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90_HB1256eng
705 ILCS 105/27.1a from Ch. 25, par. 27.1a
705 ILCS 105/27.1 rep.
Amends the Clerks of Courts Act. Includes circuit clerks
of counties with not more than 180,000 inhabitants within the
fee provisions of circuit clerks of counties with not more
than 650,000 inhabitants (now more than 180,000, but not more
than 650,000 inhabitants). Effective January 1, 1998.
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1 AN ACT concerning clerks of courts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by
5 changing Section 27.1a as follows:
6 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
7 Sec. 27.1a. The fees of the clerks of the circuit court
8 in all counties having a population in excess of 180,000 but
9 not more than 650,000 inhabitants in the instances described
10 in this Section shall be as provided in this Section. The
11 fees shall be paid in advance and shall be as follows:
12 (a) Civil Cases.
13 The fee for filing a complaint, petition, or other
14 pleading initiating a civil action, with the following
15 exceptions, shall be $150.
16 (A) When the amount of money or damages or the
17 value of personal property claimed does not exceed
18 $250, $10.
19 (B) When that amount exceeds $250 but does not
20 exceed $500, $20.
21 (C) When that amount exceeds $500 but does not
22 exceed $2500, $30.
23 (D) When that amount exceeds $2500 but does
24 not exceed $15,000, $75.
25 (E) For the exercise of eminent domain, $150.
26 For each additional lot or tract of land or right or
27 interest therein subject to be condemned, the
28 damages in respect to which shall require separate
29 assessment by a jury, $150.
30 (a-1) Family.
31 For filing a petition under the Juvenile Court Act
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1 of 1987, $25.
2 For filing a petition for a marriage license, $10.
3 For performing a marriage in court, $10.
4 For filing a petition under the Illinois Parentage
5 Act of 1984, $40.
6 (b) Forcible Entry and Detainer.
7 In each forcible entry and detainer case when the
8 plaintiff seeks possession only or unites with his or her
9 claim for possession of the property a claim for rent or
10 damages or both in the amount of $15,000 or less, $40.
11 When the plaintiff unites his or her claim for possession
12 with a claim for rent or damages or both exceeding
13 $15,000, $150.
14 (c) Counterclaim or Joining Third Party Defendant.
15 When any defendant files a counterclaim as part of
16 his or her answer or otherwise or joins another party as
17 a third party defendant, or both, the defendant shall pay
18 a fee for each counterclaim or third party action in an
19 amount equal to the fee he or she would have had to pay
20 had he or she brought a separate action for the relief
21 sought in the counterclaim or against the third party
22 defendant, less the amount of the appearance fee, if that
23 has been paid.
24 (d) Confession of Judgment.
25 In a confession of judgment when the amount does not
26 exceed $1500, $50. When the amount exceeds $1500, but
27 does not exceed $15,000, $115. When the amount exceeds
28 $15,000, $200.
29 (e) Appearance.
30 The fee for filing an appearance in each civil case
31 shall be $50, except as follows:
32 (A) When the plaintiff in a forcible entry and
33 detainer case seeks possession only, $20.
34 (B) When the amount in the case does not
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1 exceed $1500, $20.
2 (C) When that amount exceeds $1500 but does
3 not exceed $15,000, $40.
4 (f) Garnishment, Wage Deduction, and Citation.
5 In garnishment affidavit, wage deduction affidavit,
6 and citation petition when the amount does not exceed
7 $1,000, $10; when the amount exceeds $1,000 but does not
8 exceed $5,000, $20; and when the amount exceeds $5,000,
9 $30.
10 (g) Petition to Vacate or Modify.
11 (1) Petition to vacate or modify any final judgment
12 or order of court, except in forcible entry and detainer
13 cases and small claims cases or a petition to reopen an
14 estate, to modify, terminate, or enforce a judgment or
15 order for child or spousal support, or to modify,
16 suspend, or terminate an order for withholding, if filed
17 before 30 days after the entry of the judgment or order,
18 $40.
19 (2) Petition to vacate or modify any final judgment
20 or order of court, except a petition to modify,
21 terminate, or enforce a judgment or order for child or
22 spousal support or to modify, suspend, or terminate an
23 order for withholding, if filed later than 30 days after
24 the entry of the judgment or order, $60.
25 (3) Petition to vacate order of bond forfeiture,
26 $20.
27 (h) Mailing.
