Court filing fees in Illinois generally run from under $100 for a small claims case in a smaller county to $479 for a probate estate in Cook County. What you pay depends on three things: the type of case, the dollar amount in dispute, and the county where you file. On top of the filing fee itself, defendants owe a separate appearance fee, and both sides can expect additional costs for service, jury demands, transcripts, and e-filing.
Filing Fees by Case Type
Illinois groups civil case types into three statutory schedules, with higher caps in Cook County (the state’s only county over three million residents) and lower caps everywhere else.1Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 105/27.1b Counties then add assessments for automation, document storage, and legal aid, so the number you pay at the clerk’s window is usually a bit higher than the statutory base. Always confirm the exact amount with the circuit clerk for your county before you file.
General Civil Cases
A general civil lawsuit falls under Schedule 1. Outside Cook County, expect filing fees roughly in the $270 to $330 range depending on local assessments. Bureau County, for example, charges $326.2Bureau County Circuit Clerk. Civil Case Filing Fees Schedule Cook County scales the fee to the amount in dispute: $287 for claims up to $2,500, $379 for claims between $2,500 and $15,000, and $388 for claims above $15,000.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule
Divorce
A Petition for Dissolution of Marriage costs $388 in Cook County.4Clerk of the Circuit Court of Cook County. Cook County Domestic Relations Division Fee Schedule Outside Cook County, fees typically land in the $270 to $330 range. Call your circuit clerk before you file for the exact figure.
Small Claims
Small claims splits by dollar amount. If you’re suing for $2,500 or less, the case falls under Schedule 3, where fees outside Cook County can run well under $150. Bureau County charges $109 at this tier.2Bureau County Circuit Clerk. Civil Case Filing Fees Schedule Above $2,500, small claims move to Schedule 2 — $276 in Bureau County. Cook County charges $287 for claims up to $2,500 and $379 for claims between $2,500 and $15,000.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule
Eviction
Eviction cases are Schedule 1, but many counties offer a reduced fee when you’re only seeking possession and not money damages. Marion County charges $104 for a possession-only eviction and $271 for a standard residential or commercial eviction.5Marion County, Illinois. Court Fees In Cook County, a possession-only filing is $287, a joint action seeking both possession and past-due rent runs $379 to $388 depending on the amount claimed, and a mortgage foreclosure eviction is $388.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule
Probate
Opening a probate estate carries the highest filing fees in the Illinois court system. Woodford County charges $362.6Woodford County, IL. Clerk of the Circuit Court – Filing Fees Cook County charges $479 across all major estate administration types, including independent administration, supervised administration, and summary administration.7Clerk of the Circuit Court of Cook County. Probate Division Fee Schedule
Appearance Fees for Defendants
If you’ve been sued, filing your appearance in the case costs money too, and it’s separate from whatever the plaintiff paid to open it. In Cook County, appearance fees run $150 for lower-value civil and eviction cases and $250 for higher-value civil, divorce, and probate matters.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule Schedule 3 cases (the lowest-value small claims and adoptions) carry no appearance fee.1Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 105/27.1b
This one catches people. In some circuits, missing the deadline to pay the appearance fee or file a fee waiver can result in a default judgment against you.817th Judicial Circuit Court. Part 9.00 Appearance and Default (Civil) If you can’t afford it, apply for a waiver right away instead of letting the deadline pass.
Other Court Costs to Budget For
Serving the Other Party
Once your case is filed, the other side has to be officially notified. If you use the county sheriff outside Cook County, the base statutory fee is $15 per defendant for a summons plus $0.20 per mile, or $25 to serve a subpoena on a witness. Actual charges vary by county. Private process servers set their own rates. Multiple defendants or witnesses in different locations can push service costs well past the filing fee itself.
Jury Demand
Asking for a jury trial costs extra. In civil cases, a twelve-person jury runs $212.50. For small claims, a six-person jury is $12.50 and a twelve-person jury is $25.9Adams County, IL. Jury Demand Fees These amounts are consistent statewide, but confirm with your clerk.
