2010 Illinois Code CHAPTER 55 COUNTIES 55 ILCS 5/ Counties Code. Division 4-12 - Fees Of Sheriff, Recorder And Clerk In Third Class Counties
(55 ILCS 5/Div. 4‑12 heading)
Division 4‑12. Fees of Sheriff, Recorder and Clerk
in Third Class Counties
(55 ILCS 5/4‑12001)(from Ch. 34, par. 4‑12001) Sec. 4‑12001. Fees of sheriff in third class counties. The officers herein named, in counties of the third class, shall be entitled to receive the fees herein specified, for the services mentioned and such other fees as may be provided by law for such other services not herein designated. Fees for Sheriff For serving or attempting to serve any summons on each defendant, $35. For serving or attempting to serve each alias summons or other process mileage will be charged as hereinafter provided when the address for service differs from the address for service on the original summons or other process. For serving or attempting to serve all other process, on each defendant, $35. For serving or attempting to serve a subpoena on each witness, $35. For serving or attempting to serve each warrant, $35. For serving or attempting to serve each garnishee, $35. For summoning each juror, $10. For serving or attempting to serve each order or judgment for replevin, $35. For serving or attempting to serve an order for attachment, on each defendant, $35. 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, $35, and when aid is necessary, the sheriff shall be allowed to tax in addition the actual costs thereof. For serving or attempting to serve notice of judgment, $35. For levying to satisfy an order in an action for attachment, $25. For executing order of court to seize personal property, $25. For making certificate of levy on real estate and filing or recording same, $8, and the fee for filing or recording shall be advanced by the plaintiff in attachment or by the judgment creditor and taxed as costs. For taking possession of or removing property levied on, the sheriff shall be allowed to tax the necessary actual costs of such possession or removal. For advertising property for sale, $20. For making certificate of sale and making and filing duplicate for record, $15, and the fee for recording same shall be advanced by the judgment creditor and taxed as costs. For preparing, executing and acknowledging deed on redemption from a court sale of real estate, $15; for preparing, executing and acknowledging all other deeds on sale of real estate, $10. For making and filing certificate of redemption, $15, and the fee for recording same shall be advanced by party making the redemption and taxed as costs. For making and filing certificate of redemption from a court sale, $11, and the fee for recording same shall be advanced by the party making the redemption and taxed as costs. For taking all bonds on legal process, $10. For taking special bail, $5. For returning each process, $15. Mileage for service or attempted service of all process is a $10 flat fee. For attending before a court with a prisoner on an order for habeas corpus, $9 per day. For executing requisitions from other States, $13. For conveying each prisoner from the prisoner's county to the jail of another county, per mile for going only, 25¢. For committing to or discharging each prisoner from jail, $3. For feeding each prisoner, such compensation to cover actual costs as may be fixed by the county board, but such compensation shall not be considered a part of the fees of the office. For committing each prisoner to jail under the laws of the United States, to be paid by the marshal or other person requiring his confinement, $3. For feeding such prisoners per day, $3, to be paid by the marshal or other person requiring the prisoner's confinement. For discharging such prisoners, $3. For conveying persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital, the following fees, payable out of the State Treasury. When one person is conveyed, 20¢ per mile in going to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital from the place of conviction; when 2 persons are conveyed at the same time, 20¢ per mile for the first and 15¢ per mile for the second person; when more than 2 persons are conveyed at the same time as Stated above, the sheriff shall be allowed 20¢ per mile for the first, 15¢ per mile for the second and 10¢ per mile for each additional person. The fees provided for herein for transporting persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital, shall be paid for each trip so made. Mileage as used in this Section means the shortest route on a hard surfaced road, (either State Bond Issue Route or Federal highways) or railroad, whichever is shorter, 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, Reception Centers and Illinois Security Hospital, and all fees per mile shall be computed on such basis. In addition to the above fees, there shall be allowed to the sheriff a fee of $900 for the sale of real estate which shall be made by virtue of any judgment of a court. 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, $100; For judgments over $1,000 to $15,000, $300; For judgments over $15,000, $500. 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 the fee for levying and mileage, together with half the fee for all money collected by him or her which he or she would be entitled to if the same were made by sale in the enforcement of a 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 or ordinances. The fee requirements of this Section do not apply to units of local government or school districts. (Source: P.A. 94‑1104, eff. 6‑1‑07.)
