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Illinois Compiled Statutes

735 ILCS 5/5-105 (2026)

Waiver of court fees, costs, and charges

✓ current as of May 2026
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(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
    Sec. 5-105. Waiver of court fees, costs, and charges.
    (a) As used in this Section:
        (1) "Fees, costs, and charges" means payments imposed
    
on a party in connection with the prosecution or defense of a civil action, including, but not limited to: fees set forth in Section 27.1b of the Clerks of Courts Act; fees for service of process and other papers served either within or outside this State, including service by publication pursuant to Section 2-206 of this Code and publication of necessary legal notices; motion fees; charges for participation in, or attendance at, any mandatory process or procedure including, but not limited to, conciliation, mediation, arbitration, counseling, evaluation, "Children First", "Focus on Children" or similar programs; fees for supplementary proceedings; charges for translation services; guardian ad litem fees; and all other processes and procedures deemed by the court to be necessary to commence, prosecute, defend, or enforce relief in a civil action.
        (2) "Indigent person" means any person who meets one
    
or more of the following criteria:
            (i) He or she is receiving assistance under one
        
or more of the following means-based governmental public benefits programs: Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), General Assistance, Transitional Assistance, or State Children and Family Assistance.
            (ii) His or her available personal income is 125%
        
or less of the current poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of this Code are of a nature and value that the court determines that the applicant is able to pay the fees, costs, and charges.
            (iii) He or she is, in the discretion of the
        
court, unable to proceed in an action without payment of fees, costs, and charges and whose payment of those fees, costs, and charges would result in substantial hardship to the person or his or her family.
            (iv) He or she is an indigent person pursuant to
        
Section 5-105.5 of this Code.
        (3) "Poverty level" means the current poverty level
    
as established by the United States Department of Health and Human Services.
    (b) On the application of any person, before or after the commencement of an action:
        (1) If the court finds that the applicant is an
    
indigent person, the court shall grant the applicant a full fees, costs, and charges waiver entitling him or her to sue or defend the action without payment of any of the fees, costs, and charges.
        (2) If the court finds that the applicant satisfies
    
any of the criteria contained in items (i), (ii), or (iii) of this subdivision (b)(2), the court shall grant the applicant a partial fees, costs, and charges waiver entitling him or her to sue or defend the action upon payment of the applicable percentage of the assessments, costs, and charges of the action, as follows:
            (i) the court shall waive 75% of all fees, costs,
        
and charges if the available income of the applicant is greater than 125% but does not exceed 150% of the poverty level, unless the assets of the applicant that are not exempt under Part 9 or 10 of Article XII of this Code are such that the applicant is able, without undue hardship, to pay a greater portion of the fees, costs, and charges;
            (ii) the court shall waive 50% of all fees,
        
costs, and charges if the available income is greater than 150% but does not exceed 175% of the poverty level, unless the assets of the applicant that are not exempt under Part 9 or 10 of Article XII of this Code are such that the applicant is able, without undue hardship, to pay a greater portion of the fees, costs, and charges; and
            (iii) the court shall waive 25% of all fees,
        
costs, and charges if the available income of the applicant is greater than 175% but does not exceed 200% of the current poverty level, unless the assets of the applicant that are not exempt under Part 9 or 10 of Article XII of this Code are such that the applicant is able, without undue hardship, to pay a greater portion of the fees, costs, and charges.
    (c) An application for waiver of court fees, costs, and charges shall be in writing and signed by the applicant, or, if the applicant is a minor or an incompetent adult, by another person having knowledge of the facts. The contents of the application for waiver of court fees, costs, and charges, and the procedure for the decision of the applications, shall be established by Supreme Court Rule. Factors to consider in evaluating an application shall include:
        (1) the applicant's receipt of needs based
    
governmental public benefits, including Supplemental Security Income (SSI); Aid to the Aged, Blind and Disabled (AABD); Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP or "food stamps"); General Assistance; Transitional Assistance; or State Children and Family Assistance;
        (2) the employment status of the applicant and amount
    
of monthly income, if any;
        (3) income received from the applicant's pension,
    
