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90_HB1141enr
305 ILCS 5/10-16.4 new
750 ILCS 5/706.3 new
750 ILCS 15/4.2 new
750 ILCS 20/26.2 new
750 ILCS 45/20.5 new
Amends the Public Aid Code, the Marriage and Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act,
the Revised Uniform Reciprocal Enforcement of Support Act,
and the Parentage Act of 1984. Provides that whenever a
court finds that a child support obligor either owes an
arrearage of more than $3,000 or is delinquent in payment of
an amount equal to at least 3 months' support obligation, the
court shall direct the clerk of the court to make information
concerning the obligor available to consumer reporting
agencies and to cause the obligor's name and address to be
published in the newspaper.
LRB9004308DJbd
HB1141 Enrolled LRB9004308DJbd
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 adding Section 10-16.4 as follows:
6 (305 ILCS 5/10-16.4 new)
7 Sec. 10-16.4. Information concerning obligors.
8 (a) In this Section:
9 "Arrearage", "delinquency", "obligor", and "order for
10 support" have the meanings attributed to those terms in
11 Section 10-16.2 of this Code.
12 "Consumer reporting agency" has the meaning attributed to
13 that term in Section 603(f) of the Fair Credit Reporting Act,
14 15 U.S.C. 1681a(f).
15 (b) Whenever a court of competent jurisdiction finds
16 that an obligor either owes an arrearage of more than $10,000
17 or is delinquent in payment of an amount equal to at least 3
18 months' support obligation pursuant to an order for support,
19 the court shall direct the clerk of the court to make
20 information concerning the obligor available to consumer
21 reporting agencies.
22 (c) Whenever a court of competent jurisdiction finds
23 that an obligor either owes an arrearage of more than $10,000
24 or is delinquent in payment of an amount equal to at least 3
25 months' support obligation pursuant to an order for support,
26 the court shall direct the clerk of the court to cause the
27 obligor's name and address to be published in a newspaper of
28 general circulation in the area in which the obligor resides.
29 The clerk shall cause the obligor's name and address to be
30 published only after sending to the obligor at the obligor's
31 last known address, by certified mail, return receipt
HB1141 Enrolled -2- LRB9004308DJbd
1 requested, a notice of intent to publish the information.
2 This subsection (c) applies only if the obligor resides in
3 the county in which the clerk of the court holds office.
4 Section 8. The Clerks of Courts Act is amended by
5 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, filing
18 transcript of commitment proceedings held in
19 another county, and cases under the Juvenile Court
20 Act of 1987........................................ $25
21 (2) Petition for Marriage Licenses........... $10
22 (3) Marriages in Court....................... $10
23 (4) Paternity................................ $40
24 (c) Criminal and Quasi-Criminal
25 (1) Each person convicted of a felony........ $40
26 (2) Each person convicted of a misdemeanor,
27 leaving scene of an accident, driving while
28 intoxicated, reckless driving or drag racing,
29 driving when license revoked or suspended,
30 overweight, or no interstate commerce certificate,
31 or when the disposition is court supervision....... $25
32 (3) Each person convicted of a business
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1 offense............................................ $25
2 (4) Each person convicted of a petty offense. $25
3 (5) Minor traffic, conservation, or
4 ordinance violation, including
5 without limitation when the disposition is
6 court supervision:
7 (i) For each offense.................... $10
8 (ii) For each notice sent to the
9 defendant's last known address pursuant to
10 subsection (c) of Section 6-306.4 of the Illinois
11 Vehicle Code....................................... $2
12 (iii) For each notice sent to the
13 Secretary of State pursuant to subsection (c) of
14 Section 6-306.4 of the Illinois Vehicle Code....... $2
15 (6) When Court Appearance required........... $15
16 (7) Motions to vacate or amend final orders.. $10
17 (8) In ordinance violation cases punishable
18 by fine only, the clerk of the circuit court shall
19 be entitled to receive, unless the fee is excused
20 upon a finding by the court that the defendant is
21 indigent, in addition to other fees or costs
22 allowed or imposed by law, the sum of $50 as a fee
23 for the services of a jury. The jury fee shall be
24 paid by the defendant at the time of filing his or
25 her jury demand. If the fee is not so paid by the
26 defendant, no jury shall be called, and the case
27 shall be tried by the court without a jury.
28 (d) Other Civil Cases
29 (1) Money or personal property claimed does
30 not exceed $500.................................... $10
31 (2) Exceeds $500 but not more than $10,000... $25
32 (3) Exceeds $10,000, when relief in addition
33 to or supplemental to recovery of money alone is
34 sought in an action to recover personal property
HB1141 Enrolled -4- LRB9004308DJbd
1 taxes or retailers occupational tax regardless of
2 amount claimed..................................... $45
3 (4) The Clerk of the Circuit Court shall be
4 entitled to receive, in addition to other fees
5 allowed by law, the sum of $50, as a fee for the
6 services of a jury in every civil action not
7 quasi-criminal in its nature and not a proceeding
8 for the exercise of the right of eminent domain,
9 and in every equitable action wherein the right of
10 trial by jury is or may be given by law. The jury
11 fee shall be paid by the party demanding a jury at
12 the time of filing his jury demand. If such a fee
13 is not paid by either party, no jury shall be
14 called in the action, suit, or proceeding, and the
15 same shall be tried by the court without a jury.
16 (e) Confession of judgment and answer
17 (1) When the amount does not exceed $1,000... $20
18 (2) Exceeds $1,000........................... $40
19 (f) Auxiliary Proceedings
20 Any auxiliary proceeding relating to the
21 collection of a money judgment, including
22 garnishment, citation, or wage deduction action.... $5
23 (g) Forcible entry and detainer
24 (1) For possession only or possession and
25 rent not in excess of $10,000...................... $10
26 (2) For possession and rent in excess of
27 $10,000............................................ $40
28 (h) Eminent Domain
29 (1) Exercise of Eminent Domain............... $45
30 (2) For each and every lot or tract of land
31 or right or interest therein subject to be
32 condemned, the damages in respect to which shall
33 require separate assessments by a jury............. $45
34 (i) Reinstatement
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1 Each case including petition for modification
2 of a judgment or order of Court if filed later than
3 30 days after the entry of a judgment or order,
4 except in forcible entry and detainer cases and
5 small claims and except a petition to modify,
6 terminate, or enforce a judgement or order for
7 child or spousal support or to modify, suspend, or
8 terminate an order for withholding, petition to
9 vacate judgment of dismissal for want of
10 prosecution whenever filed, petition to reopen an
11 estate, or redocketing of any cause................ $20
12 (j) Probate
13 (1) Administration of decedent's estates,
14 whether testate or intestate, guardianships of the
15 person or estate or both of a person under legal
16 disability, guardianships of the person or estate
17 or both of a minor, or petitions to sell real
18 estate in the administration of any estate......... $50
19 (2) Small estates in cases where the real and
20 personal property of an estate does not exceed
21 $5,000............................................. $25
22 (3) At any time during the administration of
23 the estate, however, at the request of the Clerk,
24 the Court shall examine the record of the estate
25 and the personal representative to determine the
26 total value of the real and personal property of
27 the estate, and if such value exceeds $5,000 shall
28 order the payment of an additional fee in the
29 amount of.......................................... $40
30 (4) Inheritance tax proceedings.............. $15
31 (5) Issuing letters only for a certain
32 specific reason other than the administration of an
33 estate, including but not limited to the release of
34 mortgage; the issue of letters of guardianship in
HB1141 Enrolled -6- LRB9004308DJbd
1 order that consent to marriage may be granted or
2 for some other specific reason other than for the
3 care of property or person; proof of heirship
4 without administration; or when a will is to be
5 admitted to probate, but the estate is to be
6 settled without administration..................... $10
7 (6) When a separate complaint relating to any
8 matter other than a routine claim is filed in an
9 estate, the required additional fee shall be
10 charged for such filing............................ $45
11 (k) Change of Venue
12 From a court, the charge is the same amount as
13 the original filing fee; however, the fee for
14 preparation and certification of record on change
15 of venue, when original documents or copies are
16 forwarded.......................................... $10
17 (l) Answer, adverse pleading, or appearance
18 In civil cases................................ $15
19 With the following exceptions:
20 (1) When the amount does not exceed $500..... $5
21 (2) When amount exceeds $500 but not $10,000. $10
22 (3) When amount exceeds $10,000.............. $15
23 (4) Court appeals when documents are
24 forwarded, over 200 pages, additional fee per page
25 over 200........................................... 10¢
26 (m) Tax objection complaints
27 For each tax objection complaint containing
28 one or more tax objections, regardless of the
29 number of parcels involved or the number of
30 taxpayers joining the complaint.................... $10
31 (n) Tax deed
32 (1) Petition for tax deed, if only one parcel
33 is involved........................................ $45
34 (2) For each additional parcel involved, an
HB1141 Enrolled -7- LRB9004308DJbd
1 additional fee of.................................. $10
2 (o) Mailing Notices and Processes
3 (1) All notices that the clerk is required to
4 mail as first class mail........................... $2
5 (2) For all processes or notices the Clerk is
6 required to mail by certified or registered mail,
7 the fee will be $2 plus cost of postage.
