17th Judicial Circuit Court, Winnebago County, Illinois Filing Fees and Waivers

CRITICALCivil cases

Applies to

Appearance

One appearance fee is due for a single appearance entered for several parties; separate appearances require separate fees.

If a single appearance is entered for several parties, a single appearance fee shall be paid. If separate appearances are entered for several parties, either by the same or different attorneys, separate appearance fees shall be paid.

CRITICAL

Applies to

Residential mortgage foreclosure counterclaim

A residential foreclosure counterclaim incurs the additional filing fee, and the counterplaintiff must email filing notice to the Program Administrator within seven calendar days.

Where the complaint to foreclose a mortgage takes the form of a Counterclaim (i.e. the original complaint is a mechanics lien), any counterclaims to foreclose a residential mortgage must pay the extra filing fee set forth above in Section A. Within 7 calendar days of filing a Counterclaim seeking foreclosure of a residential mortgage, the counter plaintiff shall send notice of this filing to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it..

CRITICAL

Subscribers must maintain either a prepaid draw-down account with the Clerk or a valid electronic payment account with the Vendor to pay statutory filing fees.

All subscribers shall establish either a pre-paid draw down account with the Clerk of the Court or maintain a valid electronic payment account with the e-filing Vendor for the payment of statutory filing fees.

CRITICAL

When both parties have full or partial fee waivers, the court must allocate GAL or mediator fees using the chart, and the appointment order must state each party’s percentage.

If both parties have full or partial fee waivers, the court shall determine how the GAL or Mediator fees shall be paid, following the guideline percentages listed in the chart below:The Order Appointing GAL or Mediator shall indicate what percentage each party is to bear for services rendered by the GAL or Mediator.

CRITICAL

Payment of filing fees is stayed while the Court considers a fee-waiver petition based on indigence.

When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.

CRITICALCriminal cases

Fee

1000

Applies to

Deferred prosecution program

Defendants admitted to the program must pay a program fee capped at $1,000.00 to the Winnebago County Treasurer’s Office.

Defendants admitted to the program shall be ordered to pay fees, fines and costs made payable to the Winnebago County Treasurer’s Office as follows: Non-Refundable Application Fee of $50.00 Program Fee not to exceed $1,000.00

CRITICAL

Fee

$200

Unless an exception applies, a $200 DNA analysis fee is due at sentencing; for good cause, the court may set a payment schedule that does not exceed 24 months from sentencing.

Unless the conditions under D-1 have been satisfied, the offender shall be directed to pay to the clerk of the court an analysis fee of $200.00, in addition to any other disposition, penalty, costs or fines imposed. The fee shall be paid at the time of sentencing unless the court establishes, for good cause, the fee cannot be paid forthwith. In such event the court shall establish a collection fee schedule which shall not exceed 24 months from time of sentencing.

CRITICAL

Fee

$150

Applies to

Residential mortgage foreclosure complaint

Residential foreclosure complaints in Boone and Winnebago Counties must designate mediation status and incur an additional $150 filing fee.

In all Winnebago and Boone County cases where a complaint is to foreclose a mortgage on residential real estate (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation and the Circuit Clerk shall charge an additional filing fee to defray the cost of the Foreclosure Mediation Program. The fees collected shall be forwarded to the County Treasurer for the County in which the case is filed and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Seventeenth Judicial Circuit. The additional fee for such case is set at $150 per filing.

CRITICAL

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.

CRITICALCivil cases

Applies to

Eviction case

In Winnebago County eviction cases, plaintiffs must pay a fee to bring the case and defendants must pay a fee to contest it at trial.

Illinois law requires plaintiffs to pay a fee to bring an eviction case, and it also requires defendants to pay a fee if they want to contest those cases at trial.

CRITICALCriminal cases

Fee

50

Applies to

Deferred prosecution application

Defendants admitted to the program must pay a non-refundable $50 application fee to the Winnebago County Treasurer’s Office.

Defendants admitted to the program shall be ordered to pay fees, fines and costs made payable to the Winnebago County Treasurer’s Office as follows: Non-Refundable Application Fee of $50.00

CRITICAL

When one party has no fee waiver and the other has a full or partial waiver, the party without a waiver is responsible for all GAL or mediator fees.

If one party does not have a fee waiver, and the other has a full or partial fee waiver, the party without a fee waiver shall be responsible for 100% of the GAL or Mediator fees.

CRITICALCivil cases

Applies to

Arbitration case

In Winnebago and Boone County arbitration cases, plaintiffs must pay a fee to file the case and defendants must pay a fee to contest it.

Illinois law requires plaintiffs to pay a fee to file a case, and it also requires defendants to pay a fee if they want to contest those cases.

CRITICAL

Before authorizing public payment of a major case expense in a case with an approved fee waiver, the judge must reassess the applicant’s current financial eligibility.

In cases where an Application for Waiver of Fees has been approved, the judge presiding in the case shall, before authorizing public payment of a major case expense (including payment of fees for a guardian ad litem, mediation, parenting class, or preparation of the record on appeal) re-examine the applicant as to present financial status to determine if the applicant is still eligible for a fee waiver, in a manner not inconsistent with 735 ILCS 5/5-105 subparts f-5 and f-10.

