of rent due for any | ||||||
14 | period that a judgment is stayed, and a judgment obtained for
| ||||||
15 | the amount of rent found due, in any action or proceeding | ||||||
16 | brought, in an eviction
action of forcible entry and detainer | ||||||
17 | for the possession of the leased
premises, under this Section.
| ||||||
18 | Notice made pursuant to this Section shall, as hereinafter | ||||||
19 | stated, not
be invalidated by payments of past due rent | ||||||
20 | demanded in the notice, when
the payments do not, at the end of | ||||||
21 | the notice period, total the amount demanded
in the notice. The | ||||||
22 | landlord may, however, agree in writing to continue
the lease | ||||||
23 | in exchange for receiving partial payment. To prevent | ||||||
24 | invalidation,
the notice must prominently state:
| ||||||
25 | "Only FULL PAYMENT of the rent demanded in this notice will |
| |||||||
| |||||||
1 | waive the landlord's
right to terminate the lease under this | ||||||
2 | notice, unless the landlord agrees
in writing to continue the | ||||||
3 | lease in exchange for receiving partial payment."
| ||||||
4 | Collection by the landlord
of past rent due after the | ||||||
5 | filing of a suit for eviction possession or ejectment
pursuant | ||||||
6 | to failure of the tenant to pay the rent demanded in the notice
| ||||||
7 | shall not invalidate the suit.
| ||||||
8 | (Source: P.A. 97-247, eff. 1-1-12.)
| ||||||
9 | (735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
| ||||||
10 | Sec. 12-903. Extent of exemption. No property shall, by | ||||||
11 | virtue of Part
9 of this Article XII of this Act , be exempt
| ||||||
12 | from sale for
nonpayment of taxes or assessments, or for a debt | ||||||
13 | or liability incurred
for the purchase or improvement thereof, | ||||||
14 | or for enforcement of a lien
thereon pursuant to paragraph | ||||||
15 | (g)(1)
of Section 9 of the "Condominium
Property Act", approved | ||||||
16 | June 20, 1963, as amended,
or be exempt from enforcement of an | ||||||
17 | eviction order a judgment for possession
pursuant to paragraph | ||||||
18 | (a)(7) or (a)(8) of Section 9-102 of this Code.
| ||||||
19 | This amendatory Act of the 92nd General Assembly is | ||||||
20 | intended as a
clarification of existing law and not as a new | ||||||
21 | enactment.
| ||||||
22 | (Source: P.A. 92-540, eff. 6-12-02.)
| ||||||
23 | (735 ILCS 5/15-1504.5)
| ||||||
24 | Sec. 15-1504.5. Homeowner notice to be attached to summons. |
| |||||||
| |||||||
1 | For all residential foreclosure actions filed, the plaintiff | ||||||
2 | must attach a Homeowner Notice to the summons. The Homeowner | ||||||
3 | Notice must be in at least 12 point type and in English and | ||||||
4 | Spanish. The Spanish translation shall be prepared by the | ||||||
5 | Attorney General and posted on the Attorney General's website. | ||||||
6 | A notice that includes the Attorney General's Spanish | ||||||
7 | translation in substantially similar form shall be deemed to | ||||||
8 | comply with the Spanish notice requirement in this Section. The | ||||||
9 | Notice must be in substantially the following form: | ||||||
10 | IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE | ||||||
11 | 1. POSSESSION: The lawful occupants of a home have the | ||||||
12 | right to live in the home until a judge enters an eviction | ||||||
13 | order for possession . | ||||||
14 | 2. OWNERSHIP: You continue to own your home until the | ||||||
15 | court rules otherwise. | ||||||
16 | 3. REINSTATEMENT: As the homeowner you have the right | ||||||
17 | to bring the mortgage current within 90 days after you | ||||||
18 | receive the summons. | ||||||
19 | 4. REDEMPTION: As the homeowner you have the right to | ||||||
20 | sell your home, refinance, or pay off the loan during the | ||||||
21 | redemption period. | ||||||
22 | 5. SURPLUS: As the homeowner you have the right to | ||||||
23 | petition the court for any excess money that results from a | ||||||
24 | foreclosure sale of your home. |
| |||||||
| |||||||
1 | 6. WORKOUT OPTIONS: The mortgage company does not want | ||||||
2 | to foreclose on your home if there is any way to avoid it. | ||||||
3 | Call your mortgage company [insert name of the homeowner's | ||||||
4 | current mortgage servicer in bold and 14 point type] or its | ||||||
5 | attorneys to find out the alternatives to foreclosure. | ||||||
6 | 7. PAYOFF AMOUNT: You have the right to obtain a | ||||||
7 | written statement of the amount necessary to pay off your | ||||||
8 | loan. Your mortgage company (identified above) must | ||||||
9 | provide you this statement within 10 business days of | ||||||
10 | receiving your request, provided that your request is in | ||||||
11 | writing and includes your name, the address of the | ||||||
12 | property, and the mortgage account or loan number. Your | ||||||
13 | first payoff statement will be free. | ||||||
14 | 8. GET ADVICE: This information is not exhaustive and | ||||||
15 | does not replace the advice of a professional. You may have | ||||||
16 | other options. Get professional advice from a lawyer or | ||||||
17 | certified housing counselor about your rights and options | ||||||
18 | to avoid foreclosure. | ||||||
19 | 9. LAWYER: If you do not have a lawyer, you may be able | ||||||
20 | to find assistance by contacting the Illinois State Bar | ||||||
21 | Association or a legal aid organization that provides free | ||||||
22 | legal assistance. | ||||||
23 | 10. PROCEED WITH CAUTION: You may be contacted by | ||||||
24 | people offering to help you avoid foreclosure. Before | ||||||
25 | entering into any transaction with persons offering to help | ||||||
26 | you, please contact a lawyer, government official, or |
| |||||||
| |||||||
1 | housing counselor for advice.