8 (p) Certification or Authentication
9 (1) Each certification or authentication for
10 taking the acknowledgement of a deed or other
11 instrument in writing with seal of office.......... $2
12 (2) Court appeals when original documents are
13 forwarded, 100 pages or under, plus delivery costs. $25
14 (3) Court appeals when original documents are
15 forwarded, over 100 pages, plus delivery costs..... $60
16 (4) Court appeals when original documents are
17 forwarded, over 200 pages, additional fee per page
18 over 200........................................... 10¢
19 (q) Reproductions
20 Each record of proceedings and judgment,
21 whether on appeal, change of venue, certified
22 copies of orders and judgments, and all other
23 instruments, documents, records, or papers:
24 (1) First page.......................... $1
25 (2) Next 19 pages, per page............. 50¢
26 (3) All remaining pages, per page....... 25¢
27 (r) Counterclaim
28 When any defendant files a counterclaim as
29 part of his or her answer or otherwise, or joins
30 another party as a third party defendant, or both,
31 he or she shall pay a fee for each such
32 counterclaim or third party action in an amount
33 equal to the fee he or she would have had to pay
34 had he or she brought a separate action for the
HB1141 Enrolled -8- LRB9004308DJbd
1 relief sought in the counterclaim or against the
2 third party defendant, less the amount of the
3 appearance fee, if that has been paid.
4 (s) Transcript of Judgment
5 From a court, the same fee as if case
6 originally filed.
7 (t) Publications
8 The cost of publication shall be paid directly
9 to the publisher by the person seeking the
10 publication, whether the clerk is required by law
11 to publish, or the parties to the action.
12 (u) Collections
13 (1) For all collections made for others,
14 except the State and County and except in
15 maintenance or child support cases, a sum equal to
16 2% of the amount collected and turned over.
17 (2) In any cases remanded to the Circuit
18 Court from the Supreme Court or the Appellate
19 Court, the Clerk shall file the remanding order and
20 reinstate the case with either its original number
21 or a new number. The Clerk shall not charge any
22 new or additional fee for the reinstatement. Upon
23 reinstatement the Clerk shall advise the parties of
24 the reinstatement. A party shall have the same
25 right to a jury trial on remand and reinstatement
26 as he or she had before the appeal, and no
27 additional or new fee or charge shall be made for a
28 jury trial after remand.
29 (3) In maintenance and child support matters,
30 the Clerk may deduct from each payment an amount
31 equal to the United States postage to be used in
32 mailing the maintenance or child support check to
33 the recipient. In such cases, the Clerk shall
34 collect an annual fee of up to $36 from the person
HB1141 Enrolled -9- LRB9004308DJbd
1 making such payment for administering the
2 collection and distribution of maintenance and
3 child support payments. Such sum shall be in
4 addition to and separate from amounts ordered to be
5 paid as maintenance or child support and shall be
6 deposited in a separate Maintenance and Child
7 Support Collection Fund of which the Clerk shall be
8 the custodian, ex officio, to be used by the Clerk
9 to further maintenance and child support collection
10 efforts in his office. Unless paid in cash or
11 pursuant to an order for withholding, the payment
12 of the fee shall be by a separate instrument from
13 the support payment and shall be made to the order
14 of the Clerk. The Clerk may recover from the person
15 making the maintenance or child support payment any
16 additional cost incurred in the collection of this
17 annual fee.
18 The Clerk shall also be entitled to a fee of
19 $5 for certifications made to the Secretary of State as
20 provided in Section 7-703 of the Family Financial
21 Responsibility Law and these fees shall also be
22 deposited into the Separate Maintenance and Child
23 Support Collection Fund.
24 (v) Correction of Cases
25 For correcting the case number or case title
26 on any document filed in his office, to be charged
27 against the party that filed the document.......... $10
28 (w) Record Search
29 For searching a record, per year searched..... $4
30 (x) Printed Output
31 For each page of hard copy print output, when
32 case records are maintained on an automated medium. $2
33 (y) Alias Summons
34 For each alias summons issued................. $2
HB1141 Enrolled -10- LRB9004308DJbd
1 (z) Expungement of Records
2 For each expungement petition filed........... $15
3 (aa) Other Fees
4 Any fees not covered by this Section shall be set by
5 rule or administrative order of the Circuit Court, with
6 the approval of the Supreme Court.
7 (bb) Exemptions
8 No fee provided for herein shall be charged to any
9 unit of State or local government or school district
10 unless the Court orders another party to pay such fee on
11 its behalf. The fee requirements of this Section shall
12 not apply to police departments or other law enforcement
13 agencies. In this Section, "law enforcement agency"
14 means an agency of the State or a unit of local
15 government that is vested by law or ordinance with the
16 duty to maintain public order and to enforce criminal
17 laws and ordinances. The fee requirements of this Section
18 shall not apply to any action instituted under subsection
19 (b) of Section 11-31-1 of the Illinois Municipal Code by
20 a private owner or tenant of real property within 1200
21 feet of a dangerous or unsafe building seeking an order
22 compelling the owner or owners of the building to take
23 any of the actions authorized under that subsection.
24 (cc) Adoptions
25 (1) For an adoption.............................$65
26 (2) Upon good cause shown, the court may waive the
27 adoption filing fee in a special needs adoption. The
28 term "special needs adoption" shall have the meaning
29 ascribed to it by the Illinois Department of Children and
30 Family Services.
31 (dd) Adoption exemptions
32 No fee other than that set forth in subsection (cc)
33 shall be charged to any person in connection with an
34 adoption proceeding.
HB1141 Enrolled -11- LRB9004308DJbd
1 (ee) Additional Services
2 Beginning July 1, 1993, the clerk of the circuit
3 court may provide such additional services for which
4 there is no fee specified by statute in connection with
5 the operation of the clerk's office as may be requested
6 by the public and agreed to by the public and by the
7 clerk. Any charges for additional services shall be as
8 agreed to between the clerk and the party making the
9 request. Nothing in this subsection shall be as agreed
10 to between the clerk and the party making the request.
11 Nothing in this subsection shall be construed to require
12 any clerk to provide any service not otherwise required
13 by law.
14 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
15 7-1-96; 89-593, eff. 8-1-96.)
16 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
17 Sec. 27.1a. The fees of the clerks of the circuit court
18 in all counties having a population in excess of 180,000 but
19 not more than 650,000 inhabitants in the instances described
20 in this Section shall be as provided in this Section. The
21 fees shall be paid in advance and shall be as follows:
22 (a) Civil Cases.
23 The fee for filing a complaint, petition, or other
24 pleading initiating a civil action, with the following
25 exceptions, shall be $150.
26 (A) When the amount of money or damages or the
27 value of personal property claimed does not exceed
28 $250, $10.
29 (B) When that amount exceeds $250 but does not
30 exceed $500, $20.
31 (C) When that amount exceeds $500 but does not
32 exceed $2500, $30.
33 (D) When that amount exceeds $2500 but does
HB1141 Enrolled -12- LRB9004308DJbd
1 not exceed $15,000, $75.
2 (E) For the exercise of eminent domain, $150.
3 For each additional lot or tract of land or right or
4 interest therein subject to be condemned, the
5 damages in respect to which shall require separate
6 assessment by a jury, $150.
7 (a-1) Family.
8 For filing a petition under the Juvenile Court Act
9 of 1987, $25.
10 For filing a petition for a marriage license, $10.
11 For performing a marriage in court, $10.
12 For filing a petition under the Illinois Parentage
13 Act of 1984, $40.
14 (b) Forcible Entry and Detainer.
15 In each forcible entry and detainer case when the
16 plaintiff seeks possession only or unites with his or her
17 claim for possession of the property a claim for rent or
18 damages or both in the amount of $15,000 or less, $40.
19 When the plaintiff unites his or her claim for possession
20 with a claim for rent or damages or both exceeding
21 $15,000, $150.
22 (c) Counterclaim or Joining Third Party Defendant.
23 When any defendant files a counterclaim as part of
24 his or her answer or otherwise or joins another party as
25 a third party defendant, or both, the defendant shall pay
26 a fee for each counterclaim or third party action in an
27 amount equal to the fee he or she would have had to pay
28 had he or she brought a separate action for the relief
29 sought in the counterclaim or against the third party
30 defendant, less the amount of the appearance fee, if that
31 has been paid.
32 (d) Confession of Judgment.
33 In a confession of judgment when the amount does not
34 exceed $1500, $50. When the amount exceeds $1500, but
HB1141 Enrolled -13- LRB9004308DJbd
1 does not exceed $15,000, $115. When the amount exceeds
2 $15,000, $200.
