All Roll Calls
Yes: 192 • No: 0
IllinoisSB1738104th General Assembly (2025–2026)SenateWALLET
CIV PRO-POST-JUDGMENT RELIEF
Sponsored By: Robert F. Martwick (Democratic)
Became Law
assignmentsjudiciaryjudiciary - civil
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Bill Overview
Analyzed Economic Effects
14 provisions identified: 4 benefits, 7 costs, 3 mixed.
Lower homestead shield and tax-sale fee
Beginning January 1, 2026, the homestead exemption drops to $15,000 for one owner and $30,000 total for multiple owners. Each owner’s share cannot exceed their ownership percentage. In tax‑foreclosure sales, 10% of the sale proceeds is paid to the State’s Attorney. The clerk deducts that 10% from the sale and sends it to the county treasurer.
Automatic $1,000 protection for consumer debts
Beginning January 1, 2026, if a consumer debt judgment has been entered, you get an automatic $1,000 exemption in personal property. This applies to property held by a citation respondent or a garnishee. For judgments entered on or after January 1, 2020, $1,000 in third‑party bank accounts is protected immediately when the judgment is entered and before any court order. Liens do not attach to that $1,000 before the return date, and third parties must exclude it when withholding. The right expires on the return date, and courts may order turnover if the debtor or counsel does not appear.
Lower vehicle and tool exemptions for debtors
Beginning January 1, 2026, less of a debtor's car and work tools are protected from collection. The car equity exemption is $2,400 per vehicle, down from $3,600. The exemption for implements, professional books, or tools of the trade is $1,500, down from $2,250. These limits apply in citation notices and other post-judgment exemption rules.
New fees in debt collection cases
Beginning January 1, 2026, filing a garnishment, wage‑deduction, or citation petition has set fees based on the amount at stake. Up to $1,000: larger counties $35, others $15; $1,001–$5,000: larger $45, others $30; over $5,000: larger $65, others $50. Each judgment debtor must also pay a fee of $35, $45, or $65 based on the debt size. When the clerk collects money for someone other than the State, county, or for child support or maintenance, the clerk can keep up to 2.5% of the amount collected.
Set civil filing and jury fees
Beginning January 1, 2026, civil filing caps are set: Schedule 1 is $366 in very large counties and $316 elsewhere; Schedule 2 is $357/$266; Schedule 3 is $265/$89; Schedule 4 is $0. Appearance caps are $230/$191 (Schedule 1) and $130/$109 (Schedule 2). A jury demand costs $212.50 when filed. A counterclaim or third‑party complaint pays the same as a separate case, minus any appearance fee already paid. Venue changes can add up to $40 to prepare the record, plus the new court’s normal filing fee. Kane and Will Counties may charge up to $30 at a party’s first filing. Petitions to vacate or modify have tiered fees: within 30 days $60 in very large counties or $50 elsewhere; after 30 days $75; certain ex parte motions cost $40.
Fee waivers for listed cases and minors
Beginning January 1, 2026, the clerk does not charge these fees to certain parties or cases. Exemptions include law enforcement agencies, some municipal code actions, commitment petitions for psychotropic drugs or ECT, petitioners in orders of protection, adoption intermediaries, minors in juvenile court and their parents or guardians, and certain adoption cases. Courts may waive fees for special‑needs adoptions for good cause.
No new fees after case remand
Beginning January 1, 2026, when an appellate court sends a case back for a new trial, the clerk must reinstate it without charging a new reinstatement fee. The clerk also may not charge any new fee for a jury trial after the remand.
Big-county governments billed later, not upfront
Beginning January 1, 2026, in counties with more than 3,000,000 people, local governments and school districts do not pay clerk fees up front. The clerk sends an itemized bill within 30 days after a fee is incurred. The unit then has at least 30 days from the bill date to pay. The clerk disburses payments monthly.
Late, returned, and correction fees added
Beginning January 1, 2026, the clerk can charge up to $25 to correct a case number, case title, or attorney ID on a filed document. A $25 fee applies to any check or bank item returned for insufficient funds, a closed account, or stopped payment. Unpaid clerk fees get a delinquency charge: add 5% after 30 days, 10% after 60 days, and 15% after 90 days (unless a court sets a payment plan or waives fees). Interest earned on fees the clerk collects goes to the county general fund.