| ||||||
2 | (Source: P.A. 95-961, eff. 1-1-09.) | ||||||
3 | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | ||||||
4 | Sec. 15-1508. Report of sale and confirmation of sale. | ||||||
5 | (a) Report. The person conducting the sale shall promptly | ||||||
6 | make a report to
the court, which report shall include a copy | ||||||
7 | of all receipts and, if any,
certificate of sale. | ||||||
8 | (b) Hearing. Upon motion and notice in accordance with | ||||||
9 | court rules
applicable to motions generally, which motion shall | ||||||
10 | not be made prior to
sale, the court shall conduct a hearing to
| ||||||
11 | confirm the sale. Unless the court finds that (i) a notice | ||||||
12 | required in
accordance with subsection (c) of Section 15-1507 | ||||||
13 | was not given, (ii) the
terms of sale were unconscionable, | ||||||
14 | (iii) the sale was conducted
fraudulently, or (iv) justice was | ||||||
15 | otherwise not done, the court shall
then enter an order | ||||||
16 | confirming the sale. The confirmation order shall include a | ||||||
17 | name, address, and telephone number of the holder of the | ||||||
18 | certificate of sale or deed issued pursuant to that certificate | ||||||
19 | or, if no certificate or deed was issued, the purchaser, whom a | ||||||
20 | municipality or county may contact with concerns about the real | ||||||
21 | estate. The confirmation order may
also: | ||||||
22 | (1) approve the mortgagee's fees and costs arising | ||||||
23 | between the entry of
the judgment of foreclosure and the | ||||||
24 | confirmation hearing, those costs and
fees to be allowable | ||||||
25 | to the same extent as provided in the note and mortgage
and |
| |||||||
| |||||||
1 | in Section 15-1504; | ||||||
2 | (2) provide for a personal judgment against any party | ||||||
3 | for a deficiency;
and | ||||||
4 | (3) determine the priority of the judgments of parties | ||||||
5 | who deferred proving
the priority pursuant to subsection | ||||||
6 | (h) of Section 15-1506, but
the court shall not
defer | ||||||
7 | confirming the sale pending the determination of such | ||||||
8 | priority. | ||||||
9 | (b-3) Hearing to confirm sale of abandoned residential | ||||||
10 | property. Upon motion and notice by first-class mail to the | ||||||
11 | last known address of the mortgagor, which motion shall be made | ||||||
12 | prior to the sale and heard by the court at the earliest | ||||||
13 | practicable time after conclusion of the sale, and upon the | ||||||
14 | posting at the property address of the notice required by | ||||||
15 | paragraph (2) of subsection (l) of Section 15-1505.8, the court | ||||||
16 | shall enter an order confirming the sale of the abandoned | ||||||
17 | residential property, unless the court finds that a reason set | ||||||
18 | forth in items (i) through (iv) of subsection (b) of this | ||||||
19 | Section exists for not approving the sale, or an order is | ||||||
20 | entered pursuant to subsection (h) of Section 15-1505.8. The | ||||||
21 | confirmation order also may address the matters identified in | ||||||
22 | items (1) through (3) of subsection (b) of this Section. The | ||||||
23 | notice required under subsection (b-5) of this Section shall | ||||||
24 | not be required. | ||||||
25 | (b-5) Notice with respect to residential real estate. With | ||||||
26 | respect to residential real estate, the notice required under |
| |||||||
| |||||||
1 | subsection (b) of this Section shall be sent to the mortgagor | ||||||
2 | even if the mortgagor has previously been held in default. In | ||||||
3 | the event the mortgagor has filed an appearance, the notice | ||||||
4 | shall be sent to the address indicated on the appearance. In | ||||||
5 | all other cases, the notice shall be sent to the mortgagor at | ||||||
6 | the common address of the foreclosed property. The notice shall | ||||||
7 | be sent by first class mail. Unless the right to possession has | ||||||
8 | been previously terminated by the court, the notice shall | ||||||
9 | include the following language in 12-point boldface | ||||||
10 | capitalized type: | ||||||
11 | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||||||
12 | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||||||
13 | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||||||
14 | ILLINOIS MORTGAGE FORECLOSURE LAW. | ||||||
15 | (b-10) Notice of confirmation order sent to municipality or | ||||||
16 | county. A copy of the confirmation order required under | ||||||
17 | subsection (b) shall be sent to the municipality in which the | ||||||
18 | foreclosed property is located, or to the county within the | ||||||
19 | boundary of which the foreclosed property is located if the | ||||||
20 | foreclosed property is located in an unincorporated territory. | ||||||
21 | A municipality or county must clearly publish on its website a | ||||||
22 | single address to which a copy of the order shall be sent. If a | ||||||
23 | municipality or county does not maintain a website, then the | ||||||
24 | municipality or county must publicly post in its main office a | ||||||
25 | single address to which a copy of the order shall be sent. In | ||||||
26 | the event that a municipality or county has not complied with |
| |||||||
| |||||||
1 | the publication requirement in this subsection (b-10), then a | ||||||
2 | copy of the order shall be sent by first class mail, postage | ||||||
3 | prepaid, to the chairperson of the county board or county clerk | ||||||
4 | in the case of a county, to the mayor or city clerk in the case | ||||||
5 | of a city, to the president of the board of trustees or village | ||||||
6 | clerk in the case of a village, or to the president or town | ||||||
7 | clerk in the case of a town. | ||||||
8 | (b-15) Notice of confirmation order sent to known insurers. | ||||||
9 | With respect to residential real estate, the party filing the | ||||||
10 | complaint shall send a copy of the confirmation order required | ||||||
11 | under subsection (b) by first class mail, postage prepaid, to | ||||||
12 | the last known property insurer of the foreclosed property. | ||||||
13 | Failure to send or receive a copy of the order shall not impair | ||||||
