Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a nonresident plaintiff, and certain suits such as those on official bonds, executor or guardian bonds, qui tam actions, or a penal statute, to file a signed pledge of security for costs with the clerk before starting the action.
Full Text of 735 ILCS 5/5-101
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In all actions in any court on official bonds for the use of any person, actions on the bonds of executors, administrators or guardians, qui tam actions, actions on a penal statute, and in all civil actions, where the plaintiff, or person for whose use an action is to be commenced, is not a resident of this State, the plaintiff, or person for whose use the action is to be commenced, shall, before he or she institutes such action, file, or cause to be filed, with the clerk of the court in which the action is to be commenced, security for costs, substantially in the following form: A B v. C D - (Title of court.)
I, (E.F.) enter myself security for all costs which may accrue in the above entitled action.
Dated this .... day of ...., ..... (Signed) E.F.
Plain-English Summary
This section flags certain lawsuits where the person suing has to promise, in writing, to cover the costs of the case before the case even starts. The list covers actions on official bonds brought for someone else's use, actions on the bonds of executors, administrators, or guardians, qui tam actions, actions on a penal statute, and any civil action where the plaintiff (or the person the action is brought for) doesn't live in Illinois.
The pledge itself is short: someone signs a statement entering themselves as security for all costs that may come up in the case, and files it with the clerk of the court where the action will be commenced. The section supplies a model form for that instrument, introduced by the phrase "substantially in the following form," so the exact wording isn't locked in as long as the substance matches.
Nothing in this section says what happens if the plaintiff skips this step. That consequence, along with what happens if security still isn't filed after the case starts, is spelled out in the sections that follow.
Frequently Asked Questions
Which plaintiffs have to file security for costs before suing under this section?
Nonresidents of Illinois, plus plaintiffs suing on official bonds for another person's use, on the bonds of executors, administrators, or guardians, in qui tam actions, and in actions on a penal statute.
What does the security instrument say?
The signer enters himself or herself as security for all costs that may accrue in the named action, using the form the section sets out.
Does the filed instrument have to match the statute's form word for word?
No. The section calls for an instrument "substantially" in the form given, not an exact match.
When does this security have to be filed?
Before the plaintiff, or the person for whose use the action is brought, institutes the action.
Does this section say what happens if a nonresident plaintiff never files security?
No. This section only requires the filing; the dismissal consequence for skipping it appears in the section that follows.
Amendment History
(Source: P.A. 83-707.)
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:security for costs illinoisnonresident plaintiff cost bondqui tam security for costs illinoiscost bond before filing lawsuit illinois