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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COUNTIES
(55 ILCS 5/) Counties Code.

55 ILCS 5/Div. 4-5

 
    (55 ILCS 5/Div. 4-5 heading)
Division 4-5. Sheriff's Fees - First
and Second Class Counties

55 ILCS 5/4-5001

    (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
    (Text of Section before amendment by P.A. 100-173)
    Sec. 4-5001. Sheriffs; counties of first and second class. The fees of sheriffs in counties of the first and second class, except when increased by county ordinance under this Section, shall be as follows:
    For serving or attempting to serve summons on each defendant in each county, $10.
    For serving or attempting to serve an order or judgment granting injunctional relief in each county, $10.
    For serving or attempting to serve each garnishee in each county, $10.
    For serving or attempting to serve an order for replevin in each county, $10.
    For serving or attempting to serve an order for attachment on each defendant in each county, $10.
    For serving or attempting to serve a warrant of arrest, $8, to be paid upon conviction.
    For returning a defendant from outside the State of Illinois, upon conviction, the court shall assess, as court costs, the cost of returning a defendant to the jurisdiction.
    For taking special bail, $1 in each county.
    For serving or attempting to serve a subpoena on each witness, in each county, $10.
    For advertising property for sale, $5.
    For returning each process, in each county, $5.
    Mileage for each mile of necessary travel to serve any such process as Stated above, calculating from the place of holding court to the place of residence of the defendant, or witness, 50 each way.
    For summoning each juror, $3 with 30 mileage each way in all counties.
    For serving or attempting to serve notice of judgments or levying to enforce a judgment, $3 with 50 mileage each way in all counties.
    For taking possession of and removing property levied on, the officer shall be allowed to tax the actual cost of such possession or removal.
    For feeding each prisoner, such compensation to cover the actual cost as may be fixed by the county board, but such compensation shall not be considered a part of the fees of the office.
    For attending before a court with prisoner, on an order for habeas corpus, in each county, $10 per day.
    For attending before a court with a prisoner in any criminal proceeding, in each county, $10 per day.
    For each mile of necessary travel in taking such prisoner before the court as Stated above, 15 a mile each way.
    For serving or attempting to serve an order or judgment for the possession of real estate in an action of ejectment or in any other action, or for restitution in an action of forcible entry and detainer without aid, $10 and when aid is necessary, the sheriff shall be allowed to tax in addition the actual costs thereof, and for each mile of necessary travel, 50 each way.
    For executing and acknowledging a deed of sale of real estate, in counties of first class, $4; second class, $4.
    For preparing, executing and acknowledging a deed on redemption from a court sale of real estate in counties of first class, $5; second class, $5.
    For making certificates of sale, and making and filing duplicate, in counties of first class, $3; in counties of the second class, $3.
    For making certificate of redemption, $3.
    For certificate of levy and filing, $3, and the fee for recording shall be advanced by the judgment creditor and charged as costs.
    For taking all bonds on legal process, civil and criminal, in counties of first class, $1; in second class, $1.
    For executing copies in criminal cases, $4 and mileage for each mile of necessary travel, 20 each way.
    For executing requisitions from other States, $5.
    For conveying each prisoner from the prisoner's own county to the jail of another county, or from another county to the jail of the prisoner's county, per mile, for going, only, 30.
    For conveying persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers, the following fees, payable out of the State Treasury. For each person who is conveyed, 35 per mile in going only to the penitentiary, reformatory, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers, from the place of conviction.
    The fees provided for transporting persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers shall be paid for each trip so made. Mileage as used in this Section means the shortest practical route, between the place from which the person is to be transported, to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers and all fees per mile shall be computed on such basis.
    For conveying any person to or from any of the charitable institutions of the State, when properly committed by competent authority, when one person is conveyed, 35 per mile; when two persons are conveyed at the same time, 35 per mile for the first person and 20 per mile for the second person; and 10 per mile for each additional person.
    For conveying a person from the penitentiary to the county jail when required by law, 35 per mile.
    For attending Supreme Court, $10 per day.
    In addition to the above fees there shall be allowed to the sheriff a fee of $600 for the sale of real estate which is made by virtue of any judgment of a court, except that in the case of a sale of unimproved real estate which sells for $10,000 or less, the fee shall be $150. In addition to this fee and all other fees provided by this Section, there shall be allowed to the sheriff a fee in accordance with the following schedule for the sale of personal estate which is made by virtue of any judgment of a court:
    For judgments up to $1,000, $75;
    For judgments from $1,001 to $15,000, $150;
    For judgments over $15,000, $300.
    The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect those increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the costs of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity.
    In all cases where the judgment is settled by the parties, replevied, stopped by injunction or paid, or where the property levied upon is not actually sold, the sheriff shall be allowed his fee for levying and mileage, together with half the fee for all money collected by him which he would be entitled to if the same was made by sale to enforce the judgment. In no case shall the fee exceed the amount of money arising from the sale.