14 | or abrogate in any way the rights of the mortgagee or purchaser | ||||||
15 | or affect the status of the foreclosure proceedings. | ||||||
16 | (c) Failure to Give Notice. If any sale is held without | ||||||
17 | compliance with
subsection (c) of Section 15-1507 of this | ||||||
18 | Article, any party entitled to
the notice provided for in | ||||||
19 | paragraph (3) of that subsection
(c) who was not so notified | ||||||
20 | may, by motion supported by affidavit
made prior to | ||||||
21 | confirmation of such sale, ask the court which entered the
| ||||||
22 | judgment to set aside the sale. Any such party shall guarantee | ||||||
23 | or secure by bond a bid equal to the successful bid at the | ||||||
24 | prior sale, unless the party seeking to set aside the sale is | ||||||
25 | the mortgagor, the real estate sold at the sale is residential | ||||||
26 | real estate, and the mortgagor occupies the residential real |
| |||||||
| |||||||
1 | estate at the time the motion is filed. In that event, no | ||||||
2 | guarantee or bond shall be required of the mortgagor. Any
| ||||||
3 | subsequent sale is subject to the same notice requirement as | ||||||
4 | the original sale. | ||||||
5 | (d) Validity of Sale. Except as provided in subsection (c) | ||||||
6 | of Section
15-1508, no sale under this Article shall be held | ||||||
7 | invalid or be set aside
because of any defect in the notice | ||||||
8 | thereof or in the publication of the
same, or in the | ||||||
9 | proceedings of the officer conducting the sale, except upon
| ||||||
10 | good cause shown in a hearing pursuant to subsection (b) of | ||||||
11 | Section
15-1508. At any time after a sale has occurred, any | ||||||
12 | party entitled to
notice under paragraph (3) of subsection (c) | ||||||
13 | of Section 15-1507 may recover
from the mortgagee any damages | ||||||
14 | caused by the mortgagee's failure to comply
with such paragraph | ||||||
15 | (3). Any party who recovers damages in a judicial
proceeding | ||||||
16 | brought under this subsection may also recover from the
| ||||||
17 | mortgagee the reasonable expenses of litigation, including | ||||||
18 | reasonable attorney's fees. | ||||||
19 | (d-5) Making Home Affordable Program. The court that | ||||||
20 | entered the judgment shall set aside a sale held pursuant to | ||||||
21 | Section 15-1507, upon motion of the mortgagor at any time prior | ||||||
22 | to the confirmation of the sale, if the mortgagor proves by a | ||||||
23 | preponderance of the evidence that (i) the mortgagor has | ||||||
24 | applied for assistance under the Making Home Affordable Program | ||||||
25 | established by the United States Department of the Treasury | ||||||
26 | pursuant to the Emergency Economic Stabilization Act of 2008, |
| |||||||
| |||||||
1 | as amended by the American Recovery and Reinvestment Act of | ||||||
2 | 2009, and (ii) the mortgaged real estate was sold in material | ||||||
3 | violation of the program's requirements for proceeding to a | ||||||
4 | judicial sale. The provisions of this subsection (d-5) are | ||||||
5 | operative and, except for this sentence, shall become | ||||||
6 | inoperative on January 1, 2018 for all actions filed under this | ||||||
7 | Article after December 31, 2017, in which the mortgagor did not | ||||||
8 | apply for assistance under the Making Home Affordable Program | ||||||
9 | on or before December 31, 2016. The changes to this subsection | ||||||
10 | (d-5) by this amendatory Act of the 99th General Assembly apply | ||||||
11 | to all cases pending and filed on or after the effective date | ||||||
12 | of this amendatory Act of the 99th General Assembly. | ||||||
13 | (e) Deficiency Judgment. In any order confirming a sale | ||||||
14 | pursuant to the
judgment of foreclosure, the court shall also | ||||||
15 | enter a personal judgment
for deficiency against any party (i) | ||||||
16 | if otherwise authorized and (ii) to
the extent requested in the | ||||||
17 | complaint and proven upon presentation of the
report of sale in | ||||||
18 | accordance with Section 15-1508. Except as otherwise provided
| ||||||
19 | in this Article, a judgment may be entered for any balance of | ||||||
20 | money that
may be found due to the plaintiff, over and above | ||||||
21 | the proceeds of the sale
or sales, and enforcement may be had | ||||||
22 | for the collection of such balance,
the same as when the | ||||||
23 | judgment is solely for the payment of money. Such
judgment may | ||||||
24 | be entered, or enforcement had,
only in cases where personal | ||||||
25 | service has been had upon the
persons personally liable for the | ||||||
26 | mortgage indebtedness, unless they have
entered their |
| |||||||
| |||||||
1 | appearance in the foreclosure action. | ||||||
2 | (f) Satisfaction. Upon confirmation of the sale, the
| ||||||
3 | judgment stands satisfied to the extent of the sale price less | ||||||
4 | expenses and
costs. If the order confirming the sale includes a | ||||||
5 | deficiency judgment, the
judgment shall become a lien in the | ||||||
6 | manner of any other
judgment for the payment of money. | ||||||
7 | (g) The order confirming the sale shall include, | ||||||
8 | notwithstanding any
previous orders awarding possession during | ||||||
9 | the pendency of the foreclosure, an
award to the purchaser of | ||||||
10 | possession of the mortgaged real estate, as of the
date 30 days | ||||||
11 | after the entry of the order, against the
parties to the | ||||||
12 | foreclosure whose interests have been terminated. | ||||||
13 | An eviction order of possession authorizing the removal of | ||||||
14 | a person from possession
of the mortgaged real estate shall be | ||||||
15 | entered and enforced only against those
persons personally
| ||||||
16 | named as individuals in the complaint or the petition under | ||||||
17 | subsection (h)
of Section 15-1701. No eviction order of | ||||||
18 | possession issued under this Section shall be entered against a | ||||||
19 | lessee with a bona fide lease of a dwelling unit in residential | ||||||
20 | real estate in foreclosure, whether or not the lessee has been | ||||||
21 | made a party in the foreclosure. An order shall
