Ill. Admin. Code tit. 74 § 790.270

Current through Register Vol. 48, No. 45, November 8, 2024

Section 790.270 - Fees and Costs

a) In claims based upon lapsed appropriations or lost warrant no filing fee shall be required. In all other claims the following fees shall apply:

Filing of complaint in which amount of claim is less than $1,000................................................................................	$15
Filing of complaint in which amount of claim is $1,000 or more..............................................................................	$35

b) Filing fees may be waived for an indigent person upon application provided and approved by the Court of Claims.

1) All applications shall be notarized and include: the name and address of the applicant; applicant's occupation and employer; income from the previous year; sources and amount of income expected in the future; persons dependent on the applicant for support; a brief statement of any real estate or personal property (including any motor vehicles) and the value of the real estate, personal property and motor vehicle held by the applicant; a statement (and any government issued documentation) of receiving assistance under one or more of the following public benefits programs (Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), etc.), or documentation of receiving unemployment insurance benefits; a statement of any applications filed on behalf of the applicant for leave to sue or defend as an indigent person during the previous year; and a statement that the applicant is unable to pay the cost of the case and has a meritorious claim or defense.

2) The Court, considering the information of the application as a whole, shall determine whether the information contained in the application demonstrates to the Court that an inability to pay exists, and if so, will waive the fees. Receipt of public benefit program assistance or unemployment insurance benefits stated in subsection (b)(1) shall result in waiver of fees, irrespective of other information provided.

c) Certified copies of documents filed in the Court of Claims may be obtained upon application to the Secretary of State and payment of the prescribed costs.

Ill. Admin. Code tit. 74, § 790.270

Amended at 32 Ill. Reg. 12315, effective July 18, 2008

Amended at 40 Ill. Reg. 7314, effective 4/29/2016