3 (e) Appearance.
4 The fee for filing an appearance in each civil case
5 shall be $50, except as follows:
6 (A) When the plaintiff in a forcible entry and
7 detainer case seeks possession only, $20.
8 (B) When the amount in the case does not
9 exceed $1500, $20.
10 (C) When that amount exceeds $1500 but does
11 not exceed $15,000, $40.
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, $10; when the amount exceeds $1,000 but does not
16 exceed $5,000, $20; and when the amount exceeds $5,000,
17 $30.
18 (g) Petition to Vacate or Modify.
19 (1) Petition to vacate or modify any final judgment
20 or order of court, except in forcible entry and detainer
21 cases and small claims cases or a petition to reopen an
22 estate, to modify, terminate, or enforce a judgment or
23 order for child or spousal support, or to modify,
24 suspend, or terminate an order for withholding, if filed
25 before 30 days after the entry of the judgment or order,
26 $40.
27 (2) Petition to vacate or modify any final judgment
28 or order of court, except a petition to modify,
29 terminate, or enforce a judgment or order for child or
30 spousal support or to modify, suspend, or terminate an
31 order for withholding, if filed later than 30 days after
32 the entry of the judgment or order, $60.
33 (3) Petition to vacate order of bond forfeiture,
34 $20.
HB1141 Enrolled -14- LRB9004308DJbd
1 (h) Mailing.
2 When the clerk is required to mail, the fee will be
3 $6, plus the cost of postage.
4 (i) Certified Copies.
5 Each certified copy of a judgment after the first,
6 except in small claims and forcible entry and detainer
7 cases, $10.
8 (j) Habeas Corpus.
9 For filing a petition for relief by habeas corpus,
10 $80.
11 (k) Certification, Authentication, and Reproduction.
12 (1) Each certification or authentication for taking
13 the acknowledgment of a deed or other instrument in
14 writing with the seal of office, $4.
15 (2) Court appeals when original documents are
16 forwarded, under 100 pages, plus delivery and costs, $50.
17 (3) Court appeals when original documents are
18 forwarded, over 100 pages, plus delivery and costs, $120.
19 (4) Court appeals when original documents are
20 forwarded, over 200 pages, an additional fee of 20 cents
21 per page.
22 (5) For reproduction of any document contained in
23 the clerk's files:
24 (A) First page, $2.
25 (B) Next 19 pages, 50 cents per page.
26 (C) All remaining pages, 25 cents per page.
27 (l) Remands.
28 In any cases remanded to the Circuit Court from the
29 Supreme Court or the Appellate Court for a new trial, the
30 clerk shall file the remanding order and reinstate the
31 case with either its original number or a new number. The
32 Clerk shall not charge any new or additional fee for the
33 reinstatement. Upon reinstatement the Clerk shall advise
34 the parties of the reinstatement. A party shall have the
HB1141 Enrolled -15- LRB9004308DJbd
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
4 remand.
5 (m) Record Search.
6 For each record search, within a division or
7 municipal district, the clerk shall be entitled to a
8 search fee of $4 for each year searched.
9 (n) Hard Copy.
10 For each page of hard copy print output, when case
11 records are maintained on an automated medium, the clerk
12 shall be entitled to a fee of $4.
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
17 records are maintained in a current automated medium, and
18 when no hard copy print output is requested. The fees to
19 be charged for management records, multiple case records,
20 and multiple journal records may be specified by the
21 Chief Judge pursuant to the guidelines for access and
22 dissemination of information approved by the Supreme
23 Court.
24 (p) Commitment Petitions.
25 For filing commitment petitions under the Mental
26 Health and Developmental Disabilities Code and for filing
27 a transcript of commitment proceedings held in another
28 county, $25.
29 (q) Alias Summons.
30 For each alias summons or citation issued by the
31 clerk, $4.
32 (r) Other Fees.
33 Any fees not covered in this Section shall be set by
34 rule or administrative order of the Circuit Court with
HB1141 Enrolled -16- LRB9004308DJbd
1 the approval of the Administrative Office of the Illinois
2 Courts.
3 The clerk of the circuit court may provide
4 additional services for which there is no fee specified
5 by statute in connection with the operation of the
6 clerk's office as may be requested by the public and
7 agreed to by the clerk and approved by the chief judge of
8 the circuit court. Any charges for additional services
9 shall be as agreed to between the clerk and the party
10 making the request and approved by the chief judge of the
11 circuit court. Nothing in this subsection shall be
12 construed to require any clerk to provide any service not
13 otherwise required by law.
14 (s) Jury Services.
15 The clerk shall be entitled to receive, in addition
16 to other fees allowed by law, the sum of $180, as a fee
17 for the services of a jury in every civil action not
18 quasi-criminal in its nature and not a proceeding for the
19 exercise of the right of eminent domain and in every
20 other action wherein the right of trial by jury is or may
21 be given by law. The jury fee shall be paid by the party
22 demanding a jury at the time of filing the jury demand.
23 If the fee is not paid by either party, no jury shall be
24 called in the action or proceeding, and the same shall be
25 tried by the court without a jury.
26 (t) Voluntary Assignment.
27 For filing each deed of voluntary assignment, $10;
28 for recording the same, 25¢ for each 100 words.
29 Exceptions filed to claims presented to an assignee of a
30 debtor who has made a voluntary assignment for the
31 benefit of creditors shall be considered and treated, for
32 the purpose of taxing costs therein, as actions in which
33 the party or parties filing the exceptions shall be
34 considered as party or parties plaintiff, and the
HB1141 Enrolled -17- LRB9004308DJbd
1 claimant or claimants as party or parties defendant, and
2 those parties respectively shall pay to the clerk the
3 same fees as provided by this Section to be paid in other
4 actions.
5 (u) Expungement Petition.
6 The clerk shall be entitled to receive a fee of $30
7 for each expungement petition filed and an additional fee
8 of $2 for each certified copy of an order to expunge
9 arrest records.
10 (v) Probate.
11 The clerk is entitled to receive the fees specified in
12 this subsection (v), which shall be paid in advance, except
13 that, for good cause shown, the court may suspend, reduce, or
14 release the costs payable under this subsection:
15 (1) For administration of the estate of a decedent
16 (whether testate or intestate) or of a missing person,
17 $100, plus the fees specified in subsection (v)(3),
18 except:
19 (A) When the value of the real and personal
20 property does not exceed $15,000, the fee shall be
21 $25.
22 (B) When (i) proof of heirship alone is made,
23 (ii) a domestic or foreign will is admitted to
24 probate without administration (including proof of
25 heirship), or (iii) letters of office are issued for
26 a particular purpose without administration of the
27 estate, the fee shall be $25.
28 (2) For administration of the estate of a ward,
29 $50, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $25.
34 (B) When (i) letters of office are issued to a
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1 guardian of the person, but not of the estate or
2 (ii) letters of office are issued in the estate of a
3 ward without administration of the estate, including
4 filing or joining in the filing of a tax return or
5 releasing a mortgage or consenting to the marriage
6 of the ward, the fee shall be $10.
7 (3) In addition to the fees payable under
8 subsection (v)(1) or (v)(2) of this Section, the
9 following fees are payable:
10 (A) For each account (other than one final
11 account) filed in the estate of a decedent, or ward,
12 $15.
13 (B) For filing a claim in an estate when the
14 amount claimed is $150 or more but less than $500,
15 $10; when the amount claimed is $500 or more but
16 less than $10,000, $25; when the amount claimed is
17 $10,000 or more, $40; provided that the court in
18 allowing a claim may add to the amount allowed the
19 filing fee paid by the claimant.
20 (C) For filing in an estate a claim, petition,
21 or supplemental proceeding based upon an action
22 seeking equitable relief including the construction
23 or contest of a will, enforcement of a contract to
24 make a will, and proceedings involving testamentary
25 trusts or the appointment of testamentary trustees,
26 $40.
27 (D) For filing in an estate (i) the appearance
28 of any person for the purpose of consent or (ii) the
29 appearance of an executor, administrator,
30 administrator to collect, guardian, guardian ad
31 litem, or special administrator, no fee.
32 (E) Except as provided in subsection
33 (v)(3)(D), for filing the appearance of any person
34 or persons, $10.
HB1141 Enrolled -19- LRB9004308DJbd
1 (F) For each jury demand, $90.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, $30, 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,
9 the fee, including any amount paid under subsection
10 (v)(1)(B) or (v)(2)(B), shall be $10.
11 (H) For each certified copy of letters of
12 office, of court order or other certification, $1,
13 plus 50¢ per page in excess of 3 pages for the
14 document certified.
15 (I) For each exemplification, $1, plus the fee
16 for certification.
17 (4) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay the cost of publication by the clerk
20 directly to the newspaper.
21 (5) The person on whose behalf a charge is incurred
22 for witness, court reporter, appraiser, or other
23 miscellaneous fee shall pay the same directly to the
24 person entitled thereto.