not be entered | ||||||
22 | and enforced against any person who is only generically
| ||||||
23 | described as an
unknown owner or nonrecord claimant or by | ||||||
24 | another generic designation in the
complaint. | ||||||
25 | Notwithstanding the preceding paragraph, the failure to | ||||||
26 | personally
name,
include, or seek an eviction order award of
|
| |||||||
| |||||||
1 | possession of the mortgaged real estate against a person in the
| ||||||
2 | confirmation order shall not abrogate any right that the | ||||||
3 | purchaser may have to
possession of the mortgaged real estate | ||||||
4 | and to maintain an eviction proceeding a proceeding against
| ||||||
5 | that person for
possession under Article IX of this Code or, if | ||||||
6 | applicable, under subsection (h) of Section 15-1701;
and | ||||||
7 | eviction of possession against a person
who (1) has not been | ||||||
8 | personally named as a party to the
foreclosure and (2) has not | ||||||
9 | been provided an opportunity to be heard in the
foreclosure | ||||||
10 | proceeding may be sought only by maintaining a
proceeding under | ||||||
11 | Article IX of this
Code or, if applicable, under subsection (h) | ||||||
12 | of Section 15-1701. | ||||||
13 | (h) With respect to mortgaged real estate containing 5 or | ||||||
14 | more dwelling units, the order confirming the sale shall also | ||||||
15 | provide that (i) the mortgagor shall transfer to the purchaser | ||||||
16 | the security deposits, if any, that the mortgagor received to | ||||||
17 | secure payment of rent or to compensate for damage to the | ||||||
18 | mortgaged real estate from any current occupant of a dwelling | ||||||
19 | unit of the mortgaged real estate, as well as any statutory | ||||||
20 | interest that has not been paid to the occupant, and (ii) the | ||||||
21 | mortgagor shall provide an accounting of the security deposits | ||||||
22 | that are transferred, including the name and address of each | ||||||
23 | occupant for whom the mortgagor holds the deposit and the | ||||||
24 | amount of the deposit and any statutory interest. | ||||||
25 | (Source: P.A. 98-514, eff. 11-19-13; 98-605, eff. 12-26-13; | ||||||
26 | 99-640, eff. 7-28-16.)
|
| |||||||
| |||||||
1 | (735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
| ||||||
2 | Sec. 15-1701. Right to possession.
| ||||||
3 | (a) General. The provisions of
this Article shall govern | ||||||
4 | the right to possession of the mortgaged real
estate during | ||||||
5 | foreclosure. Possession under this Article includes physical
| ||||||
6 | possession of the mortgaged real estate to the same extent to | ||||||
7 | which the
mortgagor, absent the foreclosure, would have been | ||||||
8 | entitled to physical
possession. For the purposes of Part 17, | ||||||
9 | real estate is residential real estate
only if it is | ||||||
10 | residential real estate at the time the foreclosure is | ||||||
11 | commenced.
| ||||||
12 | (b) Pre-Judgment. Prior to the entry of a judgment of | ||||||
13 | foreclosure:
| ||||||
14 | (1) In the case of residential real estate, the | ||||||
15 | mortgagor shall be
entitled to possession of the real | ||||||
16 | estate except if (i) the mortgagee shall
object and show | ||||||
17 | good cause, (ii) the mortgagee is so authorized by the | ||||||
18 | terms of
the mortgage or other written instrument, and | ||||||
19 | (iii) the court is satisfied that
there is a reasonable | ||||||
20 | probability that the mortgagee will prevail on a final
| ||||||
21 | hearing of the cause, the court shall upon request place | ||||||
22 | the mortgagee in
possession. If the residential real estate | ||||||
23 | consists of more than one dwelling
unit, then for the | ||||||
24 | purpose of this Part residential real estate shall mean | ||||||
25 | only
that dwelling unit or units occupied by persons |
| |||||||
| |||||||
1 | described in clauses (i), (ii)
and (iii) of Section | ||||||
2 | 15-1219.
| ||||||
3 | (2) In all other cases, if (i) the mortgagee is so | ||||||
4 | authorized by the
terms of the mortgage or other written | ||||||
5 | instrument, and (ii) the court is
satisfied that there is a | ||||||
6 | reasonable probability that the mortgagee will
prevail on a | ||||||
7 | final hearing of the cause, the mortgagee shall
upon | ||||||
8 | request be placed in possession of the real estate, except | ||||||
9 | that if the
mortgagor shall object and show good cause, the | ||||||
10 | court shall allow the
mortgagor to remain in possession.
| ||||||
11 | (c) Judgment Through 30 Days After Sale Confirmation. After | ||||||
12 | the entry
of a judgment of foreclosure and through the 30th day | ||||||
13 | after a foreclosure
sale is confirmed:
| ||||||
14 | (1) Subsection (b) of Section 15-1701 shall be | ||||||
15 | applicable, regardless of
the provisions of the mortgage or | ||||||
16 | other instrument, except that after a
sale pursuant to the | ||||||
17 | judgment the holder of the certificate of sale
(or, if | ||||||
18 | none, the purchaser at the sale) shall have the mortgagee's | ||||||
19 | right to be
placed in possession, with all rights and | ||||||
20 | duties of a mortgagee in possession
under this Article.
| ||||||
21 | (2) Notwithstanding paragraph (1) of subsection (b) | ||||||
22 | and paragraph (1) of
subsection (c) of Section 15-1701, | ||||||
23 | upon request of the mortgagee, a mortgagor
of residential | ||||||
24 | real estate shall not be allowed to remain in possession | ||||||
25 | between
the expiration of the redemption period and through | ||||||
26 | the 30th day after sale
confirmation unless (i) the |
| |||||||
| |||||||
1 | mortgagor pays to the mortgagee or such holder or
| ||||||
2 | purchaser, whichever is applicable, monthly the lesser of | ||||||
3 | the interest due
under the mortgage calculated at the | ||||||
4 | mortgage rate of interest applicable as if
no default had | ||||||
5 | occurred or the fair rental value of the real estate, or | ||||||
6 | (ii)
the mortgagor otherwise shows good cause. Any amounts | ||||||
7 | paid by the mortgagor
pursuant to this subsection shall be | ||||||
8 | credited against the amounts due from the
mortgagor.