(55 ILCS 5/4‑12001.1)(from Ch. 34, par. 4‑12001.1) Sec. 4‑12001.1. Fees of sheriff in third class counties; local governments and school districts. The officers herein named, in counties of the third class, shall be entitled to receive the fees herein specified from all units of local governments and school districts, for the services mentioned and such other fees as may be provided by law for such other services not herein designated. Fees for Sheriff For serving or attempting to serve any summons on each defendant, $25. For serving or attempting to serve each alias summons or other process mileage will be charged as hereinafter provided when the address for service differs from the address for service on the original summons or other process. For serving or attempting to serve all other process, on each defendant, $25. For serving or attempting to serve a subpoena on each witness, $25. For serving or attempting to serve each warrant, $25. For serving or attempting to serve each garnishee, $25. For summoning each juror, $4. For serving or attempting to serve each order or judgment for replevin, $25. For serving or attempting to serve an order for attachment, on each defendant, $25. 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, $9, and when aid is necessary, the sheriff shall be allowed to tax in addition the actual costs thereof. For serving or attempting to serve notice of judgment, $25. For levying to satisfy an order in an action for attachment, $25. For executing order of court to seize personal property, $25. For making certificate of levy on real estate and filing or recording same, $3, and the fee for filing or recording shall be advanced by the plaintiff in attachment or by the judgment creditor and taxed as costs. For taking possession of or removing property levied on, the sheriff shall be allowed to tax the necessary actual costs of such possession or removal. For advertising property for sale, $3. For making certificate of sale and making and filing duplicate for record, $3, and the fee for recording same shall be advanced by the judgment creditor and taxed as costs. For preparing, executing and acknowledging deed on redemption from a court sale of real estate, $6; for preparing, executing and acknowledging all other deeds on sale of real estate, $4. For making and filing certificate of redemption, $3.50, and the fee for recording same shall be advanced by party making the redemption and taxed as costs. For making and filing certificate of redemption from a court sale, $4.50, and the fee for recording same shall be advanced by the party making the redemption and taxed as costs. For taking all bonds on legal process, $2. For taking special bail, $2. For returning each process, $5. Mileage for service or attempted service of all process is a $10 flat fee. For attending before a court with a prisoner on an order for habeas corpus, $3.50 per day. For executing requisitions from other States, $5. For conveying each prisoner from the prisoner's county to the jail of another county, per mile for going only, 25¢. For committing to or discharging each prisoner from jail, $1. For feeding each prisoner, such compensation to cover actual costs as may be fixed by the county board, but such compensation shall not be considered a part of the fees of the office. For committing each prisoner to jail under the laws of the United States, to be paid by the marshal or other person requiring his confinement, $1. For feeding such prisoners per day, $1, to be paid by the marshal or other person requiring the prisoner's confinement. For discharging such prisoners, $1. For conveying persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital, the following fees, payable out of the State Treasury. When one person is conveyed, 15¢ per mile in going to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital from the place of conviction; when 2 persons are conveyed at the same time, 15¢ per mile for the first and 10¢ per mile for the second person; when more than 2 persons are conveyed at the same time as stated above, the sheriff shall be allowed 15¢ per mile for the first, 10¢ per mile for the second and 5¢ per mile for each additional person. The fees provided for herein for transporting persons to the penitentiary, reformatories, Illinois State Training School for Boys, Illinois State Training School for Girls, Reception Centers and Illinois Security Hospital, shall be paid for each trip so made. Mileage as used in this Section means the shortest route on a hard surfaced road, (either State Bond Issue Route or Federal highways) or railroad, whichever is shorter, 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, Reception Centers and Illinois Security Hospital, and all fees per mile shall be computed on such basis. In addition to the above fees, there shall be allowed to the sheriff a fee of $600 for the sale of real estate which shall be made by virtue of any judgment of a court. 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, $90; For judgments over $1,000 to $15,000, $275; For judgments over $15,000, $400. 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 the fee for levying and mileage, together with half the fee for all money collected by him or her which he or she would be entitled to if the same were made by sale in the enforcement of a judgment. In no case shall the fee exceed the amount of money arising from the sale. All fees collected under Sections 4‑12001 and 4‑12001.1 must be used for public safety purposes only. (Source: P.A. 94‑1104, eff. 6‑1‑07.)
