(a) In any action in which any part of the relief sought is a judgment for a sum of money or a determination by the court as to the disposition of a sum of money and a party to the action deposits all or part of that sum with the clerk of the court, the clerk shall deposit that money in an interest bearing account as provided in this Section. When a judgment is entered as to the disposition of the principal deposited, the court shall also direct disposition of the interest accrued to the parties as it deems appropriate.
2-1011.Deposits with Court.
Article II. Civil Practice · Part 10. Pre-trial Steps · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1011 tells the circuit clerk what to do with money a party deposits with the court while a case is pending: put it in an insured, interest-bearing account, keep accurate records, and pay it out only by clerk's check under a court order that matches the account records and names who gets paid and how much.
Full Text of 735 ILCS 5/2-1011
(b) Unless otherwise ordered by the court as to a specified deposit or deposits, all funds so deposited with the court may be intermingled. The accounts established by the clerk of the circuit court under this Section shall be in banks or savings and loan associations doing business in this State. The accounts must be insured by an agency of the United States to the full extent of the amounts held in the accounts. The clerk shall keep complete and accurate records of the amounts deposited with the court in each action and of the accounts containing those deposits. The records and accounts shall be subject to audit, as provided by law. The clerk shall, upon request of any party in an action in which a sum of money has been deposited with the court under this Section, furnish to that party a statement showing the condition of the deposit or of the account containing the deposit.
(c) Payment out of money deposited with the court shall be made only upon order of the court after a finding that:
(1) the order is consistent with the account records as to the amount involved; and
(2) the order correctly identifies affected parties and specifies to whom payments are to be made and the amount each is to receive. (d) No moneys on deposit under this Section shall be paid out except by a check of the clerk. (e) Orders to pay out may be made under terms and conditions as the court may, in its discretion, deem appropriate, subject to the provisions of this Section. The orders may be stayed pending appeal upon application under Supreme Court Rule 305.
Plain-English Summary
When part of the relief sought in a case is a money judgment or a court determination of how a sum of money should be disposed of, and a party deposits that money with the clerk, Section 2-1011 requires the clerk to place it in an interest-bearing account. When judgment is entered on the disposition of the deposited principal, the court also directs how the accrued interest should be distributed among the parties as it deems appropriate.
Unless the court orders otherwise for a specific deposit, funds deposited under this section may be intermingled with other deposits, but they must sit in accounts at banks or savings and loan associations doing business in Illinois that are insured by a federal agency for the full amount held. The clerk has to keep complete and accurate records of every deposit and account, those records are subject to audit, and any party to an action with a deposit on file can request a statement showing the condition of the deposit or account.
Getting money out requires a court order, and that order has to rest on specific findings: that it is consistent with the account records as to the amount involved, and that it correctly identifies the affected parties and specifies who receives payment and how much. Payment out never happens except by a check the clerk issues. The court retains discretion to set the terms and conditions of a payout order, consistent with the section, and such an order can be stayed pending appeal under Supreme Court Rule 305.
Frequently Asked Questions
What happens to money a party deposits with the court under Section 2-1011?
The clerk deposits it in an interest-bearing account at a bank or savings and loan association doing business in Illinois, insured to the full amount by a federal agency, and keeps complete records of the deposit.
Does the money in the court's account earn interest, and who gets it?
Yes, it earns interest, and when the court enters judgment on the disposition of the principal, it also directs how the accrued interest should be distributed among the parties as it deems appropriate.
Can a party find out how much money is in the court's account for their case?
Yes. Any party to an action with a deposit on file can request a statement from the clerk showing the condition of the deposit or the account containing it.
How does a party get money released from a court deposit account?
Only by court order, and only after a finding that the order is consistent with the account records as to the amount involved and correctly identifies the parties and the amounts each is to receive. Payment out is made solely by the clerk's check.
Can a payout order be stayed while a case is on appeal?
Yes. Section 2-1011(e) allows orders to pay out deposited funds to be stayed pending appeal upon application under Supreme Court Rule 305.
Amendment History
(Source: P.A. 86-1329.)
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 court deposit accountdepositing settlement funds with the clerk illinoisinterest bearing court account illinois