| ||||||
9 | (d) After 30 Days After Sale Confirmation. The holder of
| ||||||
10 | the certificate of sale or deed issued pursuant to that | ||||||
11 | certificate or, if
no certificate or deed was issued, the | ||||||
12 | purchaser, except to the extent the
holder or purchaser may | ||||||
13 | consent otherwise, shall be entitled to possession of
the | ||||||
14 | mortgaged real estate, as of the date 30 days after the order | ||||||
15 | confirming
the sale is entered, against those parties to the | ||||||
16 | foreclosure whose interests
the court has ordered terminated, | ||||||
17 | without further notice to any party, further
order of the | ||||||
18 | court, or resort to proceedings under any other statute other | ||||||
19 | than
this Article.
This right to possession shall be limited by | ||||||
20 | the provisions
governing entering and enforcing orders of | ||||||
21 | possession under subsection (g) of
Section
15-1508.
If the | ||||||
22 | holder or purchaser determines that there are occupants
of the | ||||||
23 | mortgaged real estate who have not been made parties to the | ||||||
24 | foreclosure
and had their interests terminated therein, the | ||||||
25 | holder or purchaser may bring an eviction a
proceeding under | ||||||
26 | subsection (h) of this Section, if applicable, or under Article |
| |||||||
| |||||||
1 | IX of this Code
to terminate the rights of possession of any | ||||||
2 | such occupants. The holder or
purchaser shall not be entitled | ||||||
3 | to proceed against any such occupant under
Article IX of this | ||||||
4 | Code until after 30 days after the order confirming the sale
is | ||||||
5 | entered.
| ||||||
6 | (e) Termination of Leases. A lease of all or any part of | ||||||
7 | the mortgaged
real estate shall not be terminated automatically | ||||||
8 | solely by virtue of the entry
into possession by (i) a | ||||||
9 | mortgagee or receiver prior to the entry of an order
confirming | ||||||
10 | the sale, (ii) the holder of the certificate of sale, (iii) the
| ||||||
11 | holder of the deed issued pursuant to that certificate, or (iv) | ||||||
12 | if no
certificate or deed was issued, the purchaser at the | ||||||
13 | sale.
| ||||||
14 | (f) Other Statutes; Instruments. The provisions of this | ||||||
15 | Article
providing for possession of mortgaged real estate shall | ||||||
16 | supersede any other
inconsistent statutory provisions. In | ||||||
17 | particular, and without limitation,
whenever a receiver is | ||||||
18 | sought to be appointed in any action in which a
foreclosure is | ||||||
19 | also pending, a receiver shall be appointed only in
accordance | ||||||
20 | with this Article. Except as may be authorized by this Article,
| ||||||
21 | no mortgage or other instrument may modify or supersede the | ||||||
22 | provisions of this
Article.
| ||||||
23 | (g) Certain Leases. Leases of the mortgaged real estate | ||||||
24 | entered into by
a mortgagee in possession or a receiver and | ||||||
25 | approved by the court in a
foreclosure shall be binding on all | ||||||
26 | parties, including the mortgagor after
redemption, the |
| |||||||
| |||||||
1 | purchaser at a sale pursuant to a judgment of foreclosure
and | ||||||
2 | any person acquiring an interest in the mortgaged real estate | ||||||
3 | after
entry of a judgment of foreclosure in accordance with | ||||||
4 | Sections 15-1402 and
15-1403.
| ||||||
5 | (h) Proceedings Against Certain Occupants.
| ||||||
6 | (1) The mortgagee-in-possession of the mortgaged real | ||||||
7 | estate under Section
15-1703, a receiver appointed under | ||||||
8 | Section 15-1704, a holder of the
certificate of sale or | ||||||
9 | deed, or the purchaser may, at any time during the
pendency | ||||||
10 | of the foreclosure and up to 90 days after the date of the | ||||||
11 | order
confirming the sale,
file a supplemental eviction | ||||||
12 | petition for possession against a person not personally
| ||||||
13 | named as a party
to the foreclosure. This subsection (h) | ||||||
14 | does not apply to any lessee with a bona fide lease of a | ||||||
15 | dwelling unit in residential real estate in foreclosure. | ||||||
16 | (2) The supplemental eviction petition for possession | ||||||
17 | shall name each such
occupant against whom an eviction | ||||||
18 | order possession is sought and state the facts upon which | ||||||
19 | the
claim for relief is premised.
| ||||||
20 | (3) The petitioner shall serve upon each named occupant | ||||||
21 | the petition,
a notice of hearing on the petition, and, if | ||||||
22 | any, a copy of the certificate of
sale or deed. The | ||||||
23 | eviction proceeding for the termination of such occupant's | ||||||
24 | possessory
interest , including service of the notice of the | ||||||
25 | hearing and the petition,
shall in all respects comport | ||||||
26 | with the requirements of Article IX of this Code,
except as |
| |||||||
| |||||||
1 | otherwise specified in this Section. The hearing shall be | ||||||
2 | no less
than 21 days from the date of service of the | ||||||
3 | notice.