(55 ILCS 5/4‑12002)(from Ch. 34, par. 4‑12002) Sec. 4‑12002. Fees of recorder in third class counties. The fees of the recorder in counties of the third class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions or otherwise, and for certifying copies of records, shall be paid in advance and shall be as follows: For recording deeds or other instruments $20 for the first 2 pages thereof, plus $2 for each additional page thereof. The aggregate minimum fee for recording any one instrument shall not be less than $20. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description the recorder shall charge a fee of $4 in addition to that hereinabove referred to for each document number therein noted. For recording deeds or other instruments wherein more than one tract, parcel or lot is described and such additional tract, or tracts, parcel or parcels, lot or lots is or are described therein as falling in a separate or different addition or subdivision the recorder shall charge as an additional fee, to that herein provided, the sum of $2 for each additional addition or subdivision referred to in such deed or instrument. For recording maps or plats of additions, subdivisions or otherwise (including the spreading of the same of record in well bound books) $100 plus $2 for each tract, parcel or lot contained therein. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $200. For non‑certified copies of records, an amount not to exceed one half of the amount provided herein for certified copies, according to a standard scale of fees, established by county ordinance and made public. For filing of each release of any chattel mortgage or trust deed which has been filed but not recorded and for indexing the same in the book to be kept for that purpose $10. For processing the sworn or affirmed statement required for filing a deed or assignment of a beneficial interest in a land trust in accordance with Section 3‑5020 of this Code, $2. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.
(2) The document shall be legibly printed in black
ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less
than 20‑pound weight and shall have a clean margin of at least one‑half inch on the top, the bottom, and each side. Margins may be used only for non‑essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations.
(4) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches, from the upper right corner.
(5) The document shall not have any attachment
stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995. The recorder shall collect a $10 Rental Housing Support Program State surcharge for the recordation of any real estate‑related document. Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate‑related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder. The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district. One dollar of each surcharge shall be retained by the county in which it was collected. This dollar shall be deposited into the county's general revenue fund. Fifty cents of that amount shall be used for the costs of administering the Rental Housing Support Program State surcharge and any other lawful expenditures for the operation of the office of the recorder and may not be appropriated or expended for any other purpose. The amounts available to the recorder for expenditure from the surcharge shall not offset or reduce any other county appropriations or funding for the office of the recorder. On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by the Department, the number of real estate‑related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $9 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.
For purposes of this Section, "real estate‑related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act. The fee requirements of this Section apply to units of local government and school districts. Regardless of any other provision in this Section, the maximum fee that may be collected from the Department of Revenue for filing or indexing a lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $5. Regardless of any other provision in this Section, the maximum fee that may be collected from the Department of Revenue for indexing each additional name in excess of one for any lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $1. (Source: P.A. 93‑671, eff. 6‑1‑04; 94‑118, eff. 7‑5‑05.)
(55 ILCS 5/4‑12003)(from Ch. 34, par. 4‑12003) Sec. 4‑12003. Fees of county clerk in third class counties. The fees of the county clerk in counties of the third class are: For issuing each marriage license, sealing, filing and recording the same and the certificate thereto (one charge), $35. $5 from all marriage license fees shall be remitted by the clerk to the State Treasurer for deposit into the Married Families Domestic Violence Fund. For taking, certifying to and sealing the acknowledgment of a deed, power of attorney, or other writing, $1. For filing and entering certificates in case of estrays, and furnishing notices for publication thereof (one charge), $1.50. For recording all papers and documents required by law to be recorded in the office of the county clerk, $2 plus 30¢ for every 100 words in excess of 600 words. For certificate and seal, not in a case in a court whereof he is clerk, $1. For making and certifying a copy of any record or paper in his office, $2 for every page. For filing papers in his office, 50¢ for each paper filed, except that no fee shall be charged for filing a Statement of economic interest pursuant to the Illinois Governmental Ethics Act or reports made pursuant to Article 9 of The Election Code. For making transcript of taxable property for the assessors, 8¢ for each tract of land or town lot. For extending other than State and county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each person's personal tax, to be paid by the authority for whose benefit the transcript is made and the taxes extended. The county clerk shall certify to the county collector the amount due from each authority for such services and the collector in his settlement with such authority shall reserve such amount from the amount payable by him to such