(735 ILCS 5/5-106) (from Ch. 110, par. 5-106)
Sec. 5-106.
Lien of officer.
Where any person has been permitted by any
court to commence
and prosecute or to defend an action as a poor person without the payment
of costs and expenses, the clerk of the court
and the sheriff shall each
have a lien upon every claim, including every claim for
unliquidated damages, asserted in such action by the party who has thus
been permitted to sue or defend as a poor person, and upon the proceeds
thereof, for the amount of all fees and charges, becoming due such
officer under the provisions of Section 5-105 of this Act, and remaining
unpaid. Of the existence of such lien the order of court permitting the
party to proceed as a poor person shall be sufficient notice to all
other parties in the cause, as well as to any insurer or other third
party in anyway liable for payment of any such claim or
portion thereof, who shall have been called upon to defend against the
same or otherwise notified of the commencement of such action and the
assertion of such claim.
On petition filed in the court in which the action has been commenced,
the court shall, on not less than 5 days' notice to all parties
concerned, adjudicate the rights of the petitioning officer or officers
and enforce the lien or liens by all appropriate means.
(Source: P.A. 83-707.)
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