| ||||||
4 | (4) The supplemental petition shall be heard as part of | ||||||
5 | the foreclosure
proceeding and without the payment of | ||||||
6 | additional filing fees. An eviction order for
possession | ||||||
7 | obtained under this Section shall name each occupant whose | ||||||
8 | interest
has been terminated, shall recite that it is only | ||||||
9 | effective as to the occupant
so named and those holding | ||||||
10 | under them, and shall be enforceable for no more
than 120 | ||||||
11 | days after its entry, except that the 120-day period may be | ||||||
12 | extended to
the extent and in the manner provided in | ||||||
13 | Section 9-117 of Article IX and except as provided in item | ||||||
14 | (5) of this subsection (h). | ||||||
15 | (5) In a case of foreclosure where the occupant is | ||||||
16 | current on his or her rent, or where timely written notice | ||||||
17 | of to whom and where the rent is to be paid has not been | ||||||
18 | provided to the occupant, or where the occupant has made | ||||||
19 | good-faith efforts to make rental payments in order to keep | ||||||
20 | current, any eviction order of possession must allow the | ||||||
21 | occupant to retain possession of the property covered in | ||||||
22 | his or her rental agreement (i) for 120 days following the | ||||||
23 | notice of the hearing on the supplemental petition that has | ||||||
24 | been properly served upon the occupant, or (ii) through the | ||||||
25 | duration of his or her lease, whichever is shorter, | ||||||
26 | provided that if the duration of his or her lease is less |
| |||||||
| |||||||
1 | than 30 days from the date of the order, the order shall | ||||||
2 | allow the occupant to retain possession for 30 days from | ||||||
3 | the date of the order. A mortgagee in possession, receiver, | ||||||
4 | holder of a certificate of sale or deed, or purchaser at | ||||||
5 | the judicial sale, who asserts that the occupant is not | ||||||
6 | current in rent, shall file an affidavit to that effect in | ||||||
7 | the supplemental petition proceeding. If the occupant has | ||||||
8 | been given timely written notice of to whom and where the | ||||||
9 | rent is to be paid, this item (5) shall only apply if the | ||||||
10 | occupant continues to pay his or her rent in full during | ||||||
11 | the 120-day period or has made good-faith efforts to pay | ||||||
12 | the rent in full during that period.
| ||||||
13 | (6) The court records relating to a supplemental | ||||||
14 | eviction petition for possession filed under this | ||||||
15 | subsection (h) against an occupant who is entitled to | ||||||
16 | notice under item (5) of this subsection (h), or relating | ||||||
17 | to an eviction a forcible entry and detainer action brought | ||||||
18 | against an occupant who would have lawful possession of the | ||||||
19 | premises but for the foreclosure of a mortgage on the | ||||||
20 | property, shall be ordered sealed and shall not be | ||||||
21 | disclosed to any person, other than a law enforcement | ||||||
22 | officer or any other representative of a governmental | ||||||
23 | entity, except upon further order of the court.
| ||||||
24 | (i) Termination of bona fide leases. The holder of the | ||||||
25 | certificate of sale, the holder of the deed issued pursuant to | ||||||
26 | that certificate, or, if no certificate or deed was issued, the |
| |||||||
| |||||||
1 | purchaser at the sale shall not terminate a bona fide lease of | ||||||
2 | a dwelling unit in residential real estate in foreclosure | ||||||
3 | except pursuant to Article IX of this Code. | ||||||
4 | (Source: P.A. 98-514, eff. 11-19-13.)
| ||||||
5 | (735 ILCS 5/19-129) | ||||||
6 | Sec. 19-129. Mobile homes. If the chattel which is the | ||||||
7 | subject of the replevin action is a mobile home and is occupied | ||||||
8 | by the defendant or other persons, the court may issue an | ||||||
9 | eviction a forcible order directing the sheriff to remove the | ||||||
10 | personal property of the defendant or occupants from the mobile | ||||||
11 | home if provided that the defendants and unknown occupants are | ||||||
12 | given notice of the plaintiff's intent to seek an eviction a | ||||||
13 | forcible order and that upon entry of the said order for | ||||||
14 | possession , the execution is stayed for a reasonable time as | ||||||
15 | determined by the court so as to allow the defendants and | ||||||
16 | unknown occupants to remove their property from the mobile | ||||||
17 | home.
| ||||||
18 | (Source: P.A. 95-661, eff. 1-1-08.) | ||||||
19 | Section 35. The Controlled Substance and Cannabis Nuisance | ||||||
20 | Act is amended by changing Section 11 as follows:
| ||||||
21 | (740 ILCS 40/11) (from Ch. 100 1/2, par. 24)
| ||||||
22 | Sec. 11.
(a) If any lessee or occupant, on one or more | ||||||
23 | occasions, shall
use leased premises for the purpose of |
| |||||||
| |||||||
1 | unlawful possessing, serving,
storing, manufacturing, | ||||||
2 | cultivating, delivering, using, selling or giving
away | ||||||
3 | controlled substances or shall permit them to be used for any | ||||||
4 | such
purposes, the lease or contract for letting such premises | ||||||
5 | shall, at the
option of the lessor or the lessor's assignee, | ||||||
6 | become void, and the owner
or the owner's assignee may notify | ||||||
7 | the lessee or occupant by posting a
written notice
at the | ||||||
8 | premises requiring the lessee or occupant to vacate the leased | ||||||
9 | premises
on or before a
date 5 days after the giving of the | ||||||
10 | notice. The notice shall state
the basis for its issuance on | ||||||
11 | forms provided by the circuit court clerk of the
county in | ||||||
12 | which the real property is located. The owner or owner's | ||||||
13 | assignee
may have the like remedy to recover possession
thereof | ||||||
14 | as against a tenant holding over after the expiration of his | ||||||
15 | term.