Motions and Appeals
Filing motions during a case adds up. In Cook County, a motion to vacate or modify a judgment costs $60 within 30 days and $75 afterward. Garnishment and wage deduction filings run $35 to $65 depending on the amount at issue.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule Filing an appeal under Supreme Court Rule 313 is $50.10Illinois Courts. How to Ask the Appellate Court to Participate in an Appeal for Free
Transcripts
A written copy of a court proceeding costs $4.00 per page for an original and $1.00 per page for a copy under the statewide schedule. Expedited (within seven days) is $4.75 per page for the original and $1.50 per copy page. Same-day or next-day delivery is $5.50 per page for the original and $2.00 per copy page.1124th Judicial Circuit Illinois. Uniform Schedule of Charges for Official Transcripts Even a short hearing can generate a bill in the hundreds.
Witnesses
Witnesses called to testify get $20 per day of attendance plus $0.20 per mile. The party who calls the witness pays.12Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 35/4.3 – Witness Fees
E-Filing Charges
Electronic filing is mandatory across Illinois, so almost every document you submit goes through an approved e-filing service provider.13Illinois Courts. E-filing is Required in Illinois Some providers, including i2File (where your local clerk has subscribed) and File & Serve Xpress, charge nothing. Others charge $1 to $4 per filing.14eFileIL. eFileIL Comparison Chart These charges stack on top of the court’s own filing fee.
What Happens if You Don’t Pay
If you’re the plaintiff and don’t pay the filing fee (and don’t have an approved waiver), the clerk can refuse to process the filing. If you’re the defendant and don’t pay the appearance fee or request a waiver by the court’s deadline, you risk a default judgment.
Cook County adds late-payment penalties on unpaid fees: 5% of the balance after 30 days, 10% after 60 days, and 15% after 90 days.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule Other counties may have their own surcharges.
Fee Waivers for Low-Income Filers
Illinois offers a tiered fee waiver system tied to the federal poverty level (FPL), which in 2026 is $15,960 for an individual and $33,000 for a family of four.15HHS ASPE. 2026 Poverty Guidelines – 48 Contiguous States For civil cases, the tiers are:
- 100% waiver if your income is at or below 125% of the FPL (up to $19,950 for an individual in 2026)
- 75% waiver between 125% and 150% of the FPL
- 50% waiver between 150% and 175% of the FPL
- 25% waiver between 175% and 200% of the FPL (up to $31,920 for an individual in 2026)
Judges must grant a waiver when the applicant’s income falls in the qualifying range.16Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges Criminal cases use higher thresholds, with a full waiver up to 200% of the FPL and partial waivers extending to 400%.17Illinois Courts. Illinois Court Fee Waiver Overview
You get an automatic full waiver if you receive means-based public benefits like SSI, TANF, SNAP, or General Assistance. No income calculation is needed.17Illinois Courts. Illinois Court Fee Waiver Overview Even above the thresholds, you can apply by showing that paying the fees would cause substantial hardship. The judge weighs your expenses, debts, and assets.16Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges
Use the Illinois Supreme Court’s “Application for Waiver of Court Fees.” Every circuit court in the state has to accept it.18Office of the Illinois Courts. Fee Waiver for Civil Cases Pick it up at any circuit clerk’s office or download it from the Illinois Courts website, and submit it with your initial filing. The clerk must accept your paperwork on the date you present it even while the waiver is pending. If the application is denied, the court order will give you a specific deadline to pay before consequences kick in.16Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges
A Note on Taxes
Court fees for personal legal matters like divorce, custody disputes, or neighbor conflicts generally are not deductible on your federal income tax return. If the case is tied directly to a business you operate, filing fees and related legal costs may qualify as ordinary and necessary business expenses under federal tax law.19Office of the Law Revision Counsel. 26 USC 162 – Trade or Business Expenses The connection has to be direct, not speculative. Check with a tax professional if you aren’t sure.