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5-124.Stay of enforcement of fee bill.

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

In one sentenceLets a party facing collection of a fee bill stay that collection by posting a bond for the bill's amount, sending the matter to the court, which quashes the bill and corrects the taxation if it finds unauthorized charges, charges for services not rendered, or overcharges.

Full Text of 735 ILCS 5/5-124

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When collection of any fee bill is attempted, the dissatisfied party may stay the enforcement of the fee bill by giving to the officer attempting collection, bond with sufficient sureties, to be approved by such officer, in the amount of such fee bill, conditioned for the payment of such fee bill if the same is not quashed; and upon receiving such bond, such officer shall forthwith return the fee bill and bond to the court. If it appears to the court that any item or charge contained in such fee bill is not authorized by law, or is for services not actually rendered, or any item is charged in an amount which is higher than is allowed by law, the court shall quash such fee bill and bond, and correct the taxation of the costs for which such fee bill was issued, and upon such correction being made, such costs may be collected in the same manner as judgments for the payment of money are enforced.

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.)

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: stay fee bill collection illinoisbond to dispute court costs illinoisquash fee bill illinois