ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/5-101 (2026)

Security for costs

✓ current as of May 2026
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(735 ILCS 5/5-101) (from Ch. 110, par. 5-101)
    Sec. 5-101. Security for costs. In all actions in any court on official bonds for the use of any person, actions on the bonds of executors, administrators or guardians, qui tam actions, actions on a penal statute, and in all civil actions, where the plaintiff, or person for whose use an action is to be commenced, is not a resident of this State, the plaintiff, or person for whose use the action is to be commenced, shall, before he or she institutes such action, file, or cause to be filed, with the clerk of the court in which the action is to be commenced, security for costs, substantially in the following form:
    A B v. C D - (Title of court.)
    I, (E.F.) enter myself security for all costs which may accrue in the above entitled action.
    Dated this .... day of ...., .....
(Signed) E.F.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2002–2023 · leading case: In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014).
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In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). “But the Illinois costs statutes (735 ILCS 5/5-101 et seq. (West 2010)) do not themselves provide a definition of “costs” or state what items of costs are intended.”
In re Marriage of Tiballi, 2014 IL 116319 (Ill. 2014). “But the Illinois costs statutes (735 ILCS 5/5-101 et seq. (West 2010)) do not themselves provide a definition of “costs” or state what items of costs are intended.”
Nationstar Mortg. LLC v. Nordgren, 2023 IL App (2d) 220332-U (Ill. App. Ct. 2023). “On May 3, 2018, John filed a motion to dismiss, arguing that the matter should be dismissed because plaintiff, a nonresident of Illinois, failed to file certain security costs prior to -2- 2023 IL App (2d) 220332-U commencing the instant action, as it was required to do under…”
Lease Partners Corp. v. R & J Pharmacies Inc. (Ill. App. Ct. 2002). · cites it 2× “735 ILCS 5/5-101 (West 2000). The statute indicates that: "in all civil actions, where the plaintiff * * * is not a resident of this State, the plaintiff * * * shall, before he or she institutes such an action, file, or cause to be field, with the clerk of the court in which the…”
U.S. Bank Trust, N.A. v. Stultz, 2019 IL App (1st) 190196-U (Ill. App. Ct. 2019). “Bank, a non-resident of Illinois, had not filed security for costs as allegedly required by section 5-101 of the Code (735 ILCS 5/5-101 (West 2016)). ¶7 On May 22, U.”
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