25 (6) The executor, administrator, guardian,
26 petitioner, or other interested person or his or her
27 attorney shall pay to the clerk all postage charges
28 incurred by the clerk in mailing petitions, orders,
29 notices, or other documents pursuant to the provisions of
30 the Probate Act of 1975.
31 (w) Criminal and Quasi-Criminal Costs and Fees.
32 (1) The clerk shall be entitled to costs in all
33 criminal and quasi-criminal cases from each person
34 convicted or sentenced to supervision therein as follows:
HB1141 Enrolled -20- LRB9004308DJbd
1 (A) Felony complaints, $80.
2 (B) Misdemeanor complaints, $50.
3 (C) Business offense complaints, $50.
4 (D) Petty offense complaints, $50.
5 (E) Minor traffic or ordinance violations,
6 $20.
7 (F) When court appearance required, $30.
8 (G) Motions to vacate or amend final orders,
9 $20.
10 (H) Motions to vacate bond forfeiture orders,
11 $20.
12 (I) Motions to vacate ex parte judgments,
13 whenever filed, $20.
14 (J) Motions to vacate judgment on forfeitures,
15 whenever filed, $20.
16 (K) Motions to vacate "failure to appear" or
17 "failure to comply" notices sent to the Secretary of
18 State, $20.
19 (2) In counties having a population in excess of
20 180,000 but not more than 650,000 inhabitants, when the
21 violation complaint is issued by a municipal police
22 department, the clerk shall be entitled to costs from
23 each person convicted therein as follows:
24 (A) Minor traffic or ordinance violations,
25 $10.
26 (B) When court appearance required, $15.
27 (3) In ordinance violation cases punishable by fine
28 only, the clerk of the circuit court shall be entitled to
29 receive, unless the fee is excused upon a finding by the
30 court that the defendant is indigent, in addition to
31 other fees or costs allowed or imposed by law, the sum of
32 $50 as a fee for the services of a jury. The jury fee
33 shall be paid by the defendant at the time of filing his
34 or her jury demand. If the fee is not so paid by the
HB1141 Enrolled -21- LRB9004308DJbd
1 defendant, no jury shall be called, and the case shall be
2 tried by the court without a jury.
3 (x) Transcripts of Judgment.
4 For the filing of a transcript of judgment, the
5 clerk shall be entitled to the same fee as if it were the
6 commencement of a new suit.
7 (y) Change of Venue.
8 (1) For the filing of a change of case on a change
9 of venue, the clerk shall be entitled to the same fee as
10 if it were the commencement of a new suit.
11 (2) The fee for the preparation and certification
12 of a record on a change of venue to another jurisdiction,
13 when original documents are forwarded, $25.
14 (z) Tax objection complaints.
15 For each tax objection complaint containing one or
16 more tax objections, regardless of the number of parcels
17 involved or the number of taxpayers joining on the
18 complaint, $25.
19 (aa) Tax Deeds.
20 (1) Petition for tax deed, if only one parcel is
21 involved, $150.
22 (2) For each additional parcel, add a fee of $50.
23 (bb) Collections.
24 (1) For all collections made of others, except the
25 State and county and except in maintenance or child
26 support cases, a sum equal to 2.5% of the amount
27 collected and turned over.
28 (2) Interest earned on any funds held by the clerk
29 shall be turned over to the county general fund as an
30 earning of the office.
31 (3) For any check, draft, or other bank instrument
32 returned to the clerk for non-sufficient funds, account
33 closed, or payment stopped, $25.
34 (4) In child support and maintenance cases, the
HB1141 Enrolled -22- LRB9004308DJbd
1 clerk, if authorized by an ordinance of the county board,
2 may collect an annual fee of up to $36 from the person
3 making payment for administering the collection and
4 distribution of maintenance and child support payments.
5 This fee shall be in addition to and separate from
6 amounts ordered to be paid as maintenance or child
7 support and shall be deposited into a Separate
8 Maintenance and Child Support Collection Fund, of which
9 the clerk shall be the custodian, ex-officio, to be used
10 by the clerk to further maintenance and child supports in
11 his or her office. The clerk may recover from the person
12 making the maintenance or child support payment any
13 additional cost incurred in the collection of this annual
14 fee.
15 The clerk shall also be entitled to a fee of $5 for
16 certifications made to the Secretary of State as provided
17 in Section 7-703 of the Family Financial Responsibility
18 Law and these fees shall also be deposited into the
19 Separate Maintenance and Child Support Collection Fund.
20 (cc) Corrections of Numbers.
21 For correction of the case number, case title, or
22 attorney computer identification number, if required by
23 rule of court, on any document filed in the clerk's
24 office, to be charged against the party that filed the
25 document, $15.
26 (dd) Exceptions.
27 (1) The fee requirements of this Section shall not
28 apply to police departments or other law enforcement
29 agencies. In this Section, "law enforcement agency"
30 means an agency of the State or a unit of local
31 government which is vested by law or ordinance with the
32 duty to maintain public order and to enforce criminal
33 laws or ordinances. "Law enforcement agency" also means
34 the Attorney General or any state's attorney.
HB1141 Enrolled -23- LRB9004308DJbd
1 (2) No fee provided herein shall be charged to any
2 unit of local government or school district.
3 (3) The fee requirements of this Section shall not
4 apply to any action instituted under subsection (b) of
5 Section 11-31-1 of the Illinois Municipal Code by a
6 private owner or tenant of real property within 1200 feet
7 of a dangerous or unsafe building seeking an order
8 compelling the owner or owners of the building to take
9 any of the actions authorized under that subsection.
10 (ee) Adoptions.
11 (1) For an adoption.............................$65
12 (2) Upon good cause shown, the court may waive the
13 adoption filing fee in a special needs adoption. The
14 term "special needs adoption" shall have the meaning
15 ascribed to it by the Illinois Department of Children and
16 Family Services.
17 (ff) Adoption exemptions.
18 No fee other than that set forth in subsection (ee)
19 shall be charged to any person in connection with an
20 adoption proceeding.
21 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
22 7-1-96; 89-593, eff. 8-1-96.)
23 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
24 Sec. 27.2. The fees of the clerks of the circuit court
25 in all counties having a population in excess of 650,000
26 inhabitants but less than 3,000,000 inhabitants in the
27 instances described in this Section shall be as provided in
28 this Section. In addition, the fees provided in this Section
29 shall apply to all units of local government and school
30 districts in counties with more than 3,000,000 inhabitants.
31 The fees shall be paid in advance and shall be as follows:
32 (a) Civil Cases.
33 The fee for filing a complaint, petition, or other
HB1141 Enrolled -24- LRB9004308DJbd
1 pleading initiating a civil action, with the following
2 exceptions, shall be $150.
3 (A) When the amount of money or damages or the
4 value of personal property claimed does not exceed
5 $250, $10.
6 (B) When that amount exceeds $250 but does not
7 exceed $500, $20.
8 (C) When that amount exceeds $500 but does not
9 exceed $2500, $30.
10 (D) When that amount exceeds $2500 but does
11 not exceed $15,000, $75.
12 (E) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (b) Forcible Entry and Detainer.
18 In each forcible entry and detainer case when the
19 plaintiff seeks possession only or unites with his or her
20 claim for possession of the property a claim for rent or
21 damages or both in the amount of $15,000 or less, $40.
22 When the plaintiff unites his or her claim for possession
23 with a claim for rent or damages or both exceeding
24 $15,000, $150.
25 (c) Counterclaim or Joining Third Party Defendant.
26 When any defendant files a counterclaim as part of
27 his or her answer or otherwise or joins another party as
28 a third party defendant, or both, the defendant shall pay
29 a fee for each counterclaim or third party action in an
30 amount equal to the fee he or she would have had to pay
31 had he or she brought a separate action for the relief
32 sought in the counterclaim or against the third party
33 defendant, less the amount of the appearance fee, if that
34 has been paid.
HB1141 Enrolled -25- LRB9004308DJbd
1 (d) Confession of Judgment.
2 In a confession of judgment when the amount does not
3 exceed $1500, $50. When the amount exceeds $1500, but
4 does not exceed $15,000, $115. When the amount exceeds
5 $15,000, $200.
6 (e) Appearance.
7 The fee for filing an appearance in each civil case
8 shall be $50, except as follows:
9 (A) When the plaintiff in a forcible entry and
10 detainer case seeks possession only; $20.
11 (B) When the amount in the case does not
12 exceed $1500, $20.
13 (C) When that amount exceeds $1500 but does
14 not exceed $15,000, $40.
15 (f) Garnishment, Wage Deduction, and Citation.
16 In garnishment affidavit, wage deduction affidavit,
17 and citation petition when the amount does not exceed
18 $1,000, $10; when the amount exceeds $1,000 but does not
19 exceed $5,000, $20; and when the amount exceeds $5,000,
20 $30.
