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Illinois Compiled Statutes

735 ILCS 5/5-103 (2026)

Dismissal for want of security

✓ current as of May 2026
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(735 ILCS 5/5-103) (from Ch. 110, par. 5-103)
    Sec. 5-103. Dismissal for want of security. If any such action is commenced without filing such written instrument, the court, on motion, shall dismiss the same, and the attorney of the plaintiff shall pay all costs accruing thereon, unless the security for costs is filed within such time as is allowed by the court, and when so filed it shall relate back to the commencement of the action; the right to require security for costs shall not be waived by any proceeding in the action.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2002–2023 · leading case: Lease Partners Corp. v. R & J Pharmacies Inc. (Ill. App. Ct. 2002).
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Lease Partners Corp. v. R & J Pharmacies Inc. (Ill. App. Ct. 2002). · cites it 5× “85 (West 2000)), and for failure to file security for costs, pursuant to section 5-103 of the Illinois Civil Practice Code (section 5-103) (735 ILCS 5/5-103 (West 2000)). Lease Partners contends that the court misconstrued section 15.”
Theosis, Inc. Solo 401(k) Trust v. Billings, 2023 IL App (1st) 221478-U (Ill. App. Ct. 2023). · cites it 2× “He cites to the section of the Code of Civil Procedure under which the circuit court is directed to dismiss an action that is commenced without the party filing security for costs (citing 735 ILCS 5/5-103 (West 2020)). Billings acknowledges that Theosis eventually filed security…”
U.S. Bank Trust, N.A. v. Stultz, 2019 IL App (1st) 190196-U (Ill. App. Ct. 2019). “See 735 ILCS 5/5-103 (West 2016) (providing that security for costs, if filed within the time specified by the court, relates back to the filing of the action).”
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