Any person who is dissatisfied by the taxation of any bill of costs by the clerk may apply to the court in which the action or proceeding was had to retax the same, according to law. If the court finds any charge allowed for services not performed, or for which the person charged is not liable, or any item charged higher than is allowed by law, then the court shall correct such taxation; and if the dissatisfied party has paid such unlawful charge, the clerk shall pay to the dissatisfied party, out of fees in the possession of the clerk, the amount which such party has paid by reason of the unlawful charge.
5-123.Retaxing costs.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets anyone unhappy with how the clerk taxed a bill of costs ask the court to retax it, and requires the court to correct any charge for unperformed services, charges against someone not liable, or overcharges, with the clerk refunding any unlawful charge already paid.
Full Text of 735 ILCS 5/5-123
Plain-English Summary
This section gives a check on the clerk's taxation of costs under Section 5-121. Any person dissatisfied by the clerk's taxation of a bill of costs may apply to the court in which the action or proceeding was had, to retax the bill according to law.
The court corrects the taxation if it finds any charge allowed for services not performed, any charge against a person who isn't liable for it, or any item charged at a higher rate than the law allows.
If the dissatisfied party already paid the unlawful charge, the clerk pays it back, out of fees in the clerk's possession, in the amount the party paid because of the unlawful charge.
Frequently Asked Questions
Who may ask the court to retax a bill of costs?
Any person dissatisfied by the clerk's taxation of the bill.
What kinds of errors can the court correct on retaxation?
A charge allowed for services not performed, a charge against someone not liable for it, or an item charged at a higher rate than the law allows.
What happens if the dissatisfied party already paid the unlawful charge?
The clerk must pay back the amount paid because of the unlawful charge, out of fees in the clerk's possession.
Where must the application to retax be filed?
In the court in which the action or proceeding was had.
Does this section create a new cause of action, or a way to fix an existing bill of costs?
A way to fix an existing bill of costs already taxed by the clerk, not a separate cause of action.
Amendment History
(Source: P.A. 84-552.)
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: retaxing bill of costs illinoisdispute court costs charged illinoisrefund of overcharged court costs illinois