    The fee requirements of this Section do not apply to police departments or other law enforcement agencies. For the purposes of this Section, "law enforcement agency" means an agency of the State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (Text of Section after amendment by P.A. 100-173)
    Sec. 4-5001. Sheriffs; counties of first and second class. The fees of sheriffs in counties of the first and second class, except when increased by county ordinance under this Section, shall be as follows:
    For serving or attempting to serve summons on each defendant in each county, $10.
    For serving or attempting to serve an order or judgment granting injunctional relief in each county, $10.
    For serving or attempting to serve each garnishee in each county, $10.
    For serving or attempting to serve an order for replevin in each county, $10.
    For serving or attempting to serve an order for attachment on each defendant in each county, $10.
    For serving or attempting to serve a warrant of arrest, $8, to be paid upon conviction.
    For returning a defendant from outside the State of Illinois, upon conviction, the court shall assess, as court costs, the cost of returning a defendant to the jurisdiction.
    For taking special bail, $1 in each county.
    For serving or attempting to serve a subpoena on each witness, in each county, $10.
    For advertising property for sale, $5.
    For returning each process, in each county, $5.
    Mileage for each mile of necessary travel to serve any such process as Stated above, calculating from the place of holding court to the place of residence of the defendant, or witness, 50 each way.
    For summoning each juror, $3 with 30 mileage each way in all counties.
    For serving or attempting to serve notice of judgments or levying to enforce a judgment, $3 with 50 mileage each way in all counties.
    For taking possession of and removing property levied on, the officer shall be allowed to tax the actual cost of such possession or removal.
    For feeding each prisoner, such compensation to cover the actual cost as may be fixed by the county board, but such compensation shall not be considered a part of the fees of the office.
    For attending before a court with prisoner, on an order for habeas corpus, in each county, $10 per day.
    For attending before a court with a prisoner in any criminal proceeding, in each county, $10 per day.
    For each mile of necessary travel in taking such prisoner before the court as Stated above, 15 a mile each way.
    For serving or attempting to serve an order or judgment for the possession of real estate in an action of ejectment or in any other action, or for restitution in an eviction action without aid, $10 and when aid is necessary, the sheriff shall be allowed to tax in addition the actual costs thereof, and for each mile of necessary travel, 50 each way.
    For executing and acknowledging a deed of sale of real estate, in counties of first class, $4; second class, $4.
    For preparing, executing and acknowledging a deed on redemption from a court sale of real estate in counties of first class, $5; second class, $5.
    For making certificates of sale, and making and filing duplicate, in counties of first class, $3; in counties of the second class, $3.
    For making certificate of redemption, $3.
    For certificate of levy and filing, $3, and the fee for recording shall be advanced by the judgment creditor and charged as costs.
    For taking all bonds on legal process, civil and criminal, in counties of first class, $1; in second class, $1.
    For executing copies in criminal cases, $4 and mileage for each mile of necessary travel, 20 each way.
    For executing requisitions from other States, $5.
    For conveying each prisoner from the prisoner's own county to the jail of another county, or from another county to the jail of the prisoner's county, per mile, for going, only, 30.
    For conveying persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers, the following fees, payable out of the State Treasury. For each person who is conveyed, 35 per mile in going only to the penitentiary, reformatory, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers, from the place of conviction.
    The fees provided for transporting persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers shall be paid for each trip so made. Mileage as used in this Section means the shortest practical route, between the place from which the person is to be transported, to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls and Reception Centers and all fees per mile shall be computed on such basis.
    For conveying any person to or from any of the charitable institutions of the State, when properly committed by competent authority, when one person is conveyed, 35 per mile; when two persons are conveyed at the same time, 35 per mile for the first person and 20 per mile for the second person; and 10 per mile for each additional person.
    For conveying a person from the penitentiary to the county jail when required by law, 35 per mile.
    For attending Supreme Court, $10 per day.
    In addition to the above fees there shall be allowed to the sheriff a fee of $600 for the sale of real estate which is made by virtue of any judgment of a court, except that in the case of a sale of unimproved real estate which sells for $10,000 or less, the fee shall be $150. In addition to this fee and all other fees provided by this Section, there shall be allowed to the sheriff a fee in accordance with the following schedule for the sale of personal estate which is made by virtue of any judgment of a court:
    For judgments up to $1,000, $75;
    For judgments from $1,001 to $15,000, $150;
    For judgments over $15,000, $300.
    The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect those increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the costs of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity.
    In all cases where the judgment is settled by the parties, replevied, stopped by injunction or paid, or where the property levied upon is not actually sold, the sheriff shall be allowed his fee for levying and mileage, together with half the fee for all money collected by him which he would be entitled to if the same was made by sale to enforce the judgment. In no case shall the fee exceed the amount of money arising from the sale.
    The fee requirements of this Section do not apply to police departments or other law enforcement agencies. For the purposes of this Section, "law enforcement agency" means an agency of the State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws.
(Source: P.A. 100-173, eff. 1-1-18.)