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Illinois General Assembly· SB 1348Governor Approved

SHERIFF-PROCESS SERVICE FEES, the official text

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SB1348 Enrolled                        LRB104 10901 RTM 20983 b

1   AN ACT concerning local government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Counties Code is amended by changing

5 Section 4-12001 as follows:

6   (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)

7   Sec. 4-12001. Fees of sheriff in third class counties. The

8 officers herein named, in counties of the third class, shall

9 be entitled to receive the fees herein specified, for the

10 services mentioned and such other fees as may be provided by

11 law for such other services not herein designated.

12 Fees for Sheriff

13  For serving or attempting to serve any summons filed in

14 person on each defendant, $60 $35.

15  For serving or attempting to serve any summons filed

16 electronically on each defendant, $35.

17  For serving or attempting to serve each alias summons or

18 other process mileage will be charged as hereinafter provided

19 when the address for service differs from the address for

20 service on the original summons or other process.

21  For serving or attempting to serve all other process,

22 filed in person on each defendant, $60 $35.

23  For serving or attempting to serve all other process filed
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1 electronically on each defendant, $35.

2   For serving or attempting to serve a subpoena on each

3 witness, $35.

4   For serving or attempting to serve each warrant, $35.

5   For serving or attempting to serve each garnishee, $35.

6   For summoning each juror, $10.

7   For serving or attempting to serve each order or judgment

8 for replevin, $35.

9   For serving or attempting to serve an order for

10 attachment, on each defendant, $35.

11  For serving or attempting to serve an order or judgment

12 for the possession of real estate in an action of ejectment or

13 in any other action, or for restitution in an eviction action,

14 without aid, $60 $35, and when aid is necessary, the sheriff

15 shall be allowed to tax in addition the actual costs of service

16 thereof.

17  For serving or attempting to serve an order or judgment

18 for the possession of real estate in an action of ejectment or

19 in any other action, or for restitution in an eviction action,

20 without aid, when filed electronically $35, and when aid is

21 necessary, the sheriff shall be allowed to tax in addition the

22 actual costs of service.

23  For serving or attempting to serve notice of judgment,

24 $35.

25  For levying to satisfy an order in an action for

26 attachment, $25.
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1   For executing order of court to seize personal property,

2 $25.

3   For making certificate of levy on real estate and filing

4 or recording same, $8, and the fee for filing or recording

5 shall be advanced by the plaintiff in attachment or by the

6 judgment creditor and taxed as costs. For taking possession of

7 or removing property levied on, the sheriff shall be allowed

8 to tax the necessary actual costs of such possession or

9 removal.

10  For advertising property for sale, $20.

11  For making certificate of sale and making and filing

12 duplicate for record, $15, and the fee for recording same

13 shall be advanced by the judgment creditor and taxed as costs.

14  For preparing, executing and acknowledging deed on

15 redemption from a court sale of real estate, $15; for

16 preparing, executing and acknowledging all other deeds on sale

17 of real estate, $10.

18  For making and filing certificate of redemption, $15, and

19 the fee for recording same shall be advanced by party making

20 the redemption and taxed as costs.

21  For making and filing certificate of redemption from a

22 court sale, $11, and the fee for recording same shall be

23 advanced by the party making the redemption and taxed as

24 costs.

25  For taking all bonds on legal process, $10.

26  For returning each process initially filed in person,
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1 $25$15.

2       For returning each process initially filed electronically,

3 $15.

4       Mileage for service or attempted service of all process is

5 a $10 flat fee.

6       For attending before a court with a prisoner on an order

7 for habeas corpus, $9 per day.

8       For executing requisitions from other States, $13.

9       For conveying each prisoner from the prisoner's county to

10 the jail of another county, per mile for going only, 25¢.

11      For committing to or discharging each prisoner from jail,

12 $3.

13      For feeding each prisoner, such compensation to cover

14 actual costs as may be fixed by the county board, but such

15 compensation shall not be considered a part of the fees of the

16 office.

17      For committing each prisoner to jail under the laws of the

18 United States, to be paid by the marshal or other person

19 requiring his confinement, $3.

20      For feeding such prisoners per day, $3, to be paid by the

21 marshal or other person requiring the prisoner's confinement.

22      For discharging such prisoners, $3.

23      For conveying persons to the penitentiary, reformatories,

24 Illinois State Training School for Boys, Illinois State

25 Training School for Girls, Reception Centers and Illinois

26 Security Hospital, the following fees, payable out of the
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1 State Treasury. When one person is conveyed, 20¢ per mile in

2 going to the penitentiary, reformatories, Illinois State

3 Training School for Boys, Illinois State Training School for

4 Girls, Reception Centers and Illinois Security Hospital from

5 the place of conviction; when 2 persons are conveyed at the

6 same time, 20¢ per mile for the first and 15¢ per mile for the

7 second person; when more than 2 persons are conveyed at the

8 same time as Stated above, the sheriff shall be allowed 20¢ per

9 mile for the first, 15¢ per mile for the second and 10¢ per

10 mile for each additional person.

11  The fees provided for herein for transporting persons to

12 the penitentiary, reformatories, Illinois State Training

13 School for Boys, Illinois State Training School for Girls,

14 Reception Centers and Illinois Security Hospital, shall be

15 paid for each trip so made. Mileage as used in this Section

16 means the shortest route on a hard surfaced road, (either

17 State Bond Issue Route or Federal highways) or railroad,

18 whichever is shorter, between the place from which the person

19 is to be transported, to the penitentiary, reformatories,

20 Illinois State Training School for Boys, Illinois State

21 Training School for Girls, Reception Centers and Illinois

22 Security Hospital, and all fees per mile shall be computed on

23 such basis.

24  In addition to the above fees, there shall be allowed to

25 the sheriff a fee of $900 for the sale of real estate which

26 shall be made by virtue of any judgment of a court. In addition
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1 to this fee and all other fees provided by this Section, there

2 shall be allowed to the sheriff a fee in accordance with the

3 following schedule for the sale of personal estate which is

4 made by virtue of any judgment of a court:

5   For judgments up to $1,000, $100;

6   For judgments over $1,000 to $15,000, $300;

7   For judgments over $15,000, $500.

8   In all cases where the judgment is settled by the parties,

9 replevied, stopped by injunction or paid, or where the

10 property levied upon is not actually sold, the sheriff shall

11 be allowed the fee for levying and mileage, together with half

12 the fee for all money collected by him or her which he or she

13 would be entitled to if the same were made by sale in the

14 enforcement of a judgment. In no case shall the fee exceed the

15 amount of money arising from the sale.

16  The fee requirements of this Section do not apply to

17 police departments or other law enforcement agencies. For the

18 purposes of this Section, "law enforcement agency" means an

19 agency of the State or unit of local government which is vested

20 by law or ordinance with the duty to maintain public order and

21 to enforce criminal laws or ordinances.

22  The fee requirements of this Section do not apply to units

23 of local government or school districts.

24 (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
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