In all cases where either party is adjudged to pay costs before final judgment, by reason of setting aside a voluntary dismissal, a dismissal for want of prosecution or a default, or the granting of a continuance or new trial, or otherwise, and in all cases where there is security for costs, or attorney liable for costs, or an action brought to the use of another, and the plaintiff is adjudged to pay the costs, either before or upon final judgment, it shall be lawful for the clerk to prepare and tax a bill of costs so adjudged to be paid, against the party adjudged to pay the same, and against his or her security for costs, or other person liable for the payment thereof, or either of them, and certify the same under the seal of the court, which being delivered to the sheriff of the proper county, the sheriff shall demand payment from the person therein charged; if payment is not made accordingly, within 30 days after such demand, the sheriff shall levy the same on the goods and chattels, lands and tenements of the person so chargeable, and proceed therein in the same manner as judgments for the payment of money are enforced.
5-125.Enforcement of fee bill.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSpells out how the clerk and sheriff enforce a bill of costs against a party ordered to pay costs before final judgment, or a security-for-costs surety, liable attorney, or use-plaintiff, by certifying the bill, demanding payment, and levying on the debtor's property if unpaid after 30 days.
Full Text of 735 ILCS 5/5-125
Plain-English Summary
This section gathers several situations where costs are owed and sets a single enforcement procedure for them. It covers costs adjudged to be paid before final judgment, such as from setting aside a voluntary dismissal, a dismissal for want of prosecution, or a default, or from a continuance or a new trial, and it also covers cases involving security for costs, an attorney liable for costs, or an action brought for the use of another where the plaintiff is adjudged to pay costs, either before or at final judgment.
In any of those situations, the clerk prepares and taxes a bill of costs against the party adjudged to pay, and against that party's security for costs or other person liable for payment, and certifies the bill under the seal of the court.
The certified bill goes to the sheriff, who demands payment from the person charged. If payment isn't made within 30 days after that demand, the sheriff levies on the person's goods, chattels, lands, and tenements, proceeding in the same manner as judgments for the payment of money are enforced.
Frequently Asked Questions
What situations trigger this fee-bill enforcement mechanism?
Costs adjudged to be paid before final judgment, such as from setting aside a voluntary dismissal, a want-of-prosecution dismissal, or a default, or from a continuance or new trial, plus cases involving security for costs, an attorney liable for costs, or an action for the use of another where the plaintiff is adjudged to pay costs.
Who can be charged on the certified bill of costs?
The party adjudged to pay, and that party's security for costs or other person liable for payment.
What does the clerk do once costs are adjudged?
Prepare and tax a bill of costs, then certify it under the seal of the court.
What happens after the sheriff receives the certified bill?
The sheriff demands payment from the person charged.
What if payment isn't made after the sheriff's demand?
If not paid within 30 days after the demand, the sheriff levies on the person's goods, chattels, lands, and tenements, proceeding as with enforcement of money judgments.
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: enforcing fee bill illinoissheriff levy for court costs illinoissecurity for costs liability illinois