28 When the clerk is required to mail, the fee will be
29 $6, plus the cost of postage.
30 (i) Certified Copies.
31 Each certified copy of a judgment after the first,
32 except in small claims and forcible entry and detainer
33 cases, $10.
34 (j) Habeas Corpus.
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1 For filing a petition for relief by habeas corpus,
2 $80.
3 (k) Certification, Authentication, and Reproduction.
4 (1) Each certification or authentication for taking
5 the acknowledgment of a deed or other instrument in
6 writing with the seal of office, $4.
7 (2) Court appeals when original documents are
8 forwarded, under 100 pages, plus delivery and costs, $50.
9 (3) Court appeals when original documents are
10 forwarded, over 100 pages, plus delivery and costs, $120.
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, an additional fee of 20 cents
13 per page.
14 (5) For reproduction of any document contained in
15 the clerk's files:
16 (A) First page, $2.
17 (B) Next 19 pages, 50 cents per page.
18 (C) All remaining pages, 25 cents per page.
19 (l) Remands.
20 In any cases remanded to the Circuit Court from the
21 Supreme Court or the Appellate Court for a new trial, the
22 clerk shall file the remanding order and reinstate the
23 case with either its original number or a new number. The
24 Clerk shall not charge any new or additional fee for the
25 reinstatement. Upon reinstatement the Clerk shall advise
26 the parties of the reinstatement. A party shall have the
27 same right to a jury trial on remand and reinstatement as
28 he or she had before the appeal, and no additional or new
29 fee or charge shall be made for a jury trial after
30 remand.
31 (m) Record Search.
32 For each record search, within a division or
33 municipal district, the clerk shall be entitled to a
34 search fee of $4 for each year searched.
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1 (n) Hard Copy.
2 For each page of hard copy print output, when case
3 records are maintained on an automated medium, the clerk
4 shall be entitled to a fee of $4.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code and for filing
19 a transcript of commitment proceedings held in another
20 county, $25.
21 (q) Alias Summons.
22 For each alias summons or citation issued by the
23 clerk, $4.
24 (r) Other Fees.
25 Any fees not covered in this Section shall be set by
26 rule or administrative order of the Circuit Court with
27 the approval of the Administrative Office of the Illinois
28 Courts.
29 The clerk of the circuit court may provide
30 additional services for which there is no fee specified
31 by statute in connection with the operation of the
32 clerk's office as may be requested by the public and
33 agreed to by the clerk and approved by the chief judge of
34 the circuit court. Any charges for additional services
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1 shall be as agreed to between the clerk and the party
2 making the request and approved by the chief judge of the
3 circuit court. Nothing in this subsection shall be
4 construed to require any clerk to provide any service not
5 otherwise required by law.
6 (s) Jury Services.
7 The clerk shall be entitled to receive, in addition
8 to other fees allowed by law, the sum of $180, as a fee
9 for the services of a jury in every civil action not
10 quasi-criminal in its nature and not a proceeding for the
11 exercise of the right of eminent domain and in every
12 other action wherein the right of trial by jury is or may
13 be given by law. The jury fee shall be paid by the party
14 demanding a jury at the time of filing the jury demand.
15 If the fee is not paid by either party, no jury shall be
16 called in the action or proceeding, and the same shall be
17 tried by the court without a jury.
18 (t) Voluntary Assignment.
19 For filing each deed of voluntary assignment, $10;
20 for recording the same, 25¢ for each 100 words.
21 Exceptions filed to claims presented to an assignee of a
22 debtor who has made a voluntary assignment for the
23 benefit of creditors shall be considered and treated, for
24 the purpose of taxing costs therein, as actions in which
25 the party or parties filing the exceptions shall be
26 considered as party or parties plaintiff, and the
27 claimant or claimants as party or parties defendant, and
28 those parties respectively shall pay to the clerk the
29 same fees as provided by this Section to be paid in other
30 actions.
31 (u) Expungement Petition.
32 The clerk shall be entitled to receive a fee of $30
33 for each expungement petition filed and an additional fee
34 of $2 for each certified copy of an order to expunge
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1 arrest records.
2 (v) Probate.
3 The clerk is entitled to receive the fees specified in
4 this subsection (v), which shall be paid in advance, except
5 that, for good cause shown, the court may suspend, reduce, or
6 release the costs payable under this subsection:
7 (1) For administration of the estate of a decedent
8 (whether testate or intestate) or of a missing person,
9 $100, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $25.