The owner or lessor may bring an eviction a forcible | ||||||
16 | entry and detainer action, or
assign to the State's Attorney of | ||||||
17 | the county in which the real property is
located the right to | ||||||
18 | bring an eviction a forcible entry and detainer action on | ||||||
19 | behalf
of the owner or lessor, against the lessee and all | ||||||
20 | occupants of the leased
premises. The assignment must be in | ||||||
21 | writing on a form prepared by the
State's Attorney of the | ||||||
22 | county in which the real property is located. If
the owner or | ||||||
23 | lessor assigns the right to bring an eviction a forcible entry | ||||||
24 | and
detainer action, the assignment shall be limited to those | ||||||
25 | rights and duties
up to and including delivery of the order of | ||||||
26 | eviction to the sheriff for
execution. The owner or lessor |
| |||||||
| |||||||
1 | remains liable for the cost of the eviction
whether or not the | ||||||
2 | right to bring the eviction forcible entry and detainer action
| ||||||
3 | has been assigned.
| ||||||
4 | (b) If a controlled substance is found or used anywhere in | ||||||
5 | the premises of
an apartment, there is a rebuttable presumption | ||||||
6 | that the controlled
substance was either used or possessed by a | ||||||
7 | lessee or occupant or that a
lessee or occupant permitted the | ||||||
8 | premises to be used for that use or
possession. A person shall | ||||||
9 | not forfeit his or her security deposit or any
part of the | ||||||
10 | security deposit due solely to an eviction under the provisions
| ||||||
11 | of the Act.
| ||||||
12 | (c) If a lessor or the lessor's assignee voids a contract | ||||||
13 | under the
provisions of this Section, and a tenant or occupant | ||||||
14 | has not vacated the
premises within 5 days after receipt of a | ||||||
15 | written notice to vacate the
premises, the lessor or the | ||||||
16 | lessor's assignee may seek relief under Article
IX of the Code | ||||||
17 | of Civil Procedure. Notwithstanding Sections 9-112, 9-113
and | ||||||
18 | 9-114 of the Code of Civil Procedure, judgment for costs
| ||||||
19 | against the plaintiff seeking eviction possession of the | ||||||
20 | premises under this Section
shall not be awarded to the | ||||||
21 | defendant unless the action was brought by the
plaintiff in bad | ||||||
22 | faith. An eviction action to possess premises under this | ||||||
23 | Section
shall not be deemed to be in bad faith if where the | ||||||
24 | plaintiff based his or her
cause of action on information | ||||||
25 | provided to him or her by a law enforcement
agency or the | ||||||
26 | State's Attorney.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-82, eff. 6-30-95.)
| ||||||
2 | Section 40. The Condominium Property Act is amended by | ||||||
3 | changing Section 9.2 as follows:
| ||||||
4 | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| ||||||
5 | Sec. 9.2. Other remedies.
| ||||||
6 | (a) In the event of any default by any unit owner,
his | ||||||
7 | tenant, invitee or guest in the performance of his obligations | ||||||
8 | under this
Act or under the declaration, bylaws, or the rules | ||||||
9 | and regulations of the board
of managers, the board of managers | ||||||
10 | or its agents shall have such rights and
remedies as provided | ||||||
11 | in the Act or condominium instruments including the right
to | ||||||
12 | maintain an eviction action for possession against such | ||||||
13 | defaulting unit owner or his
tenant for the benefit of all the | ||||||
14 | other unit owners in the manner prescribed by
Article IX of the | ||||||
15 | Code of Civil Procedure.
| ||||||
16 | (b) Any attorneys' fees incurred by the Association arising | ||||||
17 | out of a
default by any unit owner, his tenant, invitee or | ||||||
18 | guest in the performance of
any of the provisions of the | ||||||
19 | condominium instruments, rules and regulations or
any | ||||||
20 | applicable statute or ordinance shall be added to, and deemed a | ||||||
21 | part of,
his respective share of the common expense.
| ||||||
22 | (c) Other than attorney's fees, no fees pertaining to the | ||||||
23 | collection of a unit owner's financial obligation to the | ||||||
24 | Association, including fees charged by a manager or managing |
| |||||||
| |||||||
1 | agent, shall be added to and deemed a part of an owner's | ||||||
2 | respective share of the common expenses unless: (i) the | ||||||
3 | managing agent fees relate to the costs to collect common | ||||||
4 | expenses for the Association; (ii) the fees are set forth in a | ||||||
5 | contract between the managing agent and the Association; and | ||||||
6 | (iii) the authority to add the management fees to an owner's | ||||||
7 | respective share of the common expenses is specifically stated | ||||||
8 | in the declaration or bylaws of the Association.
| ||||||
9 | (Source: P.A. 94-384, eff. 1-1-06.)
| ||||||
10 | Section 45. The Landlord and Tenant Act is amended by | ||||||
11 | changing Section 5 as follows:
| ||||||
12 | (765 ILCS 705/5)
| ||||||
13 | Sec. 5. Class X felony by lessee or occupant.
| ||||||
14 | (a) If, after the effective date of this amendatory Act of | ||||||
15 | 1995, any
lessee or occupant is charged during his or her lease | ||||||
16 | or contract term with
having
committed an offense on the | ||||||
17 | premises constituting a Class X felony under
the laws of this | ||||||
18 | State,
upon a judicial finding of probable cause at a | ||||||
19 | preliminary hearing or
indictment by a grand jury,
the lease or | ||||||
20 | contract for letting the premises shall,
at the
option of the | ||||||
21 | lessor or the lessor's assignee, become void, and the owner
or | ||||||
22 | the owner's assignee may notify the lessee or occupant by | ||||||
23 | posting a written
notice at the premises requiring the lessee | ||||||
24 | or occupant to vacate the leased
premises on or before a date 5 |
| |||||||
| |||||||
1 | days after the giving of the notice. The notice
shall state the | ||||||
2 | basis for its issuance on forms provided by the circuit court
| ||||||
3 | clerk of the county in which the real property is located. The | ||||||
4 | owner or
owner's assignee may have the same remedy to recover
| ||||||
5 | possession
of the premises as against a tenant holding over | ||||||
6 | after the expiration of his
or her term.