21 (g) Petition to Vacate or Modify.
22 (1) Petition to vacate or modify any final judgment
23 or order of court, except in forcible entry and detainer
24 cases and small claims cases or a petition to reopen an
25 estate, to modify, terminate, or enforce a judgment or
26 order for child or spousal support, or to modify,
27 suspend, or terminate an order for withholding, if filed
28 before 30 days after the entry of the judgment or order,
29 $40.
30 (2) Petition to vacate or modify any final judgment
31 or order of court, except a petition to modify,
32 terminate, or enforce a judgment or order for child or
33 spousal support or to modify, suspend, or terminate an
34 order for withholding, if filed later than 30 days after
HB1141 Enrolled -26- LRB9004308DJbd
1 the entry of the judgment or order, $60.
2 (3) Petition to vacate order of bond forfeiture,
3 $20.
4 (h) Mailing.
5 When the clerk is required to mail, the fee will be
6 $6, plus the cost of postage.
7 (i) Certified Copies.
8 Each certified copy of a judgment after the first,
9 except in small claims and forcible entry and detainer
10 cases, $10.
11 (j) Habeas Corpus.
12 For filing a petition for relief by habeas corpus,
13 $80.
14 (k) Certification, Authentication, and Reproduction.
15 (1) Each certification or authentication for taking
16 the acknowledgment of a deed or other instrument in
17 writing with the seal of office, $4.
18 (2) Court appeals when original documents are
19 forwarded, under 100 pages, plus delivery and costs, $50.
20 (3) Court appeals when original documents are
21 forwarded, over 100 pages, plus delivery and costs, $120.
22 (4) Court appeals when original documents are
23 forwarded, over 200 pages, an additional fee of 20 cents
24 per page.
25 (5) For reproduction of any document contained in
26 the clerk's files:
27 (A) First page, $2.
28 (B) Next 19 pages, 50 cents per page.
29 (C) All remaining pages, 25 cents per page.
30 (l) Remands.
31 In any cases remanded to the Circuit Court from the
32 Supreme Court or the Appellate Court for a new trial, the
33 clerk shall file the remanding order and reinstate the
34 case with either its original number or a new number.
HB1141 Enrolled -27- LRB9004308DJbd
1 The Clerk shall not charge any new or additional fee for
2 the reinstatement. Upon reinstatement the Clerk shall
3 advise the parties of the reinstatement. A party shall
4 have the same right to a jury trial on remand and
5 reinstatement as he or she had before the appeal, and no
6 additional or new fee or charge shall be made for a jury
7 trial after remand.
8 (m) Record Search.
9 For each record search, within a division or
10 municipal district, the clerk shall be entitled to a
11 search fee of $4 for each year searched.
12 (n) Hard Copy.
13 For each page of hard copy print output, when case
14 records are maintained on an automated medium, the clerk
15 shall be entitled to a fee of $4.
16 (o) Index Inquiry and Other Records.
17 No fee shall be charged for a single
18 plaintiff/defendant index inquiry or single case record
19 inquiry when this request is made in person and the
20 records are maintained in a current automated medium, and
21 when no hard copy print output is requested. The fees to
22 be charged for management records, multiple case records,
23 and multiple journal records may be specified by the
24 Chief Judge pursuant to the guidelines for access and
25 dissemination of information approved by the Supreme
26 Court.
27 (p) Commitment Petitions.
28 For filing commitment petitions under the Mental
29 Health and Developmental Disabilities Code, $25.
30 (q) Alias Summons.
31 For each alias summons or citation issued by the
32 clerk, $4.
33 (r) Other Fees.
34 Any fees not covered in this Section shall be set by
HB1141 Enrolled -28- LRB9004308DJbd
1 rule or administrative order of the Circuit Court with
2 the approval of the Administrative Office of the Illinois
3 Courts.
4 The clerk of the circuit court may provide
5 additional services for which there is no fee specified
6 by statute in connection with the operation of the
7 clerk's office as may be requested by the public and
8 agreed to by the clerk and approved by the chief judge of
9 the circuit court. Any charges for additional services
10 shall be as agreed to between the clerk and the party
11 making the request and approved by the chief judge of the
12 circuit court. Nothing in this subsection shall be
13 construed to require any clerk to provide any service not
14 otherwise required by law.
15 (s) Jury Services.
16 The clerk shall be entitled to receive, in addition
17 to other fees allowed by law, the sum of $180, as a fee
18 for the services of a jury in every civil action not
19 quasi-criminal in its nature and not a proceeding for the
20 exercise of the right of eminent domain and in every
21 other action wherein the right of trial by jury is or may
22 be given by law. The jury fee shall be paid by the party
23 demanding a jury at the time of filing the jury demand.
24 If the fee is not paid by either party, no jury shall be
25 called in the action or proceeding, and the same shall be
26 tried by the court without a jury.
27 (t) Voluntary Assignment.
28 For filing each deed of voluntary assignment, $10;
29 for recording the same, 25¢ for each 100 words.
30 Exceptions filed to claims presented to an assignee of a
31 debtor who has made a voluntary assignment for the
32 benefit of creditors shall be considered and treated, for
33 the purpose of taxing costs therein, as actions in which
34 the party or parties filing the exceptions shall be
HB1141 Enrolled -29- LRB9004308DJbd
1 considered as party or parties plaintiff, and the
2 claimant or claimants as party or parties defendant, and
3 those parties respectively shall pay to the clerk the
4 same fees as provided by this Section to be paid in other
5 actions.
6 (u) Expungement Petition.
7 The clerk shall be entitled to receive a fee of $30
8 for each expungement petition filed and an additional fee
9 of $2 for each certified copy of an order to expunge
10 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, or
15 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,
18 $100, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $25.
23 (B) When (i) proof of heirship alone is made,
24 (ii) a domestic or foreign will is admitted to
25 probate without administration (including proof of
26 heirship), or (iii) letters of office are issued for
27 a particular purpose without administration of the
28 estate, the fee shall be $25.
29 (2) For administration of the estate of a ward,
30 $50, plus the fees specified in subsection (v)(3),
31 except:
32 (A) When the value of the real and personal
33 property does not exceed $15,000, the fee shall be
34 $25.
HB1141 Enrolled -30- LRB9004308DJbd
1 (B) When (i) letters of office are issued to a
2 guardian of the person, but not of the estate or
3 (ii) letters of office are issued in the estate of a
4 ward without administration of the estate, including
5 filing or joining in the filing of a tax return or
6 releasing a mortgage or consenting to the marriage
7 of the ward, the fee shall be $10.
8 (3) In addition to the fees payable under
9 subsection (v)(1) or (v)(2) of this Section, the
10 following fees are payable:
11 (A) For each account (other than one final
12 account) filed in the estate of a decedent, or ward,
13 $15.
14 (B) For filing a claim in an estate when the
15 amount claimed is $150 or more but less than $500,
16 $10; when the amount claimed is $500 or more but
17 less than $10,000, $25; when the amount claimed is
18 $10,000 or more, $40; provided that the court in
19 allowing a claim may add to the amount allowed the
20 filing fee paid by the claimant.
21 (C) For filing in an estate a claim, petition,
22 or supplemental proceeding based upon an action
23 seeking equitable relief including the construction
24 or contest of a will, enforcement of a contract to
25 make a will, and proceedings involving testamentary
26 trusts or the appointment of testamentary trustees,
27 $40.
28 (D) For filing in an estate (i) the appearance
29 of any person for the purpose of consent or (ii) the
30 appearance of an executor, administrator,
31 administrator to collect, guardian, guardian ad
32 litem, or special administrator, no fee.
33 (E) Except as provided in subsection
34 (v)(3)(D), for filing the appearance of any person
HB1141 Enrolled -31- LRB9004308DJbd
1 or persons, $10.
2 (F) For each jury demand, $90.
3 (G) For disposition of the collection of a
4 judgment or settlement of an action or claim for
5 wrongful death of a decedent or of any cause of
6 action of a ward, when there is no other
7 administration of the estate, $30, less any amount
8 paid under subsection (v)(1)(B) or (v)(2)(B) except
9 that if the amount involved does not exceed $5,000,
10 the fee, including any amount paid under subsection
11 (v)(1)(B) or (v)(2)(B), shall be $10.
12 (H) For each certified copy of letters of
13 office, of court order or other certification, $1,
14 plus 50¢ per page in excess of 3 pages for the
15 document certified.
16 (I) For each exemplification, $1, plus the fee
17 for certification.
18 (4) The executor, administrator, guardian,
19 petitioner, or other interested person or his or her
20 attorney shall pay the cost of publication by the clerk
21 directly to the newspaper.
22 (5) The person on whose behalf a charge is incurred
23 for witness, court reporter, appraiser, or other
24 miscellaneous fee shall pay the same directly to the
25 person entitled thereto.