14 (B) When (i) proof of heirship alone is made,
15 (ii) a domestic or foreign will is admitted to
16 probate without administration (including proof of
17 heirship), or (iii) letters of office are issued for
18 a particular purpose without administration of the
19 estate, the fee shall be $25.
20 (2) For administration of the estate of a ward,
21 $50, plus the fees specified in subsection (v)(3),
22 except:
23 (A) When the value of the real and personal
24 property does not exceed $15,000, the fee shall be
25 $25.
26 (B) When (i) letters of office are issued to a
27 guardian of the person, but not of the estate or
28 (ii) letters of office are issued in the estate of a
29 ward without administration of the estate, including
30 filing or joining in the filing of a tax return or
31 releasing a mortgage or consenting to the marriage
32 of the ward, the fee shall be $10.
33 (3) In addition to the fees payable under
34 subsection (v)(1) or (v)(2) of this Section, the
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1 following fees are payable:
2 (A) For each account (other than one final
3 account) filed in the estate of a decedent, or ward,
4 $15.
5 (B) For filing a claim in an estate when the
6 amount claimed is $150 or more but less than $500,
7 $10; when the amount claimed is $500 or more but
8 less than $10,000, $25; when the amount claimed is
9 $10,000 or more, $40; provided that the court in
10 allowing a claim may add to the amount allowed the
11 filing fee paid by the claimant.
12 (C) For filing in an estate a claim, petition,
13 or supplemental proceeding based upon an action
14 seeking equitable relief including the construction
15 or contest of a will, enforcement of a contract to
16 make a will, and proceedings involving testamentary
17 trusts or the appointment of testamentary trustees,
18 $40.
19 (D) For filing in an estate (i) the appearance
20 of any person for the purpose of consent or (ii) the
21 appearance of an executor, administrator,
22 administrator to collect, guardian, guardian ad
23 litem, or special administrator, no fee.
24 (E) Except as provided in subsection
25 (v)(3)(D), for filing the appearance of any person
26 or persons, $10.
27 (F) For each jury demand, $90.
28 (G) For disposition of the collection of a
29 judgment or settlement of an action or claim for
30 wrongful death of a decedent or of any cause of
31 action of a ward, when there is no other
32 administration of the estate, $30, less any amount
33 paid under subsection (v)(1)(B) or (v)(2)(B) except
34 that if the amount involved does not exceed $5,000,
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1 the fee, including any amount paid under subsection
2 (v)(1)(B) or (v)(2)(B), shall be $10.
3 (H) For each certified copy of letters of
4 office, of court order or other certification, $1,
5 plus 50¢ per page in excess of 3 pages for the
6 document certified.
7 (I) For each exemplification, $1, plus the fee
8 for certification.
9 (4) The executor, administrator, guardian,
10 petitioner, or other interested person or his or her
11 attorney shall pay the cost of publication by the clerk
12 directly to the newspaper.
13 (5) The person on whose behalf a charge is incurred
14 for witness, court reporter, appraiser, or other
15 miscellaneous fee shall pay the same directly to the
16 person entitled thereto.
17 (6) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay to the clerk all postage charges
20 incurred by the clerk in mailing petitions, orders,
21 notices, or other documents pursuant to the provisions of
22 the Probate Act of 1975.
23 (w) Criminal and Quasi-Criminal Costs and Fees.
24 (1) The clerk shall be entitled to costs in all
25 criminal and quasi-criminal cases from each person
26 convicted or sentenced to supervision therein as follows:
27 (A) Felony complaints, $80.
28 (B) Misdemeanor complaints, $50.
29 (C) Business offense complaints, $50.
30 (D) Petty offense complaints, $50.
31 (E) Minor traffic or ordinance violations,
32 $20.
33 (F) When court appearance required, $30.
34 (G) Motions to vacate or amend final orders,
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1 $20.
2 (H) Motions to vacate bond forfeiture orders,
3 $20.
4 (I) Motions to vacate ex parte judgments,
5 whenever filed, $20.
6 (J) Motions to vacate judgment on forfeitures,
7 whenever filed, $20.
8 (K) Motions to vacate "failure to appear" or
9 "failure to comply" notices sent to the Secretary of
10 State, $20.
11 (2) In counties having a population in excess of
12 180,000 but not more than 650,000 inhabitants, when the
13 violation complaint is issued by a municipal police
14 department, the clerk shall be entitled to costs from
15 each person convicted therein as follows:
16 (A) Minor traffic or ordinance violations,
17 $10.