The owner or lessor | ||||||
7 | may bring an eviction a forcible entry and detainer action.
| ||||||
8 | (b) A person does not forfeit his or her security deposit | ||||||
9 | or any
part of the security deposit due solely to an eviction | ||||||
10 | under the provisions
of this Section.
| ||||||
11 | (c) If a lessor or the lessor's assignee voids a contract | ||||||
12 | under the
provisions of this Section, and a tenant or occupant | ||||||
13 | has not vacated the
premises within 5 days after receipt of a | ||||||
14 | written notice to vacate the
premises, the lessor or the | ||||||
15 | lessor's assignee may seek relief under Article
IX of the Code | ||||||
16 | of Civil Procedure. Notwithstanding Sections 9-112, 9-113,
and | ||||||
17 | 9-114 of the Code of Civil Procedure, judgment for costs
| ||||||
18 | against the plaintiff seeking eviction possession of the | ||||||
19 | premises under this Section
shall not be awarded to the | ||||||
20 | defendant unless the action was brought by the
plaintiff in bad | ||||||
21 | faith. An eviction action to possess premises under this | ||||||
22 | Section
shall not be deemed to be in bad faith if the plaintiff | ||||||
23 | based his or her
cause of action on information provided to him | ||||||
24 | or her by a law enforcement
agency or the State's Attorney.
| ||||||
25 | (d) The provisions of this Section are enforceable only if | ||||||
26 | the lessee or
occupant and the owner or owner's assignee have |
| |||||||
| |||||||
1 | executed a lease addendum for
drug free housing as promulgated | ||||||
2 | by the United States Department of Housing and
Urban | ||||||
3 | Development or a substantially similar document.
| ||||||
4 | (Source: P.A. 89-82, eff. 6-30-95 .)
| ||||||
5 | Section 50. The Mobile Home Landlord and Tenant Rights Act | ||||||
6 | is amended by changing Section 16 as follows:
| ||||||
7 | (765 ILCS 745/16) (from Ch. 80, par. 216)
| ||||||
8 | Sec. 16. Improper grounds for eviction. The following | ||||||
9 | conduct by a tenant
shall not constitute grounds for eviction | ||||||
10 | or termination of the lease,
nor shall an eviction order a | ||||||
11 | judgment for possession of the premises be entered against a | ||||||
12 | tenant:
| ||||||
13 | (a) As a reprisal for the tenant's effort to secure or | ||||||
14 | enforce any rights
under the lease or the laws of the State of | ||||||
15 | Illinois, or its governmental
subdivisions of the United | ||||||
16 | States;
| ||||||
17 | (b) As a reprisal for the tenant's good faith complaint to | ||||||
18 | a governmental
authority of the park owner's alleged violation | ||||||
19 | of any health or safety
law, regulation, code or ordinance, or | ||||||
20 | State law or regulation which has
as its objective the | ||||||
21 | regulation of premises used for dwelling purposes;
| ||||||
22 | (c) As a reprisal for the tenant's being an organizer or | ||||||
23 | member of, or
involved in any activities relative to a home | ||||||
24 | owners association.
|
| |||||||
| |||||||
1 | (Source: P.A. 81-637.)
| ||||||
2 | Section 55. The Safe Homes Act is amended by changing | ||||||
3 | Section 15 as follows: | ||||||
4 | (765 ILCS 750/15)
| ||||||
5 | Sec. 15. Affirmative defense.
| ||||||
6 | (a) In any action brought by a landlord against a tenant to | ||||||
7 | recover rent for breach of lease, a tenant shall have an | ||||||
8 | affirmative defense and not be liable for rent for the period | ||||||
9 | after which a tenant vacates the premises owned by the | ||||||
10 | landlord, if by preponderance of the evidence, the court finds | ||||||
11 | that: | ||||||
12 | (1) at the time that the tenant vacated the premises, | ||||||
13 | the tenant or a member of tenant's household was under a | ||||||
14 | credible imminent threat of domestic or sexual violence at | ||||||
15 | the premises; and | ||||||
16 | (2) the tenant gave written notice to the landlord | ||||||
17 | prior to or within 3 days of vacating the premises that the | ||||||
18 | reason for vacating the premises was because of a credible | ||||||
19 | imminent threat of domestic or sexual violence against the | ||||||
20 | tenant or a member of the tenant's household.
| ||||||
21 | (b) In any action brought by a landlord against a tenant to | ||||||
22 | recover rent for breach of lease, a tenant shall have an | ||||||
23 | affirmative defense and not be liable for rent for the period | ||||||
24 | after which the tenant vacates the premises owned by the |
| |||||||
| |||||||
1 | landlord, if by preponderance of the evidence, the court finds | ||||||
2 | that: | ||||||
3 | (1) a tenant or a member of tenant's household was a | ||||||
4 | victim of sexual violence on the premises that is owned or | ||||||
5 | controlled by a landlord and the tenant has vacated the | ||||||
6 | premises as a result of the sexual violence; and | ||||||
7 | (2) the tenant gave written notice to the landlord | ||||||
8 | prior to or within 3 days of vacating the premises that the | ||||||
9 | reason for vacating the premises was because of the sexual | ||||||
10 | violence against the tenant or member of the tenant's | ||||||
11 | household, the date of the sexual violence, and that the | ||||||
12 | tenant provided at least one form of the following types of | ||||||
13 | evidence to the landlord supporting the claim of the sexual | ||||||
14 | violence: medical, court or police evidence of sexual | ||||||
15 | violence; or statement from an employee of a victim | ||||||
16 | services or rape crisis organization from which the tenant | ||||||
17 | or a member of the tenant's household sought services; and | ||||||
18 | (3) the sexual violence occurred not more than 60 days | ||||||
19 | prior to the date of giving the written notice to the | ||||||
20 | landlord, or if the circumstances are such that the tenant | ||||||
21 | cannot reasonably give notice because of reasons related to | ||||||
22 | the sexual violence, such as hospitalization or seeking | ||||||
23 | assistance for shelter or counseling, then as soon | ||||||
24 | thereafter as practicable. Nothing in this subsection (b) | ||||||
25 | shall be construed to be a defense against an eviction | ||||||
26 | action in forcible entry and detainer for failure to pay |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | rent before the tenant provided notice and vacated the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | premises. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (c) Nothing in this Act shall be construed to be a defense | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | against an action for rent for a period of time before the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | tenant vacated the landlord's premises and gave notice to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | landlord as required in subsection (b).
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 94-1038, eff. 1-1-07.)
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