26 (6) The executor, administrator, guardian,
27 petitioner, or other interested person or his attorney
28 shall pay to the clerk all postage charges incurred by
29 the clerk in mailing petitions, orders, notices, or other
30 documents pursuant to the provisions of the Probate Act
31 of 1975.
32 (w) Criminal and Quasi-Criminal Costs and Fees.
33 (1) The clerk shall be entitled to costs in all
34 criminal and quasi-criminal cases from each person
HB1141 Enrolled -32- LRB9004308DJbd
1 convicted or sentenced to supervision therein as follows:
2 (A) Felony complaints, $80.
3 (B) Misdemeanor complaints, $50.
4 (C) Business offense complaints, $50.
5 (D) Petty offense complaints, $50.
6 (E) Minor traffic or ordinance violations,
7 $20.
8 (F) When court appearance required, $30.
9 (G) Motions to vacate or amend final orders,
10 $20.
11 (H) Motions to vacate bond forfeiture orders,
12 $20.
13 (I) Motions to vacate ex parte judgments,
14 whenever filed, $20.
15 (J) Motions to vacate judgment on forfeitures,
16 whenever filed, $20.
17 (K) Motions to vacate "failure to appear" or
18 "failure to comply" notices sent to the Secretary of
19 State, $20.
20 (2) In counties having a population of more than
21 650,000 but fewer than 3,000,000 inhabitants, when the
22 violation complaint is issued by a municipal police
23 department, the clerk shall be entitled to costs from
24 each person convicted therein as follows:
25 (A) Minor traffic or ordinance violations,
26 $10.
27 (B) When court appearance required, $15.
28 (3) In ordinance violation cases punishable by fine
29 only, the clerk of the circuit court shall be entitled to
30 receive, unless the fee is excused upon a finding by the
31 court that the defendant is indigent, in addition to
32 other fees or costs allowed or imposed by law, the sum of
33 $50 as a fee for the services of a jury. The jury fee
34 shall be paid by the defendant at the time of filing his
HB1141 Enrolled -33- LRB9004308DJbd
1 or her jury demand. If the fee is not so paid by the
2 defendant, no jury shall be called, and the case shall be
3 tried by the court without a jury.
4 (x) Transcripts of Judgment.
5 For the filing of a transcript of judgment, the
6 clerk shall be entitled to the same fee as if it were the
7 commencement of new suit.
8 (y) Change of Venue.
9 (1) For the filing of a change of case on a change
10 of venue, the clerk shall be entitled to the same fee as
11 if it were the commencement of a new suit.
12 (2) The fee for the preparation and certification
13 of a record on a change of venue to another jurisdiction,
14 when original documents are forwarded, $25.
15 (z) Tax objection complaints.
16 For each tax objection complaint containing one or
17 more tax objections, regardless of the number of parcels
18 involved or the number of taxpayers joining in the
19 complaint, $25.
20 (aa) Tax Deeds.
21 (1) Petition for tax deed, if only one parcel is
22 involved, $150.
23 (2) For each additional parcel, add a fee of $50.
24 (bb) Collections.
25 (1) For all collections made of others, except the
26 State and county and except in maintenance or child
27 support cases, a sum equal to 2.5% of the amount
28 collected and turned over.
29 (2) Interest earned on any funds held by the clerk
30 shall be turned over to the county general fund as an
31 earning of the office.
32 (3) For any check, draft, or other bank instrument
33 returned to the clerk for non-sufficient funds, account
34 closed, or payment stopped, $25.
HB1141 Enrolled -34- LRB9004308DJbd
1 (4) In child support and maintenance cases, the
2 clerk, if authorized by an ordinance of the county board,
3 may collect an annual fee of up to $36 from the person
4 making payment for administering the collection and
5 distribution of maintenance and child support payments.
6 This fee shall be in addition to and separate from
7 amounts ordered to be paid as maintenance or child
8 support and shall be deposited into a Separate
9 Maintenance and Child Support Collection Fund, of which
10 the clerk shall be the custodian, ex-officio, to be used
11 by the clerk to further maintenance and child supports in
12 his or her office. The clerk may recover from the person
13 making the maintenance or child support payment any
14 additional cost incurred in the collection of this annual
15 fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, $15.
27 (dd) Exceptions.
28 The fee requirements of this Section shall not apply
29 to police departments or other law enforcement agencies.
30 In this Section, "law enforcement agency" means an agency
31 of the State or a unit of local government which is
32 vested by law or ordinance with the duty to maintain
33 public order and to enforce criminal laws or ordinances.
34 "Law enforcement agency" also means the Attorney General
HB1141 Enrolled -35- LRB9004308DJbd
1 or any state's attorney. The fee requirements of this
2 Section shall not apply to any action instituted under
3 subsection (b) of Section 11-31-1 of the Illinois
4 Municipal Code by a private owner or tenant of real
5 property within 1200 feet of a dangerous or unsafe
6 building seeking an order compelling the owner or owners
7 of the building to take any of the actions authorized
8 under that subsection.
9 (ee) Adoptions.
10 (1) For an adoption.............................$65
11 (2) Upon good cause shown, the court may waive the
12 adoption filing fee in a special needs adoption. The
13 term "special needs adoption" shall have the meaning
14 ascribed to it by the Illinois Department of Children and
15 Family Services.
16 (ff) Adoption exemptions.
17 No fee other than that set forth in subsection (ee)
18 shall be charged to any person in connection with an
19 adoption proceeding.
20 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
21 7-1-96; 89-593, eff. 8-1-96.)
22 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
23 Sec. 27.2a. The fees of the clerks of the circuit court
24 in all counties having a population of 3,000,000 or more
25 inhabitants in the instances described in this Section shall
26 be as provided in this Section. The fees shall be paid in
27 advance and shall be as follows:
28 (a) Civil Cases.
29 The fee for filing a complaint, petition, or other
30 pleading initiating a civil action, with the following
31 exceptions, shall be $190.
32 (A) When the amount of money or damages or the
33 value of personal property claimed does not exceed
HB1141 Enrolled -36- LRB9004308DJbd
1 $250, $15.
2 (B) When that amount exceeds $250 but does not
3 exceed $1000, $40.
4 (C) When that amount exceeds $1000 but does
5 not exceed $2500, $50.
6 (D) When that amount exceeds $2500 but does
7 not exceed $5000, $100.
8 (E) When that amount exceeds $5000 but does
9 not exceed $15,000, $150.
10 (F) For the exercise of eminent domain, $150.
11 For each additional lot or tract of land or right or
12 interest therein subject to be condemned, the
13 damages in respect to which shall require separate
14 assessment by a jury, $150.
15 (b) Forcible Entry and Detainer.
16 In each forcible entry and detainer case when the
17 plaintiff seeks possession only or unites with his or her
18 claim for possession of the property a claim for rent or
19 damages or both in the amount of $15,000 or less, $75.
20 When the plaintiff unites his or her claim for possession
21 with a claim for rent or damages or both exceeding
22 $15,000, $225.
23 (c) Counterclaim or Joining Third Party Defendant.
24 When any defendant files a counterclaim as part of
25 his or her answer or otherwise or joins another party as
26 a third party defendant, or both, the defendant shall pay
27 a fee for each counterclaim or third party action in an
28 amount equal to the fee he or she would have had to pay
29 had he or she brought a separate action for the relief
30 sought in the counterclaim or against the third party
31 defendant, less the amount of the appearance fee, if that
32 has been paid.
33 (d) Confession of Judgment.
34 In a confession of judgment when the amount does not
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1 exceed $1500, $60. When the amount exceeds $1500, but
2 does not exceed $5000, $75. When the amount exceeds
3 $5000, but does not exceed $15,000, $175. When the amount
4 exceeds $15,000, $250.
5 (e) Appearance.
6 The fee for filing an appearance in each civil case
7 shall be $75, except as follows:
8 (A) When the plaintiff in a forcible entry and
9 detainer case seeks possession only, $40.
10 (B) When the amount in the case does not
11 exceed $1500, $40.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, $60.
14 (f) Garnishment, Wage Deduction, and Citation.
15 In garnishment affidavit, wage deduction affidavit,
16 and citation petition when the amount does not exceed
17 $1,000, $15; when the amount exceeds $1,000 but does not
18 exceed $5,000, $30; and when the amount exceeds $5,000,
19 $50.
20 (g) Petition to Vacate or Modify.
21 (1) Petition to vacate or modify any final judgment
22 or order of court, except in forcible entry and detainer
23 cases and small claims cases or a petition to reopen an
24 estate, to modify, terminate, or enforce a judgment or
25 order for child or spousal support, or to modify,
26 suspend, or terminate an order for withholding, if filed
27 before 30 days after the entry of the judgment or order,
28 $50.
29 (2) Petition to vacate or modify any final judgment
30 or order of court, except a petition to modify,
31 terminate, or enforce a judgment or order for child or
32 spousal support or to modify, suspend, or terminate an
33 order for withholding, if filed later than 30 days after
34 the entry of the judgment or order, $75.