CRITICALCivil cases

Applies to

Rule 204 b petition

A petitioner proceeding under Supreme Court Rule 204(b) must pay the same fee charged to commence a civil action.

The petitioner shall pay the same fee as if commencing a civil action.

CRITICAL

The Vendor collects required filing fees from subscribers by direct billing unless a court order or law waives the fee.

The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless the payment of the fee has been waived by court order or law.

WARNING

Applies to

Dissolution transcript

The existing dissolution transcript fee order is abolished, retroactive to October 1, 1997.

It is hereby ordered that the existing General Order 4.04 Dissolution of Marriage - Transcript Fee is abolished in its entirety retroactive to October 1, 1997.

WARNING

Copies of documents or certifications must be available to a requesting party at a reasonable cost, including applicable fees set by rule or statute.

Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute.

WARNING

Applies to

Respondent appearance

If the parties mediate and settle at their first appearance, the respondent’s appearance fee is waived.

Mediation may occur at any time during the small claims process, however, if the parties agree to participate in mediation at the first appearance and the case is settled at that time, the respondent’s appearance fee will be waived.

WARNING

The Vendor may charge subscribers or impose reasonable contractual requirements to process filings, but may not charge government users or parties deemed indigent by the Court.

The e-filing Vendor may require payment of a fee or impose other reasonable requirements by contract with a subscriber as conditions for processing electronic filings. Pursuant to contract terms, the e-filing Vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

WARNING

Applies to

Fee waiver application

A fee-waiver application denied for incomplete supporting documentation is denied without prejudice, and the applicant may reapply with a complete application.

A judge’s denial of an Application for Waiver of Fees on the basis of incomplete supporting documentation is to be considered a denial without prejudice; the applicant may reapply with a completed application.

WARNINGCivil cases

Applies to

Appointment documents

No additional fee is due when the appointment documents are filed as part of the contemporaneously filed civil case.

(with no additional fee to be paid)

WARNING

Vendor service fees are separate from and additional to statutory filing fees.

Fees charged to e-filing subscribers by the Vendor for Vendor services are solely the property of the Vendor and are in addition to any statutory fees associated with statutory filing fees.

WARNINGCivil cases

Applies to

Eviction case

A financially unable litigant in a Winnebago County eviction case may request a fee waiver in writing with supporting documents.

If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.

WARNING

The court must initially determine each party’s ability to pay GAL or mediator fees.

The court shall make an initial determination of each party’s ability to pay GAL or Mediator fees.

WARNING

A party assigned all appointed-attorney fees may petition for a contribution within the amount allowed by the other party’s fee-waiver eligibility.

If one party is assigned 100% of appointed attorney fees, then said party may petition the Court for contribution from the other party in an amount not in excess of what is legally permissible based on fee waiver eligibility.

WARNING

When neither or only one party has a fee waiver, the GAL or mediator sets the hourly rate.

When neither or only one party has a full or partial fee waiver, the hourly rate will be set by the GAL or Mediator.

WARNING

Applies to

Transcript

The attorney representing the party seeking dissolution is responsible for paying the transcript fee.

Payment of said fee shall be the responsibility of the attorney representing the party seeking dissolution.

WARNING

Fee

150

Applies to

Appointed guardian ad litem services

When both parties have full or partial fee waivers, an appointed GAL’s hourly rate is $150.

The hourly rate for an appointed GAL is set at $150.00.

WARNING

Fee

100

Applies to

Appointed mediator services

When both parties have full or partial fee waivers, an appointed mediator’s hourly rate is $100.

The hourly rate for an appointed Mediator is set at $100.00; and

WARNING

An order granting a full or partial civil fee waiver may prospectively override the appointment order, but parties must request its modification.

The terms of the Order of Appointment may be prospectively overridden by the entry of an order granting a full or partial Civil Fee Waiver. It is incumbent on the parties to request modification to the Order of Appointment.

WARNING

Copies of documents or certifications must be made available to a requesting party at a reasonable cost, including applicable rule- or statute-set fees.

Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all fees as set by rule or statute.

INFO

Court partner agencies initiating criminal-case filings are exempt from filing fees and applicable Vendor fees.

Filings initiated by Court partner agencies in criminal cases (e.g. States Attorney, Public Defender, Attorney General, Law Enforcement) shall be exempt from the payment of filing fees and any vendor fees, as appropriate.

INFOCivil cases

Applies to

Eviction case

A defendant who pays the fee and wins at trial may ask the Court to require the plaintiff to reimburse the fee.

If you pay the fee and then win at trial, you may ask the Court to require the plaintiff to reimburse you.

INFOCivil cases

Applies to

Arbitration case

A defendant who pays the fee and wins at trial in an arbitration case may ask the Court to order the other side to reimburse the fee.

If you pay the fee and then win at trial, you may ask the Court to order that the other side reimburse you.