authority. For adding and bringing forward with current tax warrants amounts due for forfeited or withdrawn special assessments, 8¢ for each lot or tract of land described and transcribed. For computing and extending each assessment or installment thereof and interest, 8¢ on each description; and for computing and extending each penalty, 8¢ on each description. These fees shall be paid by the city, village, or taxing body for whose benefit the transcript is made and the assessment and penalties are extended. The county clerk shall certify to the county collector the amount due from each city, village or taxing body, for such services, and the collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such city, village or other taxing body. For cancelling certificates of sale, $4 for each tract or lot. For making search and report of general taxes and special assessments for use in the preparation of estimate of cost of redemption from sales or forfeitures or withdrawals or for use in the preparation of estimate of cost of purchase of forfeited property, or for use in preparation of order on the county collector for searches requested by buyers at annual tax sale, for each lot or tract, $4 for the first year searched, and $2 for each additional year or fraction thereof. For preparing from tax search report estimate of cost of redemption concerning property sold, forfeited or withdrawn for non‑payment of general taxes and special assessments, if any, $1 for each lot or tract. For certificate of deposit for redemption, $4. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non‑payment of general taxes, $3 for each lot or tract. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non‑payment of special assessments, $4 for each lot or tract. For issuing certificate of sale of forfeited property, $10. For noting on collector's warrants tax sales subject to redemption, 20¢ for each tract or lot of land, to be paid by either the person making the redemption from tax sale, the person surrendering the certificate of sale for cancellation, or the person taking out tax deed. For noting on collector's warrant special assessments withdrawn from collection 20¢ for each tract or lot of land, to be charged against the lot assessed in the withdrawn special assessment when brought forward with current tax or when redeemed by the county clerk. The county clerk shall certify to the county collector the amount due from each city, village or taxing body for such fees, each year, and the county collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such taxing body. For taking and approving official bond of a town assessor, filing and recording same, and issuing certificate of election or qualification to such official or to the Secretary of State, $10, to be paid by the officer‑elect. For certified copies of plats, 20¢ for each lot shown in copy, but no charge less than $4. For tax search and issuing Statement regarding same on new plats to be recorded, $10. For furnishing written description in conformity with permanent real estate index number, $2 for each written description. The following fees shall be allowed for services in matters of taxes and assessments, and shall be charged as costs against the delinquent property, and collected with the taxes thereon: For entering judgment, 8¢ for each tract or lot. For services in attending the tax sale and issuing certificates of sale and sealing the same, $10 for each tract or lot. For making list of delinquent lands and town lots sold, to be filed with the State Comptroller, 10¢ for each tract or lot sold. The following fees shall be audited and allowed by the board of county commissioners and paid from the county treasury. For computing State or county taxes, on each description of real estate and each person's, firm's or corporation's personal property tax, for each extension of each tax, 4¢, which shall include the transcribing of the collector's books. For computing, extending and bringing forward, and adding to the current tax, the amount due for general taxes on lands and lots previously forfeited to the State, for each extension of each tax, 4¢ for the first year, and for computing and extending the tax and penalty for each additional year, 6¢. For making duplicate or triplicate sets of books, containing transcripts of taxable property, for the board of assessors and board of review, 3¢ for each description entered in each book. For filing, indexing and recording or binding each birth, death or stillbirth certificate or report, 15¢, which fee shall be in full for all services in connection therewith, including the keeping of accounts with district registrars. For posting new subdivisions or plats in official atlases, 25¢ for each lot. For compiling new sheets for atlases, 20¢ for each lot. For compiling new atlases, including necessary record searches, 25¢ for each lot. For investigating and reporting on each new plat, referred to county clerk, $2. For attending sessions of the board of county commissioners thereof, $5 per day, for each clerk in attendance. For recording proceedings of the board of county commissioners, 15¢ per 100 words. For filing papers which must be kept in office of comptroller of Cook County, 10¢ for each paper filed. For filing and indexing contracts, bonds, communications, and other such papers which must be kept in office of comptroller of Cook County, 15¢ for each document. For swearing any person to necessary affidavits relating to the correctness of claims against the county, 25¢. For issuing warrants in payment of salaries, supplies and other accounts, and all necessary auditing and bookkeeping work in connection therewith, 10¢ each. The fee requirements of this Section do not apply to units of local government or school districts. (Source: P.A. 95‑711, eff. 6‑1‑08.)
(55 ILCS 5/4‑12004)(from Ch. 34, par. 4‑12004) Sec. 4‑12004. Payment of sheriff and recorder in advance. The sheriff and recorder shall, in all cases, be entitled to demand the payment of all fees for services in advance, so far as the same can be ascertained. (Source: P.A. 86‑962.)
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