Every fee read off the clerk's own schedule and dated Updated July 2026

Cumberland County Court Filing Fees

What the Cumberland County Circuit Clerk charges to file an eviction or a small claims case, what the sheriff charges to serve it, and how to ask the court to waive the fees. Cases are heard in the Cumberland County Circuit Court.

Verified against the clerk's fee schedule Checked July 30, 2026 Sources checked monthly

The numbers you came for

Checked July 30, 2026 against the Cumberland County Circuit Clerk fee schedule (Source dated July 1, 2019)
Eviction — possession + rent
$256
Filing fee at the clerk
Eviction — possession only
$89
No money judgment sought
Small claims — up to $2,500
$89
Filing fee at the clerk
Sheriff service, per defendant
Not published — call the sheriff
Realistic cost to start an eviction here At least $256

This is a floor, not a total. It adds up only the components this county actually publishes — the missing pieces below will push it higher. Attorney fees, if you use one, are on top of this and are not included.

Full fee breakdown

Everything the clerk charges on an eviction or small claims case in Cumberland County. A dash means the county does not publish that figure — we would rather show you a gap than a guess.

FeeAmountNotes
Eviction filing — possession + rent claim $256 The Law Magistrate rate where $15,000 or less is claimed. The schedule's eviction carve-out applies only to possession-only cases, so an eviction that also asks for back rent is filed at this rate. Above $15,000 it is $306.00.
Eviction filing — possession only $89 For eviction cases under Article IX of the Code of Civil Procedure seeking possession only.
Appearance fee — eviction defendant $109 For an eviction seeking possession only. If the eviction also seeks back rent the appearance falls in the higher group at $181.00.
Appearance fee — small claims defendant No fee No fee may be charged for the filing of an appearance by any defendant in a small claim proceeding (705 ILCS 105/27.1b(z)(4)). This is statewide and does not vary by county.
Jury demand — 12 jurors $212.50 Capped statewide at $212.50 by 705 ILCS 105/27.1b. Does not vary by county.
Jury demand — 6 jurors $106.25 Half the 12-person fee. Uniform statewide.
Jury demand — small claims $25 $25 for twelve jurors, $12.50 for six, in small claims.
Mediation fee Not on the schedule.
E-filing surcharge Not on the schedule.

Small claims filing fee by claim size

If your claim isYou payNotes
$0 – $2,500 $89
$2,500 – $10,000 $256

Claims above $10,000 are not small claims in Illinois — they are filed as Law cases and cost more.

What service actually costs

The filing fee is not the whole bill. Somebody has to serve the defendant, and in Illinois the sheriff sets that price county by county — it is the most variable number on this page. Across the counties we have checked, basic service runs from $35 to $109 per defendant.

Not published. The Cumberland County Sheriff does not publish a civil process fee schedule we could retrieve, so we are not putting a number here. Call the Sheriff's civil process division and ask for two figures: the cost to serve one defendant, and the cost to execute an eviction order. Budget somewhere between $35 and $109 for service until you have the real number.

If you cannot afford the filing fee

Illinois courts will waive court fees, costs, and charges for people below certain income levels, under 735 ILCS 5/5-105 and Illinois Supreme Court Rule 298. There is one statewide form — you do not need a Cumberland County version of it.

The court waivesIf your available income is
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.

Fee waiver information verified July 30, 2026 against the Illinois General Assembly statute text and the Illinois Courts approved-forms library. We report what the statute and the form say. We cannot tell you whether you qualify — that is the court's decision.

Where and how to file in Cumberland County

The court

Cumberland County Circuit Court

5th Judicial Circuit

The clerk

Cumberland County Circuit Clerk

Clerk's website →

E-filing

Odyssey eFileIL

E-filing is required for civil cases in Illinois, with limited exemptions for self-represented filers. The e-filing service providers charge their own convenience fee on top of the court's filing fee; that provider fee is set by the vendor, not the county, and is not published in county fee schedules. eFileIL →

We publish the court's and clerk's own contact information and link to their pages. We do not take your information, route you to anyone, or file anything on your behalf. For questions about court procedure — as opposed to what it costs — use the Illinois Courts self-help center.

