If, prior to the commencement of an action in a court, a person desiring to commence such action in such court, files with the clerk thereof an affidavit, stating that the affiant is a poor person and unable to pay costs, and that his or her cause of action is meritorious, the clerk shall issue, and the sheriff shall serve, all necessary process without requiring costs; if judgment is entered against such plaintiff, it shall be for costs, unless the court shall otherwise order.
5-107.Affidavit.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a would-be plaintiff file an affidavit swearing poverty and a meritorious claim so the clerk and sheriff issue and serve process without upfront costs, though a judgment against that plaintiff still carries costs unless the court orders otherwise.
Full Text of 735 ILCS 5/5-107
Plain-English Summary
This section describes a specific pre-suit affidavit. Before commencing an action, a person who wants to sue can file with the clerk an affidavit stating the affiant is a poor person unable to pay costs, and that the cause of action is meritorious.
Once that affidavit is on file, the clerk issues, and the sheriff serves, all necessary process without requiring costs upfront. The plaintiff gets the case moving without having to pay the fees that would normally attach to issuing and serving process.
Filing the affidavit doesn't erase costs from the case entirely. If judgment ends up entered against that plaintiff, it's a judgment for costs, unless the court orders otherwise. This affidavit-based path is separate from the fee-waiver process in Section 5-105, and it focuses on process issuance and service rather than the broader run of fees, costs, and charges that Section 5-105 covers.
Frequently Asked Questions
What must the affidavit described in this section say?
That the affiant is a poor person unable to pay costs, and that the affiant's cause of action is meritorious.
When must this affidavit be filed?
Prior to the commencement of the action, with the clerk of the court.
What does filing this affidavit accomplish?
The clerk issues, and the sheriff serves, all necessary process without requiring costs.
If the plaintiff loses after filing this affidavit, do they still owe costs?
Yes. If judgment is entered against the plaintiff, it is for costs, unless the court orders otherwise.
Is this the same procedure as the fee waiver described in Section 5-105?
No. This section addresses a separate affidavit tied to issuing and serving process without upfront costs, not the fuller fee, cost, and charge waiver process in Section 5-105.
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: poor person affidavit illinois lawsuitsue without paying costs illinoisaffidavit of indigency service of process illinois