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5-119.Action for use of another.

Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceExtends a costs judgment against a plaintiff who sues "for the use of" someone else to that other person too, treating them as though they were a joint plaintiff for collection purposes.

Full Text of 735 ILCS 5/5-119

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When judgment for costs is entered against a plaintiff suing for the use of another, such judgment shall also be against the person for whose use the action is brought, in like manner as if he or she had been a joint plaintiff, and the same may be collected in the same manner as judgments for the payment of money are enforced.

Plain-English Summary

Some actions are brought by a named plaintiff for the use of another person, meaning the real party in interest isn't the one whose name appears on the case. This section addresses what happens to that other person when costs are awarded against the named plaintiff.

When judgment for costs is entered against a plaintiff suing for the use of another, that judgment is also entered against the person for whose use the action was brought, in like manner as if that person had been a joint plaintiff.

The resulting judgment is collected the same way as any other judgment for the payment of money. The section adds the person for whose use the action was brought as a target of the existing costs judgment; it doesn't replace or reduce the named plaintiff's own liability.

Frequently Asked Questions

What kind of plaintiff does this section describe?

One suing "for the use of another."

Who else becomes liable when costs are awarded against that plaintiff?

The person for whose use the action was brought.

How is that other person treated for purposes of the judgment?

"In like manner as if he or she had been a joint plaintiff."

How is the resulting costs judgment collected?

The same manner as judgments for the payment of money are enforced.

Does this section change who is liable for costs, or add another person to the existing judgment?

It adds the person for whose use the action was brought to the existing costs judgment against the named plaintiff, rather than replacing that plaintiff's liability.

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: action for the use of another costs illinoisjoint plaintiff costs judgment illinoisreal party in interest costs illinois