Social Security benefits, unemployment benefits, and other sources;
        (4) income received by the applicant from other
    
household members;
        (5) the applicant's monthly expenses, including
    
rent, home mortgage, other mortgage, utilities, food, medical, vehicle, childcare, debts, child support, and other expenses; and
        (6) financial affidavits or other similar supporting
    
documentation provided by the applicant showing that payment of the imposed fees, costs, and charges would result in substantial hardship to the applicant or the applicant's family.
    (c-5) The court shall provide, through the office of the clerk of the court, the application for waiver of court fees, costs, and charges to any person seeking to sue or defend an action who indicates an inability to pay the fees, costs, and charges of the action. The clerk of the court shall post in a conspicuous place in the courthouse a notice no smaller than 8.5 x 11 inches, using no smaller than 30-point typeface printed in English and in Spanish, advising the public that they may ask the court for permission to sue or defend a civil action without payment of fees, costs, and charges. The notice shall be substantially as follows:
        "If you are unable to pay the fees, costs, and
    
charges of an action you may ask the court to allow you to proceed without paying them. Ask the clerk of the court for forms."
    (d) (Blank).
    (e) The clerk of the court shall not refuse to accept and file any complaint, appearance, or other paper presented by the applicant if accompanied by an application for waiver of court fees, costs, and charges, and those papers shall be considered filed on the date the application is presented. If the application is denied or a partial fees, costs, and charges waiver is granted, the order shall state a date certain by which the necessary fees, costs, and charges must be paid. For good cause shown, the court may allow an applicant who receives a partial fees, costs, and charges waiver to defer payment of fees, costs, and charges, make installment payments, or make payment upon reasonable terms and conditions stated in the order. The court may dismiss the claims or strike the defenses of any party failing to pay the fees, costs, and charges within the time and in the manner ordered by the court. A judicial ruling on an application for waiver of court assessments does not constitute a decision of a substantial issue in the case under Section 2-1001 of this Code.
    (f) The order granting a full or partial fees, costs, and charges waiver shall expire after one year. Upon expiration of the waiver, or a reasonable period of time before expiration, the party whose fees, costs, and charges were waived may file another application for waiver and the court shall consider the application in accordance with the applicable Supreme Court Rule.
    (f-5) If, before or at the time of final disposition of the case, the court obtains information, including information from the court file, suggesting that a person whose fees, costs, and charges were initially waived was not entitled to a full or partial waiver at the time of application, the court may require the person to appear at a court hearing by giving the applicant no less than 10 days' written notice of the hearing and the specific reasons why the initial waiver might be reconsidered. The court may require the applicant to provide reasonably available evidence, including financial information, to support his or her eligibility for the waiver, but the court shall not require submission of information that is unrelated to the criteria for eligibility and application requirements set forth in subdivision (b)(1) or (b)(2) of this Section. If the court finds that the person was not initially entitled to any waiver, the person shall pay all fees, costs, and charges relating to the civil action, including any previously waived fees, costs, and charges. The order may state terms of payment in accordance with subsection (e). The court shall not conduct a hearing under this subsection more often than once every 6 months.
    (f-10) If, before or at the time of final disposition of the case, the court obtains information, including information from the court file, suggesting that a person who received a full or partial waiver has experienced a change in financial condition so that he or she is no longer eligible for that waiver, the court may require the person to appear at a court hearing by giving the applicant no less than 10 days' written notice of the hearing and the specific reasons why the waiver might be reconsidered. The court may require the person to provide reasonably available evidence, including financial information, to support his or her continued eligibility for the waiver, but shall not require submission of information that is unrelated to the criteria for eligibility and application requirements set forth in subdivisions (b)(1) and (b)(2) of this Section. If the court enters an order finding that the person is no longer entitled to a waiver, or is entitled to a partial waiver different than that which the person had previously received, the person shall pay the requisite fees, costs, and charges from the date of the order going forward. The order may state terms of payment in accordance with subsection (e) of this Section. The court shall not conduct a hearing under this subsection more often than once every 6 months.
    (g) A court, in its discretion, may appoint counsel to represent an indigent person, and that counsel shall perform his or her duties without fees, charges, or reward.
    (h) Nothing in this Section shall be construed to affect the right of a party to sue or defend an action in forma pauperis without the payment of fees, costs, charges, or the right of a party to court-appointed counsel, as authorized by any other provision of law or by the rules of the Illinois Supreme Court. Nothing in this Section shall be construed to limit the authority of a court to order another party to the action to pay the fees, costs, and charges of the action.
    (h-5) If a party is represented by a civil legal services provider or an attorney in a court-sponsored pro bono program as defined in Section 5-105.5 of this Code, the attorney representing that party shall file a certification with the court in accordance with Supreme Court Rule 298 and that party shall be allowed to sue or defend without payment of fees, costs, and charges without filing an application under this Section.
    (h-10) (Blank).
    (i) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 101-36, eff. 6-28-19; 102-558, eff. 8-20-21.)