18 (B) When court appearance required, $15.
19 (3) In ordinance violation cases punishable by fine
20 only, the clerk of the circuit court shall be entitled to
21 receive, unless the fee is excused upon a finding by the
22 court that the defendant is indigent, in addition to
23 other fees or costs allowed or imposed by law, the sum of
24 $50 as a fee for the services of a jury. The jury fee
25 shall be paid by the defendant at the time of filing his
26 or her jury demand. If the fee is not so paid by the
27 defendant, no jury shall be called, and the case shall be
28 tried by the court without a jury.
29 (x) Transcripts of Judgment.
30 For the filing of a transcript of judgment, the
31 clerk shall be entitled to the same fee as if it were the
32 commencement of a new suit.
33 (y) Change of Venue.
34 (1) For the filing of a change of case on a change
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1 of venue, the clerk shall be entitled to the same fee as
2 if it were the commencement of a new suit.
3 (2) The fee for the preparation and certification
4 of a record on a change of venue to another jurisdiction,
5 when original documents are forwarded, $25.
6 (z) Tax objection complaints.
7 For each tax objection complaint containing one or
8 more tax objections, regardless of the number of parcels
9 involved or the number of taxpayers joining on the
10 complaint, $25.
11 (aa) Tax Deeds.
12 (1) Petition for tax deed, if only one parcel is
13 involved, $150.
14 (2) For each additional parcel, add a fee of $50.
15 (bb) Collections.
16 (1) For all collections made of others, except the
17 State and county and except in maintenance or child
18 support cases, a sum equal to 2.5% of the amount
19 collected and turned over.
20 (2) Interest earned on any funds held by the clerk
21 shall be turned over to the county general fund as an
22 earning of the office.
23 (3) For any check, draft, or other bank instrument
24 returned to the clerk for non-sufficient funds, account
25 closed, or payment stopped, $25.
26 (4) In child support and maintenance cases, the
27 clerk, if authorized by an ordinance of the county board,
28 may collect an annual fee of up to $36 from the person
29 making payment for administering the collection and
30 distribution of maintenance and child support payments.
31 This fee shall be in addition to and separate from
32 amounts ordered to be paid as maintenance or child
33 support and shall be deposited into a Separate
34 Maintenance and Child Support Collection Fund, of which
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1 the clerk shall be the custodian, ex-officio, to be used
2 by the clerk to further maintenance and child supports in
3 his or her office.
4 The Clerk shall also be entitled to a fee of $5 for
5 certifications made to the Secretary of State as provided
6 in Section 7-703 of the Family Financial Responsibility
7 Law and these fees shall also be deposited into the
8 Separate Maintenance and Child Support Collection Fund.
9 (cc) Corrections of Numbers.
10 For correction of the case number, case title, or
11 attorney computer identification number, if required by
12 rule of court, on any document filed in the clerk's
13 office, to be charged against the party that filed the
14 document, $15.
15 (dd) Exceptions.
16 (1) The fee requirements of this Section shall not
17 apply to police departments or other law enforcement
18 agencies. In this Section, "law enforcement agency"
19 means an agency of the State or a unit of local
20 government which is vested by law or ordinance with the
21 duty to maintain public order and to enforce criminal
22 laws or ordinances. "Law enforcement agency" also means
23 the Attorney General or any state's attorney.
24 (2) No fee provided herein shall be charged to any
25 unit of local government or school district.
26 (3) The fee requirements of this Section shall not
27 apply to any action instituted under subsection (b) of
28 Section 11-31-1 of the Illinois Municipal Code by a
29 private owner or tenant of real property within 1200 feet
30 of a dangerous or unsafe building seeking an order
31 compelling the owner or owners of the building to take
32 any of the actions authorized under that subsection.
33 (ee) Adoptions.
34 (1) For an adoption.............................$65
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1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (ff) Adoption exemptions.
7 No fee other than that set forth in subsection (ee)
8 shall be charged to any person in connection with an
9 adoption proceeding.
10 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
11 7-1-96; 89-593, eff. 8-1-96.)
12 (705 ILCS 105/27.1 rep.)
13 Section 10. The Clerks of Courts Act is amended by
14 repealing Section 27.1.
15 Section 99. Effective date. This Act takes effect on
16 January 1, 1998.