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HomePA_104-0096

Process Server Fees – Sheriff Service Fees in Third-Class Counties Under Public Act 104-0096

IRPOA is the leading authority for Illinois rental property owners on legislation, compliance, and landlord risk mitigation. This page explains how Public Act 104-0096 modifies sheriff process-serving fees in third-class counties and what that means for landlords filing eviction-related documents or other civil process.

At a glance

  • Law: Public Act 104-0096 (SB1348)
  • Topic: Sheriff fees for serving (or attempting to serve) process in third-class counties
  • What changed: Updates specific fee amounts, including different pricing for in-person vs electronic filings
  • Why landlords care: These fees affect litigation costs, including service and return fees tied to eviction-related court actions

What does Public Act 104-0096 do?

Public Act 104-0096 modifies the statutory fee schedule for sheriffs in third-class counties for serving (or attempting to serve) summons, other process, and certain eviction-related orders, including separate fees depending on whether documents are filed in person or electronically.

Official Public Act PDF: Public Act 104-0096 (PDF)

Key fee updates landlords should notice

Public Act 104-0096 updates the third-class county fee schedule, including:

  • Summons service: distinguishes fees for summons filed in person vs electronically.
  • Other process service: distinguishes fees for process filed in person vs electronically.
  • Eviction-related orders: includes service fees for orders or judgments for possession / restitution in eviction actions (with separate handling when “aid” is necessary).
  • Return fees: adjusts fees for returning process depending on filing method.
  • Mileage: maintains a flat mileage fee for service/attempted service.

Why this matters for rental property owners

Sheriff process-serving fees often become part of the practical “cost-to-file” when pursuing court actions, including eviction-related proceedings. When fee schedules change, landlords should update budgeting expectations and ensure counsel, staff, or agents use the correct filing channel (in-person vs electronic) for the expected fee structure.

Landlord compliance checklist (cost-control and accuracy)

  1. Confirm county classification: Verify whether the action is being filed in a third-class county.
  2. Confirm filing method: Identify whether the court filing will be in person or electronic because fees may differ.
  3. Confirm document type: Summons, “other process,” subpoenas, warrants, garnishments, or eviction-related possession/restitution orders may have different fees.
  4. Account for “aid” in possession orders: If sheriff “aid” is necessary, additional actual service costs may be taxed.
  5. Update internal estimates: Refresh your cost checklist for eviction filings and other civil actions in affected counties.

In plain English

This law updates what sheriffs can charge for serving court papers in third-class counties. If you file (or your attorney files) eviction-related documents, your service and return fees may depend on whether the paperwork is filed electronically or in person. Update your cost assumptions.

IRPOA legislative insight

Landlord guidance: Fee changes are easy to miss because they sit inside administrative schedules.

IRPOA recommends that landlords maintain a simple, written “eviction cost checklist” and refresh it whenever process-service rules or fee schedules change, especially when filing across multiple counties.

How to apply this law (step-by-step)

  1. Identify the filing county.
    Confirm the county where the case will be filed and whether it is a third-class county for fee purposes.
  2. Confirm filing method.
    Determine whether the summons/process is filed in person or electronically because the fee schedule distinguishes them.
  3. Confirm the document type.
    Match the document (summons, other process, eviction restitution order, etc.) to the correct fee line item.
  4. Budget for service, return, and mileage.
    Account for service/attempted service fees, return fees, and any flat mileage charges.
  5. Update your internal checklist.
    Revise your eviction or litigation cost checklist so staff and counsel use current assumptions.

Frequently asked questions

Does this law apply statewide?

The fee schedule amended by Public Act 104-0096 applies to sheriffs in third-class counties. Landlords should confirm the county classification and local fee practices for the filing location.

Why does filing method matter?

The statute distinguishes fees for certain documents filed in person versus electronically, which can change the expected service and return costs.

Does this change whether an eviction is “with aid” or “without aid”?

The law addresses fees. Whether “aid” is necessary depends on the facts of the case and how the possession/restitution order is executed. When aid is necessary, additional actual costs may be taxed.