The costs attending a transfer shall be taxed by the clerk of the court from which the transfer is granted, and, together with the filing fee in the transferee court, shall be paid by plaintiff. If the court granting the transfer finds that venue was fixed by plaintiff in bad faith and without probable cause, then it may order the reasonable expenses of defendant in attending and obtaining a transfer to a proper venue, including a reasonable attorney's fee, to be paid by plaintiff. If the costs and expenses are not paid within a reasonable time, the transferring court shall on motion dismiss the action.
2-107.Costs and expenses of transfer.
Article II. Civil Practice · Part 1. Venue · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAssigns transfer costs and the transferee court's filing fee to the plaintiff, lets the court also make the plaintiff pay the defendant's reasonable expenses, including attorney's fees, if venue was fixed in bad faith without probable cause, and allows dismissal if those costs go unpaid.
Full Text of 735 ILCS 5/2-107
Plain-English Summary
This section allocates the cost of a venue transfer. The costs attending a transfer are taxed by the clerk of the transferring court, and those costs, together with the filing fee in the transferee court, must be paid by the plaintiff.
The section adds a further consequence when venue was abused. If the court granting the transfer finds that the plaintiff fixed venue in bad faith and without probable cause, it may order the plaintiff to pay the defendant's reasonable expenses in attending and obtaining the transfer, including a reasonable attorney's fee.
Finally, the section gives the transferring court a way to enforce payment: if the costs and expenses are not paid within a reasonable time, that court may, on motion, dismiss the action.
Frequently Asked Questions
Who normally pays the costs of a venue transfer?
The plaintiff, both the transfer costs taxed by the transferring clerk and the filing fee in the transferee court.
When can a defendant recover attorney's fees connected to a venue transfer?
If the court granting the transfer finds the plaintiff fixed venue in bad faith and without probable cause, it may order the plaintiff to pay the defendant's reasonable expenses of obtaining the transfer, including attorney's fees.
What happens if the plaintiff does not pay the transfer costs?
The transferring court may, on motion, dismiss the action if the costs and expenses are not paid within a reasonable time.
Does a bad-faith finding have to happen before any costs shift to the plaintiff?
No. Ordinary transfer costs and the filing fee shift to the plaintiff regardless; only the additional attorney's-fee-type expenses require a bad-faith, no-probable-cause finding.
Which court decides whether to dismiss for unpaid costs?
The transferring court, on motion.
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: cost of venue transfer Illinoisattorney's fees for bad faith venuedismissal for unpaid transfer costswho pays for changing venue Illinois