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1 (3) Petition to vacate order of bond forfeiture,
2 $40.
3 (h) Mailing.
4 When the clerk is required to mail, the fee will be
5 $10, plus the cost of postage.
6 (i) Certified Copies.
7 Each certified copy of a judgment after the first,
8 except in small claims and forcible entry and detainer
9 cases, $15.
10 (j) Habeas Corpus.
11 For filing a petition for relief by habeas corpus,
12 $125.
13 (k) Certification, Authentication, and Reproduction.
14 (1) Each certification or authentication for taking
15 the acknowledgment of a deed or other instrument in
16 writing with the seal of office, $6.
17 (2) Court appeals when original documents are
18 forwarded, under 100 pages, plus delivery and costs, $75.
19 (3) Court appeals when original documents are
20 forwarded, over 100 pages, plus delivery and costs, $150.
21 (4) Court appeals when original documents are
22 forwarded, over 200 pages, an additional fee of 25 cents
23 per page.
24 (5) For reproduction of any document contained in
25 the clerk's files:
26 (A) First page, $2.
27 (B) Next 19 pages, 50 cents per page.
28 (C) All remaining pages, 25 cents per page.
29 (l) Remands.
30 In any cases remanded to the Circuit Court from the
31 Supreme Court or the Appellate Court for a new trial, the
32 clerk shall file the remanding order and reinstate the
33 case with either its original number or a new number.
34 The Clerk shall not charge any new or additional fee for
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1 the reinstatement. Upon reinstatement the Clerk shall
2 advise the parties of the reinstatement. A party shall
3 have the same right to a jury trial on remand and
4 reinstatement as he or she had before the appeal, and no
5 additional or new fee or charge shall be made for a jury
6 trial after remand.
7 (m) Record Search.
8 For each record search, within a division or
9 municipal district, the clerk shall be entitled to a
10 search fee of $6 for each year searched.
11 (n) Hard Copy.
12 For each page of hard copy print output, when case
13 records are maintained on an automated medium, the clerk
14 shall be entitled to a fee of $6.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code, $50.
29 (q) Alias Summons.
30 For each alias summons or citation issued by the
31 clerk, $5.
32 (r) Other Fees.
33 Any fees not covered in this Section shall be set by
34 rule or administrative order of the Circuit Court with
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1 the approval of the Administrative Office of the Illinois
2 Courts.
3 The clerk of the circuit court may provide
4 additional services for which there is no fee specified
5 by statute in connection with the operation of the
6 clerk's office as may be requested by the public and
7 agreed to by the clerk and approved by the chief judge of
8 the circuit court. Any charges for additional services
9 shall be as agreed to between the clerk and the party
10 making the request and approved by the chief judge of the
11 circuit court. Nothing in this subsection shall be
12 construed to require any clerk to provide any service not
13 otherwise required by law.
14 (s) Jury Services.
15 The clerk shall be entitled to receive, in addition
16 to other fees allowed by law, the sum of $200, as a fee
17 for the services of a jury in every civil action not
18 quasi-criminal in its nature and not a proceeding for the
19 exercise of the right of eminent domain and in every
20 other action wherein the right of trial by jury is or may
21 be given by law. The jury fee shall be paid by the party
22 demanding a jury at the time of filing the jury demand.
23 If the fee is not paid by either party, no jury shall be
24 called in the action or proceeding, and the same shall be
25 tried by the court without a jury.
26 (t) Voluntary Assignment.
27 For filing each deed of voluntary assignment, $20;
28 for recording the same, 50¢ for each 100 words.
29 Exceptions filed to claims presented to an assignee of a
30 debtor who has made a voluntary assignment for the
31 benefit of creditors shall be considered and treated, for
32 the purpose of taxing costs therein, as actions in which
33 the party or parties filing the exceptions shall be
34 considered as party or parties plaintiff, and the
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1 claimant or claimants as party or parties defendant, and
2 those parties respectively shall pay to the clerk the
3 same fees as provided by this Section to be paid in other
4 actions.
5 (u) Expungement Petition.
6 The clerk shall be entitled to receive a fee of $60
7 for each expungement petition filed and an additional fee
8 of $4 for each certified copy of an order to expunge
9 arrest records.
10 (v) Probate.
11 The clerk is entitled to receive the fees specified in
12 this subsection (v), which shall be paid in advance, except
13 that, for good cause shown, the court may suspend, reduce, or
14 release the costs payable under this subsection:
15 (1) For administration of the estate of a decedent
16 (whether testate or intestate) or of a missing person,
17 $150, plus the fees specified in subsection (v)(3),
18 except:
19 (A) When the value of the real and personal
20 property does not exceed $15,000, the fee shall be
21 $40.
22 (B) When (i) proof of heirship alone is made,
23 (ii) a domestic or foreign will is admitted to
24 probate without administration (including proof of
25 heirship), or (iii) letters of office are issued for
26 a particular purpose without administration of the
27 estate, the fee shall be $40.
28 (2) For administration of the estate of a ward,
29 $75, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $40.
34 (B) When (i) letters of office are issued to a
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1 guardian of the person, but not of the estate or
2 (ii) letters of office are issued in the estate of a
3 ward without administration of the estate, including
4 filing or joining in the filing of a tax return or
5 releasing a mortgage or consenting to the marriage
6 of the ward, the fee shall be $20.
7 (3) In addition to the fees payable under
8 subsection (v)(1) or (v)(2) of this Section, the
9 following fees are payable:
10 (A) For each account (other than one final
11 account) filed in the estate of a decedent, or ward,
12 $25.
13 (B) For filing a claim in an estate when the
14 amount claimed is $150 or more but less than $500,
15 $20; when the amount claimed is $500 or more but
16 less than $10,000, $40; when the amount claimed is
17 $10,000 or more, $60; provided that the court in
18 allowing a claim may add to the amount allowed the
19 filing fee paid by the claimant.
20 (C) For filing in an estate a claim, petition,
21 or supplemental proceeding based upon an action
22 seeking equitable relief including the construction
23 or contest of a will, enforcement of a contract to
24 make a will, and proceedings involving testamentary
25 trusts or the appointment of testamentary trustees,
26 $60.
27 (D) For filing in an estate (i) the appearance
28 of any person for the purpose of consent or (ii) the
29 appearance of an executor, administrator,
30 administrator to collect, guardian, guardian ad
31 litem, or special administrator, no fee.
32 (E) Except as provided in subsection
33 (v)(3)(D), for filing the appearance of any person
34 or persons, $30.
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1 (F) For each jury demand, $125.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, $50, 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,
9 the fee, including any amount paid under subsection
10 (v)(1)(B) or (v)(2)(B), shall be $20.
11 (H) For each certified copy of letters of
12 office, of court order or other certification, $2,
13 plus $1 per page in excess of 3 pages for the
14 document certified.
15 (I) For each exemplification, $2, plus the fee
16 for certification.
17 (4) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay the cost of publication by the clerk
20 directly to the newspaper.
21 (5) The person on whose behalf a charge is incurred
22 for witness, court reporter, appraiser, or other
23 miscellaneous fee shall pay the same directly to the
24 person entitled thereto.
25 (6) The executor, administrator, guardian,
26 petitioner, or other interested person or his or her
27 attorney shall pay to the clerk all postage charges
28 incurred by the clerk in mailing petitions, orders,
29 notices, or other documents pursuant to the provisions of
30 the Probate Act of 1975.
31 (w) Criminal and Quasi-Criminal Costs and Fees.
32 (1) The clerk shall be entitled to costs in all
33 criminal and quasi-criminal cases from each person
34 convicted or sentenced to supervision therein as follows:
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1 (A) Felony complaints, $125.
2 (B) Misdemeanor complaints, $75.
3 (C) Business offense complaints, $75.
4 (D) Petty offense complaints, $75.
5 (E) Minor traffic or ordinance violations,
6 $30.
7 (F) When court appearance required, $50.
8 (G) Motions to vacate or amend final orders,
9 $40.
10 (H) Motions to vacate bond forfeiture orders,
11 $30.
12 (I) Motions to vacate ex parte judgments,
13 whenever filed, $30.
14 (J) Motions to vacate judgment on forfeitures,
15 whenever filed, $25.
16 (K) Motions to vacate "failure to appear" or
17 "failure to comply" notices sent to the Secretary of
18 State, $40.
19 (2) In counties having a population of 3,000,000 or
20 more, when the violation complaint is issued by a
21 municipal police department, the clerk shall be entitled
22 to costs from each person convicted therein as follows:
23 (A) Minor traffic or ordinance violations,
24 $30.
25 (B) When court appearance required, $50.
