If at any time after the commencement of any action by a resident of this state, he or she becomes non-resident; or if in any case the court is satisfied that any plaintiff is unable to pay the costs of the action, or that he or she is so unsettled as to endanger the officers of the court with respect to their legal claims, it shall be the duty of the court, on motion of the defendant or any officer of the court, to order the plaintiff, on or before a day in such order stated, to give security for the payment of costs in such action. If such plaintiff neglects or refuses, on or before the day in such order stated, to file a written instrument of some responsible person, being a resident of this state, whereby he or she shall bind himself or herself to pay all costs which have accrued, or may accrue in such action, the court shall, on motion, dismiss the action. The defendant or officer making such motion shall file therewith his or her affidavit, or the affidavit of some credible person, stating that he or she has reason to believe, and does believe, that in case such action is prosecuted to a conclusion, a judgment will be entered against such plaintiff for such costs.
5-104.Events after filing action.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court order a plaintiff to post security for costs mid-case, because the plaintiff became a nonresident, cannot pay costs, or is financially unsettled, and requires dismissal if the plaintiff ignores that order, provided the party requesting it first files a supporting affidavit.
Full Text of 735 ILCS 5/5-104
Plain-English Summary
Section 5-101 addresses security for costs required before a case starts; this section covers security for costs ordered after the case is already underway. If a resident plaintiff later becomes a nonresident, or the court is satisfied the plaintiff is unable to pay the costs of the action or is so unsettled as to endanger the court officers with respect to their legal claims for costs, the court must, on motion of the defendant or any officer of the court, order the plaintiff to give security by a stated date.
That security takes the same basic form as security filed at the outset: a written instrument from a responsible Illinois resident binding that person to pay all costs that have accrued or may accrue in the action. If the plaintiff neglects or refuses to file it by the date the order sets, the court, on motion, dismisses the action.
Before the court can enter that order, the moving defendant or officer has to file an affidavit, either their own or that of a credible person, stating a belief that a judgment for costs will be entered against the plaintiff if the action is prosecuted to a conclusion.
Frequently Asked Questions
What can trigger a court order requiring security for costs after a case has already been filed?
A plaintiff who was a resident becoming a nonresident, or the court becoming satisfied the plaintiff is unable to pay the costs of the action, or is so unsettled as to endanger the court officers with respect to their legal claims.
Who can ask the court to enter this kind of order?
The defendant or any officer of the court, by motion.
What has to accompany that motion?
An affidavit, by the mover or a credible person, stating a belief that a judgment for costs will be entered against the plaintiff if the action is prosecuted to a conclusion.
What happens if the plaintiff ignores the court's order to post security?
The court, on motion, dismisses the action.
Is the security ordered under this section different in kind from the security described in Section 5-101?
No. Both call for a written instrument from a responsible Illinois resident binding that person to pay costs; this section just allows the order mid-case rather than only before filing.
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: mid case security for costs illinoisplaintiff becomes nonresident during lawsuit illinoismotion to require security for costs illinoisaffidavit for security for costs illinois