    
Notes of Decisions
Cited in 26 cases (10 in the last 5 years), 2001–2026 · leading case: Simms v. Acevedo, 595 F.3d 774 (7th Cir. 2010).
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Simms v. Acevedo, 595 F.3d 774 (7th Cir. 2010). · cites it 3× “But, regardless of whether the statute commands the clerk in a situation like Simms's to file the petition and then ask for the required trust fund information, or whether the statute allows the clerk to return the petition without filing it and then file it when the proper…”
In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct. 2020). · cites it 7× “Main (who has been representing himself in this case), was found by the trial court to be indigent and to qualify for a waiver of court fees, costs, and charges, pursuant to section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)). In preparation for…”
Sims v. Atkins, 2021 IL App (3d) 190456 (Ill. App. Ct. 2021). · cites it 10× “ANALYSIS ¶9 The waiver of court-imposed charges for self-represented litigants in Illinois is governed by section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
Battle v. Chicago Police Dept., 2022 IL App (1st) 200083 (Ill. App. Ct. 2022). · cites it 8× “¶ 12 Indigent litigants in Illinois are permitted to apply for a waiver of court fees, costs, and charges pursuant to the provisions in section 5-105 of the Code (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
Ellis v. Flannery, 2021 IL App (1st) 201096 (Ill. App. Ct. 2021). “July 1, 2019) and section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)) and dismissing her complaint in a separate action.”
Illinois State Treausrer v. Illinois Workers' Comp. Comm'n, 2015 IL 117418 (Ill. 2015). “, 735 ILCS 5/5-105 (West 2012); Ill. S. Ct.”
Illinois State Treausrer v. Illinois Workers' Comp. Comm'n, 2015 IL 117418 (Ill. 2015). “, 735 ILCS 5/5-105 (West 2012); Ill. S. Ct.”
In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct. 2020). · cites it 8× “Main (who has been representing himself in this case), was found by the trial court to be indigent and to qualify for a waiver of court fees, costs, and charges, pursuant to section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)). In preparation for…”
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). · cites it 4× “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant’s application.”
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). · cites it 4× “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant's application.”
People v. Lewis, 961 N.E.2d 1237 (Ill. App. Ct. 2011). · cites it 4× “5(b) of the Code to be inapplicable, it required the defendant to file applications and supporting affidavits for leave to sue or defend as an indigent person, as provided in section 5-105 of the Code (735 ILCS 5/5-105 (West 2010)) and Illinois Supreme Court Rule 298 (eff.”
Summers v. Catlin, 2026 IL App (3d) 250194 (Ill. App. Ct. 2026). · cites it 7× “2 —The Appellant in Main sought a transcript fee waiver under 735 ILCS 5/5-105 and 735 ILCS 5/5-105.5; the Petitioner in this matter seeks a waiver only under 735 ILCS 5/5-105 —The Illinois state legislature amended 735 ILCS 5/5-105 (Public Act 102-55 eff.”
Show all 26 citing cases →
— 735 ILCS 5/5-105(a)(1) — 5 cases
In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct. 2020). “Main (who has been representing himself in this case), was found by the trial court to be indigent and to qualify for a waiver of court fees, costs, and charges, pursuant to section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)). In preparation for…”
In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct. 2020). “Main (who has been representing himself in this case), was found by the trial court to be indigent and to qualify for a waiver of court fees, costs, and charges, pursuant to section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)). In preparation for…”
People v. Lewis, 961 N.E.2d 1237 (Ill. App. Ct. 2011). “5(b) of the Code to be inapplicable, it required the defendant to file applications and supporting affidavits for leave to sue or defend as an indigent person, as provided in section 5-105 of the Code (735 ILCS 5/5-105 (West 2010)) and Illinois Supreme Court Rule 298 (eff.”