26 (3) In ordinance violation cases punishable by fine
27 only, the clerk of the circuit court shall be entitled to
28 receive, unless the fee is excused upon a finding by the
29 court that the defendant is indigent, in addition to
30 other fees or costs allowed or imposed by law, the sum of
31 $100 as a fee for the services of a jury. The jury fee
32 shall be paid by the defendant at the time of filing his
33 or her jury demand. If the fee is not so paid by the
34 defendant, no jury shall be called, and the case shall be
HB1141 Enrolled -45- LRB9004308DJbd
1 tried by the court without a jury.
2 (x) Transcripts of Judgment.
3 For the filing of a transcript of judgment, the
4 clerk shall be entitled to the same fee as if it were the
5 commencement of a new suit.
6 (y) Change of Venue.
7 (1) For the filing of a change of case on a change
8 of venue, the clerk shall be entitled to the same fee as
9 if it were the commencement of a new suit.
10 (2) The fee for the preparation and certification
11 of a record on a change of venue to another jurisdiction,
12 when original documents are forwarded, $40.
13 (z) Tax objection complaints.
14 For each tax objection complaint containing one or
15 more tax objections, regardless of the number of parcels
16 involved or the number of taxpayers joining in the
17 complaint, $50.
18 (aa) Tax Deeds.
19 (1) Petition for tax deed, if only one parcel is
20 involved, $250.
21 (2) For each additional parcel, add a fee of $100.
22 (bb) Collections.
23 (1) For all collections made of others, except the
24 State and county and except in maintenance or child
25 support cases, a sum equal to 3.0% of the amount
26 collected and turned over.
27 (2) Interest earned on any funds held by the clerk
28 shall be turned over to the county general fund as an
29 earning of the office.
30 (3) For any check, draft, or other bank instrument
31 returned to the clerk for non-sufficient funds, account
32 closed, or payment stopped, $25.
33 (4) In child support and maintenance cases, the
34 clerk, if authorized by an ordinance of the county board,
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1 may collect an annual fee of up to $36 from the person
2 making payment for administering the collection and
3 distribution of maintenance and child support payments.
4 This fee shall be in addition to and separate from
5 amounts ordered to be paid as maintenance or child
6 support and shall be deposited into a Separate
7 Maintenance and Child Support Collection Fund, of which
8 the clerk shall be the custodian, ex-officio, to be used
9 by the clerk to further maintenance and child supports in
10 his or her office. The clerk may recover from the person
11 making the maintenance or child support payment any
12 additional cost incurred in the collection of this annual
13 fee.
14 The clerk shall also be entitled to a fee of $5 for
15 certifications made to the Secretary of State as provided
16 in Section 7-703 of the Family Financial Responsibility
17 Law and these fees shall also be deposited into the
18 Separate Maintenance and Child Support Collection Fund.
19 (cc) Corrections of Numbers.
20 For correction of the case number, case title, or
21 attorney computer identification number, if required by
22 rule of court, on any document filed in the clerk's
23 office, to be charged against the party that filed the
24 document, $25.
25 (dd) Exceptions.
26 (1) The fee requirements of this Section shall not
27 apply to police departments or other law enforcement
28 agencies. In this Section, "law enforcement agency"
29 means an agency of the State or a unit of local
30 government which is vested by law or ordinance with the
31 duty to maintain public order and to enforce criminal
32 laws or ordinances. "Law enforcement agency" also means
33 the Attorney General or any state's attorney.
34 (2) No fee provided herein shall be charged to any
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1 unit of local government or school district. The fee
2 requirements of this Section shall not apply to any
3 action instituted under subsection (b) of Section 11-31-1
4 of the Illinois Municipal Code by a private owner or
5 tenant of real property within 1200 feet of a dangerous
6 or unsafe building seeking an order compelling the owner
7 or owners of the building to take any of the actions
8 authorized under that subsection.
9 (ee) Adoption.
10 (1) For an adoption.............................$65
11 (2) Upon good cause shown, the court may waive the
12 adoption filing fee in a special needs adoption. The
13 term "special needs adoption" shall have the meaning
14 ascribed to it by the Illinois Department of Children and
15 Family Services.
16 (ff) Adoption exemptions.
17 No fee other than that set forth in subsection (ee)
18 shall be charged to any person in connection with an
19 adoption proceeding.
20 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
21 7-1-96; 89-593, eff. 8-1-96.)
22 Section 10. The Illinois Marriage and Dissolution of
23 Marriage Act is amended by adding Section 706.3 as follows:
24 (750 ILCS 5/706.3 new)
25 Sec. 706.3. Information concerning obligors.
26 (a) In this Section:
27 "Arrearage", "delinquency", "obligor", and "order for
28 support" have the meanings attributed to those terms in
29 Section 706.1 of this Act.
30 "Consumer reporting agency" has the meaning attributed to
31 that term in Section 603(f) of the Fair Credit Reporting Act,
32 15 U.S.C. 1681a(f).
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1 (b) Whenever a court of competent jurisdiction finds
2 that an obligor either owes an arrearage of more than $10,000
3 or is delinquent in payment of an amount equal to at least 3
4 months' support obligation pursuant to an order for support,
5 the court shall direct the clerk of the court to make
6 information concerning the obligor available to consumer
7 reporting agencies.
8 (c) Whenever a court of competent jurisdiction finds
9 that an obligor either owes an arrearage of more than $10,000
10 or is delinquent in payment of an amount equal to at least 3
11 months' support obligation pursuant to an order for support,
12 the court shall direct the clerk of the court to cause the
13 obligor's name and address to be published in a newspaper of
14 general circulation in the area in which the obligor resides.
15 The clerk shall cause the obligor's name and address to be
16 published only after sending to the obligor at the obligor's
17 last known address, by certified mail, return receipt
18 requested, a notice of intent to publish the information.
19 This subsection (c) applies only if the obligor resides in
20 the county in which the clerk of the court holds office.
21 Section 15. The Non-Support of Spouse and Children Act
22 is amended by adding Section 4.2 as follows:
23 (750 ILCS 15/4.2 new)
24 Sec. 4.2. Information concerning obligors.
25 (a) In this Section:
26 "Arrearage", "delinquency", "obligor", and "order for
27 support" have the meanings attributed to those terms in
28 Section 4.1 of this Act.
29 "Consumer reporting agency" has the meaning attributed to
30 that term in Section 603(f) of the Fair Credit Reporting Act,
31 15 U.S.C. 1681a(f).
32 (b) Whenever a court of competent jurisdiction finds
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1 that an obligor either owes an arrearage of more than $10,000
2 or is delinquent in payment of an amount equal to at least 3
3 months' support obligation pursuant to an order for support,
4 the court shall direct the clerk of the court to make
5 information concerning the obligor available to consumer
6 reporting agencies.
7 (c) Whenever a court of competent jurisdiction finds
8 that an obligor either owes an arrearage of more than $10,000
9 or is delinquent in payment of an amount equal to at least 3
10 months' support obligation pursuant to an order for support,
11 the court shall direct the clerk of the court to cause the
12 obligor's name and address to be published in a newspaper of
13 general circulation in the area in which the obligor resides.
14 The clerk shall cause the obligor's name and address to be
15 published only after sending to the obligor at the obligor's
16 last known address, by certified mail, return receipt
17 requested, a notice of intent to publish the information.
18 This subsection (c) applies only if the obligor resides in
19 the county in which the clerk of the court holds office.
20 Section 25. The Illinois Parentage Act of 1984 is
21 amended by adding Section 20.5 as follows:
22 (750 ILCS 45/20.5 new)
23 Sec. 20.5. Information concerning obligors.
24 (a) In this Section:
25 "Arrearage", "delinquency", "obligor", and "order for
26 support" have the meanings attributed to those terms in
27 Section 20 of this Act.
28 "Consumer reporting agency" has the meaning attributed to
29 that term in Section 603(f) of the Fair Credit Reporting Act,
30 15 U.S.C. 1681a(f).
31 (b) Whenever a court of competent jurisdiction finds
32 that an obligor either owes an arrearage of more than $10,000
HB1141 Enrolled -50- LRB9004308DJbd
1 or is delinquent in payment of an amount equal to at least 3
2 months' support obligation pursuant to an order for support,
3 the court shall direct the clerk of the court to make
4 information concerning the obligor available to consumer
5 reporting agencies.
6 (c) Whenever a court of competent jurisdiction finds
7 that an obligor either owes an arrearage of more than $10,000
8 or is delinquent in payment of an amount equal to at least 3
9 months' support obligation pursuant to an order for support,
10 the court shall direct the clerk of the court to cause the
11 obligor's name and address to be published in a newspaper of
12 general circulation in the area in which the obligor resides.
13 The clerk shall cause the obligor's name and address to be
14 published only after sending to the obligor at the obligor's
15 last known address, by certified mail, return receipt
16 requested, a notice of intent to publish the information.
17 This subsection (c) applies only if the obligor resides in
18 the county in which the clerk of the court holds office.
19 Section 99. Effective date. This Section and the
20 changes to Sections 27.1, 27.1a, 27.2, and 27.2a of the
21 Clerks of Courts Act take effect upon becoming law.