Set fees for expungement, probate, weddings
Beginning January 1, 2026, filing an expungement petition can cost up to $60, and certified copies of an expungement order up to $4 each. Probate fees are capped for several items, including $25 for non‑final accounts, up to $60 for certain filings, $137.50 for a jury demand, and $2 per page for certified copies. Filing a voluntary assignment deed can cost up to $20, and recording it up to $0.50 per 100 words. A marriage performed in court costs $10. A $5 fee applies to certain certifications sent to the Secretary of State.
Small fees for summons and mailings
Beginning January 1, 2026, an alias summons or citation can be charged up to $6 in very large counties and up to $5 elsewhere. In very large counties, local governments and school districts pay $5. When the clerk mails documents, the charge is capped at $10 plus actual postage.
Up to $36 yearly child support fee
Beginning January 1, 2026, the clerk may charge up to $36 per year to process child support or maintenance payments. The fee goes into a special fund for support record‑keeping and processing. The clerk may also recover additional collection costs.
Copy and search fees; quick lookup free
Beginning January 1, 2026, certifications cost up to $6 each. Copy charges are $2 for the first page, $0.50 for pages 2–20, then $0.25 per page. A record search can cost up to $6 per year searched. If records are on an automated system, printed copies can cost up to $10 per page in very large counties and $6 elsewhere. Each certified copy after the first can cost up to $10. Appeal record fees are tiered by pages: up to $70/$50 for 100 pages, up to $100 for 101–200, then $0.25 per page over 200. One in‑person index or case‑record inquiry is free if no printed copies are requested.
Courts can set other local fees
Beginning January 1, 2026, any fees not listed in this law are set by circuit court rule or administrative order with state approval. Clerks may offer extra services and charge for them if approved by the Chief Judge. Clerks are not required to offer extra services.
Sponsors & Cosponsors
Sponsor
Robert F. Martwick
Democratic • Senate
Cosponsors
Daniel Didech
Democratic • House
Edgar González, Jr.
Democratic • House
Jennifer Gong-Gershowitz
Democratic • House
Margaret Croke
Democratic • House
Maurice A. West, II
Democratic • House
Michael E. Hastings
Democratic • Senate
Robyn Gabel
Democratic • House
Will Guzzardi
Democratic • House
Roll Call Votes
House vote • 5/21/2025
Third Reading - Short Debate - Passed
Yes: 109 • No: 0
House vote • 4/23/2025
Do Pass / Short Debate Judiciary - Civil Committee;
Yes: 19 • No: 0
Senate vote • 4/9/2025
Third Reading - Passed;
Yes: 56 • No: 0
Senate vote • 3/6/2025
Do Pass Judiciary;
Yes: 8 • No: 0
Actions Timeline
Public Act . . . . . . . . . 104-0120
8/1/2025SenateEffective Date January 1, 2026
8/1/2025SenateGovernor Approved
8/1/2025SenateSent to the Governor
6/18/2025SenateAdded Alternate Co-Sponsor Rep. Edgar González, Jr.
5/21/2025HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
5/21/2025HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
5/21/2025HousePassed Both Houses
5/21/2025SenateThird Reading - Short Debate - Passed 109-000-000
5/21/2025HouseAdded Alternate Chief Co-Sponsor Rep. Maurice A. West, II
5/20/2025HouseAdded Alternate Chief Co-Sponsor Rep. Margaret Croke
5/20/2025HouseAdded Alternate Chief Co-Sponsor Rep. Daniel Didech
5/20/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
5/14/2025HouseSecond Reading - Short Debate
5/14/2025HousePlaced on Calendar 2nd Reading - Short Debate
4/23/2025HouseDo Pass / Short Debate Judiciary - Civil Committee; 019-000-000
4/23/2025HouseAssigned to Judiciary - Civil Committee
4/17/2025HouseReferred to Rules Committee
4/9/2025HouseFirst Reading
4/9/2025HouseChief House Sponsor Rep. Jennifer Gong-Gershowitz
4/9/2025HouseArrived in House
4/9/2025HouseThird Reading - Passed; 056-000-000
4/9/2025SenatePlaced on Calendar Order of 3rd Reading
4/9/2025SenatePlaced on Calendar Order of 3rd Reading **
4/4/2025SenatePlaced on Calendar Order of 3rd Reading March 19, 2025
3/18/2025Senate
Bill Text
Engrossed
Enrolled
Introduced