Why Cumberland County charges what it charges

Illinois does not have one statewide filing fee. 705 ILCS 105/27.1b sets four fee schedules with maximum amounts, the Illinois Supreme Court assigns each case category to one of those schedules, and each county board then sets the actual dollar amount by ordinance or resolution — up to the statutory cap. That is why the fee for the same case type differs from county to county.

"Cook" is the statute's language for a county with a population of 3,000,000 or more; "other" is every other Illinois county. These are ceilings on the portion of the fee set under 27.1b — several counties charge more than the cap in total because county-authorized add-ons (automation, document storage, law library, court security) are layered on top. The gap between the statutory cap and what a filer actually pays at the window is where most of the county-to-county variation lives.

Statutory backbone: 705 ILCS 105/27.1b — Clerks of Courts Act, Sec. 27.1b — Circuit court clerk fees. P.A. 100-987, effective July 1, 2019. Most recently amended by P.A. 104-120 (eff. 1-1-26) and P.A. 104-468 (eff. 7-1-26). Sections 27.2 and 27.2a, which older sources cite for civil fees, were repealed effective July 1, 2019. Statute text checked July 30, 2026.

Notes on this county

Common questions

How much does it cost to file an eviction in Cumberland County, Illinois?
Filing an eviction with a rent claim in Cumberland County costs $256 at the Circuit Clerk's window, or $89 if you are asking only for possession and not for unpaid rent. That is the filing fee alone — sheriff service and, later, enforcing the eviction order are billed separately. Verified July 30, 2026.
What is the small claims filing fee in Cumberland County?
In Cumberland County, claims up to $2,500 cost $89; claims up to $10,000 cost $256. Illinois small claims covers money claims up to $10,000.
Does the defendant have to pay a fee to respond to a small claims case in Illinois?
No. 705 ILCS 105/27.1b(z)(4) says no fee may be charged for a defendant's appearance in a small claims proceeding. This is statewide and does not vary by county. Appearance fees in eviction and Law cases are a different thing and are real.
What does the sheriff charge to serve papers in Cumberland County?
The Cumberland County Sheriff does not publish a civil process fee schedule we could retrieve. Call the Sheriff's civil process division. Elsewhere in Illinois basic service runs roughly $35 to $109 per defendant, so budget in that range until you can confirm.
Can I get the filing fee waived in Cumberland County?
Yes. Illinois uses one statewide application — form ATJ 601.9, "Application for Waiver of Court Fees (Civil)" — under 735 ILCS 5/5-105. You do not need a county-specific form. Depending on your income relative to the federal poverty level the court waives 100%, 75%, 50%, or 25% of the fees.
Why do court filing fees differ between Illinois counties?
Illinois does not have one statewide filing fee. 705 ILCS 105/27.1b sets four fee schedules with maximum amounts, the Illinois Supreme Court assigns each case category to one of those schedules, and each county board then sets the actual dollar amount by ordinance or resolution — up to the statutory cap. That is why the fee for the same case type differs from county to county.

Sources for this page

Compiled and verified by David Scott. We re-check every source document monthly and re-read any county whose schedule has changed. If the clerk quotes you something different from what is on this page, tell us and we will fix it. Read the full methodology.

Nearby counties

Founder & Editor, County Court Fees

David Scott compiles court filing fees directly from Circuit Clerk and Sheriff fee schedules, records the source document and the date each figure was checked, and re-verifies every county on a fixed schedule. See how the data is sourced, or read the editorial policy.

Not legal advice. This page reports published fee amounts. It cannot tell you whether to file or what to do in your situation — for that, talk to a lawyer or your local legal aid office.