Illinois will waive court fees for people below certain income levels — and unlike most states, it does it in four bands rather than all-or-nothing. One statewide form covers every county.
From 735 ILCS 5/5-105, “Waiver of court fees, costs, and charges.” The percentages are in the statute; the court applies them.
| The court waives | If |
|---|---|
| 100% | You receive SSI, AABD, TANF, SNAP, or General Assistance; or your available personal income is 125% or less of the current poverty level; or you cannot proceed without substantial hardship. |
| 75% | Available income is more than 125% but not more than 150% of the poverty level. |
| 50% | Available income is more than 150% but not more than 175% of the poverty level. |
| 25% | Available income is more than 175% but not more than 200% of the poverty level. |
The statute sets these four bands. The application form itself does not print the percentages — the court applies them. The court may also adjust based on non-exempt assets.
ATJ 601.9 — Application for Waiver of Court Fees (Civil)
The statewide approved form. Cites 735 ILCS 5/5-105, 5-105.5, 1-109, and Supreme Court Rule 298.
ATJ 600.10 — How to Request a Fee Waiver
The companion instruction sheet, plus the order form the judge signs. All three live in the same approved-forms suite.
Governed by Illinois Supreme Court Rule 298. We link the official documents rather than restating what they say — if the court changes the form, you get the new one.
The section is titled “Waiver of court fees, costs, and charges.” Note the wording — it is broader than just the filing fee, but it is also not unlimited, and what a given court includes is that court's determination. Ask the clerk specifically about service costs, which are often billed by the sheriff rather than the court.
One term worth knowing: the statute's definition of an indigent person is someone receiving SSI, AABD, TANF, SNAP, or General Assistance; or whose available personal income is 125% or less of the current poverty level; or who cannot proceed without substantial hardship. Any of those three routes gets you to the full waiver band. The court may also adjust based on non-exempt assets.
A full waiver against the filing fees we have verified in Illinois. Sheriff service is billed separately and may or may not be covered — ask.
| County | Eviction filing | Small claims filing | Waived at 100% | Waived at 75% |
|---|---|---|---|---|
| Cook County | $368 | $287 | $368 | $276 |
| Jasper County | $321 | $104 | $321 | $240.75 |
| Kane County | $314 | $139 | $314 | $235.50 |
| Lake County | $314 | $89 | $314 | $235.50 |
| McLean County | $314 | $89 | $314 | $235.50 |
| Will County | $314 | $139 | $314 | $235.50 |
| Stephenson County | $306 | $89 | $306 | $229.50 |
| DuPage County | $300 | $125 | $300 | $225 |
| Winnebago County | $292 | $117 | $292 | $219 |
| Kendall County | $286 | $119 | $286 | $214.50 |
Eviction filing fee, possession plus rent claim. Figures from each county's own fee schedule — see the county page for the source and the date.