If the judgment is entered in favor of the claimant as to part of the property, and in favor of another party as to part, then the court shall in its discretion apportion the costs; and the sheriff, coroner and clerk of the court shall be entitled to the same fees as are allowed by law for similar services.
12-205.Costs.
Article XII. Judgments - Enforcement · Part 2. Trial of Right of Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court apportion costs when a right-of-property judgment splits between the claimant and the other party, and confirms the sheriff, coroner, and clerk collect the usual statutory fees.
Full Text of 735 ILCS 5/12-205
Plain-English Summary
Not every right-of-property trial ends in a clean win for one side. Section 12-205 handles the split verdict: when judgment favors the claimant as to part of the levied property and favors the judgment creditor as to the rest, the court has discretion to apportion costs between them rather than assign all costs to one party.
The section also confirms that the sheriff, coroner, and clerk of the court remain entitled to the same fees the law allows for similar services, regardless of how the costs get divided between the litigants.
Frequently Asked Questions
When does this cost-apportionment rule apply?
It applies when the judgment in a right-of-property proceeding favors the claimant as to part of the property and favors the other party as to the remaining part.
Who decides how costs are split?
The court, using its discretion, apportions the costs between the parties in that situation.
Does splitting costs change what the sheriff, coroner, or clerk are owed?
No. Section 12-205 confirms they are entitled to the same fees allowed by law for similar services regardless of the cost split between the parties.
How does this section connect to Section 12-204?
Section 12-204 sets the general rule that the losing side pays costs; Section 12-205 supplies the exception for a judgment that splits between the two sides.
Does this section create a new fee schedule for officers?
No. It refers to fees already allowed by law for similar services rather than setting new amounts.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois property claim split judgment costsapportioning costs trial of right of property illinoissheriff coroner clerk fees illinois