Illinois court filing fees generally run from under $100 for a small-dollar small claims case in a rural county to around $479 for a probate estate in Cook County. Three variables set your number: the type of case, the dollar amount in dispute, and the county where you file. On top of the filing fee, you may owe an appearance fee if you’re the responding party, plus service, e-filing, and other costs that most people don’t see coming.
What Drives the Price
State law sorts case types into three schedules, each with a fee ceiling. Schedule 1 covers the heaviest cases: chancery, foreclosure, dissolution of marriage, eviction, and probate. Schedule 2 picks up guardianships, small claims above $2,500, and lower-value civil matters. Schedule 3 handles adoptions and small claims of $2,500 or less. The statutory caps are higher in Cook County (the only county above three million residents) and lower everywhere else. For Schedule 1, the cap is $366 in Cook County and $316 elsewhere; Schedule 2 caps at $357 and $266; Schedule 3 at $265 and $89.1Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 105/27.1b
What you actually pay at the clerk’s window usually runs higher than the cap. Counties add assessments for court automation, document storage, legal aid, and other line items set by separate statutes. That’s why a Schedule 3 filing with an $89 cap might cost $109 in one county and why a Schedule 1 filing in Cook ends up at $388. Always pull the current fee schedule from the specific circuit clerk where you plan to file.
Filing Fees by Case Type
General Civil Lawsuits
A general civil case falls under Schedule 1. Outside Cook County, expect roughly $270 to $330 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 is a Schedule 1 filing. Cook County charges $388.4Clerk of the Circuit Court of Cook County. Cook County Domestic Relations Division Fee Schedule In other counties, the fee typically lands in the $270 to $330 range. Call your circuit clerk before you file to confirm.
Small Claims
Small claims split across two schedules by the amount you’re suing for. Under $2,500 puts you in Schedule 3, where outside Cook County the fee can run well under $150. Bureau County charges $109 at this tier.2Bureau County Circuit Clerk. Civil Case Filing Fees Schedule Above $2,500 moves you to Schedule 2, which costs $276 in Bureau County. Cook County charges $287 for claims up to $2,500 and $379 between $2,500 and $15,000.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule
Eviction
Evictions are Schedule 1, though some counties offer a lower rate for possession-only filings where no money damages are sought. Marion County charges $104 for possession-only and $271 for a standard residential or commercial eviction.5Marion County, Illinois. Court Fees In Cook County, possession-only is $287, a joint action seeking both possession and past-due rent is $379 or $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 an estate is Schedule 1 and sits at the top of the price range. Woodford County charges $362.6Woodford County, IL. Clerk of the Circuit Court – Filing Fees Cook County charges $479 for independent, supervised, and summary administration alike.7Clerk of the Circuit Court of Cook County. Probate Division Fee Schedule
If You’re Being Sued: The Appearance Fee
Defendants pay a separate fee to formally enter the case. The statutory ceiling on Schedule 1 appearance fees is $230 in Cook County and $191 elsewhere; Schedule 2 is $130 and $109. Schedule 3 has no appearance fee.1Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 105/27.1b In Cook County with assessments added, appearance fees come to $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
Don’t skip this. In some circuits, failing to pay the appearance fee or file a fee waiver by the court’s deadline can result in a default judgment against you.817th Judicial Circuit Court. Part 9.00 Appearance and Default (Civil)
Costs Most Filers Forget
Service of Process
Once you file, you have to officially serve the other side. If the county sheriff does it, the base statutory rate in most Illinois counties outside Cook is $15 per defendant for a summons, plus $0.20 per mile. A subpoena served on a witness runs $25. Private process servers set their own prices. Costs scale with how many defendants and witnesses you have and where they live.
E-Filing
E-filing is mandatory throughout Illinois, so almost every document goes through an approved service provider.9Illinois Courts. E-filing is Required in Illinois Provider charges range from free to about $4 per filing. i2File (where the local circuit clerk has subscribed) and File & Serve Xpress charge nothing; others charge $1 to $4.10eFileIL. eFileIL Comparison Chart These sit on top of the court filing fee and add up over the life of a case.
Jury Demand
Asking for a jury triggers a separate fee. A standard twelve-person civil jury costs $212.50. In small claims, a six-person jury is $12.50 and a twelve-person jury is $25.11Adams County, IL. Jury Demand Fees Confirm the current amount with your circuit clerk.
Motions and Appeals
Motions during the case add up. In Cook County, a motion to vacate or modify a judgment costs $60 if filed within 30 days and $75 after. Garnishment and wage deduction filings run $35 to $65.3Clerk of the Circuit Court of Cook County. Cook County Municipal Division Fee Schedule A notice of appeal is $50 under Supreme Court Rule 313.12Illinois Courts. How to Ask the Appellate Court to Participate in an Appeal for Free
Transcripts and Witnesses
Transcripts follow a statewide schedule: $4.00 per page for the original and $1.00 per page for a copy. Delivery within seven days raises those to $4.75 and $1.50; same-day or next-day pushes them to $5.50 and $2.00.1324th Judicial Circuit Illinois. Uniform Schedule of Charges for Official Transcripts A short hearing can easily reach the hundreds. Witnesses you call receive $20 per day of attendance plus $0.20 per mile, and the party calling them pays.14Illinois General Assembly. Illinois Compiled Statutes 705 ILCS 35/4.3 – Witness Fees
Fee Waivers If You Can’t Afford to Pay
Illinois has a tiered waiver system based on the federal poverty level (FPL). For 2026, FPL is $15,960 for an individual and $33,000 for a family of four.15HHS ASPE. 2026 Poverty Guidelines – 48 Contiguous States In civil cases, income at or below 125% of FPL gets a full waiver, with partial waivers of 75%, 50%, and 25% stepping up through 200% of FPL. Judges are required to grant these waivers when 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 FPL and partial waivers extending to 400%.17Illinois Courts. Illinois Court Fee Waiver Overview
You qualify automatically for a full waiver if you receive means-based public benefits like SSI, TANF, SNAP, or General Assistance. No income calculation needed.17Illinois Courts. Illinois Court Fee Waiver Overview Even above the thresholds, you can apply by showing that paying would cause substantial hardship to you or your family; the judge weighs 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 must accept it.18Office of the Illinois Courts. Fee Waiver for Civil Cases Get it from any circuit clerk or the Illinois Courts website and submit it with your initial filing. The clerk must accept your paperwork the day you present it, even with the waiver still pending. If the waiver is denied, the court order will set 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
What Happens If You Don’t Pay
If you’re the plaintiff and don’t pay (and don’t have an approved waiver), the clerk can refuse to process your filing. If you’re the defendant and miss the appearance fee or waiver deadline, the court can enter a default judgment against you without hearing your side. Cook County also tacks on late-payment penalties: 5% of the outstanding 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 apply similar surcharges. Pay on time, or file the waiver before your deadline passes.