5-124.Stay of enforcement of fee bill.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/5-124
Plain-English Summary
Where Section 5-123 lets a dissatisfied party ask the court to retax a bill of costs directly, this section addresses what happens when collection of a fee bill is already underway. The dissatisfied party can stay enforcement by giving the officer attempting collection a bond, with sufficient sureties approved by that officer, in the amount of the fee bill, conditioned on paying the bill if it isn't quashed.
Once that bond is given, the officer forthwith returns the fee bill and bond to the court. The dispute then moves from collection into the court for review.
If the court finds an item or charge in the fee bill isn't authorized by law, is for services never rendered, or is charged at a higher amount than the law allows, the court quashes the fee bill and bond and corrects the taxation of the underlying costs. Once corrected, those costs may be collected the same way as judgments for the payment of money are enforced.
Frequently Asked Questions
How can a party stop collection of a fee bill while disputing it?
By giving the officer attempting collection a bond, with sufficient sureties approved by that officer, in the amount of the fee bill, conditioned on paying the bill if it isn't quashed.
What happens once the bond is given?
The officer must forthwith return the fee bill and bond to the court.
What can cause the court to quash the fee bill and bond?
Finding that an item or charge in the fee bill isn't authorized by law, is for services never rendered, or is charged at a higher amount than the law allows.
What happens once the court corrects the taxation?
The corrected costs may be collected in the same manner as judgments for the payment of money are enforced.
Who approves the sureties on the bond?
The officer attempting collection of the fee bill.
Amendment History
(Source: P.A. 84-553.)