Whoever is guilty of a trespass or injury or whoever owes another unliquidated damages or demands arising out of a contract may at any time, before or after suit is brought, tender what he or she shall conceive sufficient amends for the injury done or to pay the unliquidated damages or demands; and if suit has been commenced, also the costs of suit up to the time of making the tender. If it appears that the sum tendered was sufficient amends for the injury done or to pay the damages, and if suit has been commenced was also sufficient to pay the costs of suit up to the time of making the tender, the plaintiff shall not be allowed to recover any costs incurred after the tender, but shall be liable to the defendant for the defendant's costs incurred after that time.
5-126.Costs after tender.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a defendant in a trespass, injury, or unliquidated-contract-damages case tender payment before or after suit is filed, and cuts off the plaintiff's right to costs incurred after that tender if the tendered amount turns out to have been enough.
Full Text of 735 ILCS 5/5-126
Plain-English Summary
This section addresses tender as a way to limit exposure to costs. Someone guilty of a trespass or injury, or who owes another unliquidated damages or demands arising out of a contract, may at any time, before or after suit is brought, tender what they consider sufficient amends for the injury or to pay the unliquidated damages or demands.
If a suit has already been commenced, the tender also has to cover the costs of the suit up to the time the tender is made. The section doesn't set a fixed procedure for deciding sufficiency; it turns on whether it appears that the sum tendered was enough.
If the tendered sum was sufficient for the injury or damages, and, where suit was already filed, also sufficient to cover costs up to that point, the plaintiff cannot recover any costs incurred after the tender. Instead, the plaintiff becomes liable to the defendant for the defendant's costs incurred after that time.
Frequently Asked Questions
What kinds of claims does this tender rule cover?
A trespass or injury, or unliquidated damages or demands arising out of a contract.
When can the tender described in this section be made?
At any time, before or after suit is brought.
What must the tender include if a suit has already been commenced?
The costs of suit up to the time of making the tender, in addition to the amends or damages.
What happens if the tendered sum turns out to have been sufficient?
The plaintiff cannot recover costs incurred after the tender, and instead becomes liable to the defendant for the defendant's costs incurred after that time.
Does the section describe a specific procedure for deciding whether the tender was sufficient?
No. It only ties the outcome to whether "it appears that the sum tendered was sufficient."
Amendment History
(Source: P.A. 87-409.)
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: tender of payment costs illinoispretrial tender to avoid costs illinoissufficient tender damages illinois