Illinois Compiled Statutes
735 ILCS 5/11-110 (2026)
Assessing damages
✓ current as of May 2026
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(735 ILCS 5/11-110)
(from Ch. 110, par. 11-110)
Sec. 11-110.
Assessing damages.
In all cases where a temporary restraining
order or a preliminary
injunction is dissolved by the circuit court or by the reviewing court,
the circuit court, after the dissolution of the temporary restraining order
or preliminary injunction, and before
finally disposing of the action shall, upon the party claiming damages by reason
of such temporary restraining order or preliminary injunction, filing a
petition under oath setting forth the nature and amount of damages suffered,
determine and enter judgment in favor of the party who was injured by such
temporary restraining order or preliminary injunction for the damages which
the party suffered as a result thereof, which judgment may be enforced as
other judgments for the payment of money. However, a
failure so to assess damages as hereinabove set out shall not operate as
a bar to an action upon the injunction bond.
(Source: P.A. 82-280.)
(735 ILCS 5/Art. XI Pt. 3 heading) Part 3.
Disbursement of Public Moneys
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Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1993–2022 · leading case: C.D. Peters Constr. Co. v. Tri-City Reg'l Port Dist., 666 N.E.2d 44 (Ill. App. Ct. 1996).
C.D. Peters Constr. Co. v. Tri-City Reg'l Port Dist., 666 N.E.2d 44 (Ill. App. Ct. 1996). “On April 7, 1995, Keller filed a motion for statutory damages under section 11-110 of the Code of Civil Procedure (the Code) (735 ILCS 5/11-110 (West 1994)). Keller now appeals from the denial of its motion for damages, contending (1) that the trial court erred in denying its…”
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “at 437-38 (citing 735 ILCS 5/11-110 (West 1992)). The defendant in that case sought to recover as compensatory damages the attorney fees paid in procuring the dissolution of a preliminary injunction entered against him, but those fees had been paid by a third party.”
Label Printers v. Pflug, 616 N.E.2d 706 (Ill. App. Ct. 1993). “The issue on appeal is whether a defendant who is not obliged to pay attorney fees may seek compensation for the fees as damages pursuant to section 11 — 110 of the Code of Civil Procedure (735 ILCS 5/11-110 (West 1992)). The facts underlying this appeal were supplied in our…”
Vill. of Sleepy Hollow v. Pulte Home Corp., 783 N.E.2d 1093 (Ill. App. Ct. 2003). “Sleepy Hollow moved to dismiss Pulte's petition pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2000)), arguing that section 2-201 of the Immunity Act shielded it from liability.”
Ritchie Multi-Strategies Global, LLC v. Huizenga Capital Mgmt., LLC, 2019 IL App (1st) 182664 (Ill. App. Ct. 2019). “-3- ¶ 14 Section 11-110 of the Code of Civil Procedure (Code) (735 ILCS 5/11-110 (West 2016)), provides for damages “where a temporary restraining order *** is dissolved by the circuit court or by the reviewing court.”
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “at 437-38 (citing 735 ILCS 5/11-110 (West 1992)). The defendant in that case sought to recover as compensatory damages the attorney fees paid in procuring the dissolution of a preliminary injunction entered against him, but those fees had been paid by a third party.”
Ritchie Multi-Strategies Global, LLC v. Huizenga Capital Mgmt., LLC, 2019 IL App (1st) 182664 (Ill. App. Ct. 2019). “¶ 14 Section 11-110 of the Code of Civil Procedure (Code) (735 ILCS 5/11-110 (West 2016)), provides for damages “where a temporary restraining order *** is dissolved by the circuit court or by the reviewing court.”
Connor Fam. Trust v. Chejfec, 2022 IL App (2d) 210211-U (Ill. App. Ct. 2022). “ORDER ¶1 Held: The trial court erred in finding that the temporary restraining order was wrongfully entered and awarding Chejfec damages, because the temporary restraining order expired on its own during the hearing on the preliminary injunction rather than being dissolved, as…”
Islamic Ctr. of Chicago W. Suburbs v. Fahmy, 2020 IL App (2d) 190249-U (Ill. App. Ct. 2020). “On February 1, 2018, Fahmy and Almasri filed a “Verified Petition for Damages” pursuant to section 11-110 of the Code (735 ILCS 5/11-110 (West 2018)), alleging that the December 15, 2017, temporary restraining order was wrongly entered and damages were appropriate.”
In re Marriage of Petersen (Ill. App. Ct. 2001). “2d 982 (1985); 735 ILCS 5/11-110 (West 1998). 6: In Schwartz , the court granted the husband's request for a preliminary injunction to enjoin his wife from prohibiting his use of a Florida condominium titled in the wife's name alone.”
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