Summers v. Catlin, 2026 IL App (3d) 250194 (Ill. App. Ct. 2026). “2 —The Appellant in Main sought a transcript fee waiver under 735 ILCS 5/5-105 and 735 ILCS 5/5-105.5; the Petitioner in this matter seeks a waiver only under 735 ILCS 5/5-105 —The Illinois state legislature amended 735 ILCS 5/5-105 (Public Act 102-55 eff.”
In re Marriage of Goldin, 2024 IL App (1st) 221428-U (Ill. App. Ct. 2024).
— 735 ILCS 5/5-105(a)(2) — 2 cases
Battle v. Chicago Police Dept., 2022 IL App (1st) 200083 (Ill. App. Ct. 2022). “¶ 12 Indigent litigants in Illinois are permitted to apply for a waiver of court fees, costs, and charges pursuant to the provisions in section 5-105 of the Code (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
Sims v. Atkins, 2021 IL App (3d) 190456 (Ill. App. Ct. 2021). “ANALYSIS ¶9 The waiver of court-imposed charges for self-represented litigants in Illinois is governed by section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
— 735 ILCS 5/5-105(a)(2)(ii) — 2 cases
Yves Maboneza v. Officer Kincaid (7th Cir. 2020).
Yves Maboneza v. Officer Kincaid (7th Cir. 2020).
— 735 ILCS 5/5-105(b)(1) — 4 cases
Sims v. Atkins, 2021 IL App (3d) 190456 (Ill. App. Ct. 2021). “ANALYSIS ¶9 The waiver of court-imposed charges for self-represented litigants in Illinois is governed by section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
Battle v. Chicago Police Dept., 2022 IL App (1st) 200083 (Ill. App. Ct. 2022). “¶ 12 Indigent litigants in Illinois are permitted to apply for a waiver of court fees, costs, and charges pursuant to the provisions in section 5-105 of the Code (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct. 2020). “Main (who has been representing himself in this case), was found by the trial court to be indigent and to qualify for a waiver of court fees, costs, and charges, pursuant to section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2018)). In preparation for…”
Summers v. Catlin, 2026 IL App (3d) 250194 (Ill. App. Ct. 2026). “2 —The Appellant in Main sought a transcript fee waiver under 735 ILCS 5/5-105 and 735 ILCS 5/5-105.5; the Petitioner in this matter seeks a waiver only under 735 ILCS 5/5-105 —The Illinois state legislature amended 735 ILCS 5/5-105 (Public Act 102-55 eff.”
— 735 ILCS 5/5-105(c) — 3 cases
Sims v. Atkins, 2021 IL App (3d) 190456 (Ill. App. Ct. 2021). “ANALYSIS ¶9 The waiver of court-imposed charges for self-represented litigants in Illinois is governed by section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant’s application.”
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant's application.”
— 735 ILCS 5/5-105(d) — 5 cases
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant’s application.”
Walsh v. Will Cnty. Adult Det. Facility, 2015 IL App (3d) 140246 (Ill. App. Ct. 2015). “The claimant also filed an application for leave to sue as an indigent person under section 5-105 of the Code of Civil Procedure (Code) (735 ILCS 5/5-105 (West 2012)). The trial court denied the claimant's application.”
Battle v. Chicago Police Dept., 2022 IL App (1st) 200083 (Ill. App. Ct. 2022). “¶ 12 Indigent litigants in Illinois are permitted to apply for a waiver of court fees, costs, and charges pursuant to the provisions in section 5-105 of the Code (735 ILCS 5/5-105 (West 2020)) and Illinois Supreme Court Rule 298 (eff.”
People v. Lewis, 961 N.E.2d 1237 (Ill. App. Ct. 2011). “5(b) of the Code to be inapplicable, it required the defendant to file applications and supporting affidavits for leave to sue or defend as an indigent person, as provided in section 5-105 of the Code (735 ILCS 5/5-105 (West 2010)) and Illinois Supreme Court Rule 298 (eff.”
People v. Lewis, 2011 IL App (5th) 110279 (Ill. App. Ct. 2011).
— 735 ILCS 5/5-105(e) — 5 cases
Simms v. Acevedo, 595 F.3d 774 (7th Cir. 2010). “But, regardless of whether the statute commands the clerk in a situation like Simms's to file the petition and then ask for the required trust fund information, or whether the statute allows the clerk to return the petition without filing it and then file it when the proper…”
Moore v. Knupp, 2022 IL App (5th) 210118-U (Ill. App. Ct. 2022).
Darryl Simms v. Gerardo Acevedo (7th Cir. 2010).
Darryl Simms v. Gerardo Acevedo (7th Cir. 2010).
Darryl Simms v. Gerardo Acevedo (7th Cir. 2010).
— 735 ILCS 5/5-105(f) — 1 case
In re Marriage of Goldin, 2024 IL App (1st) 221428-U (Ill. App. Ct. 2024).
— 735 ILCS 5/5-105(g) — 1 case
Talley v. Zellner & Assocs., 2020 IL App (1st) 191159-U (Ill. App. Ct. 2020).
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