Illinois Small Claims Fee Waiver: How to Apply Under Rule 298

Who Qualifies for a Fee Waiver

Illinois filing fees range from about $90 to $282 depending on county and claim size — a real barrier when the amount you are suing for is small. Under 735 ILCS 5/5-105 and Supreme Court Rule 298, you can apply to have those fees waived or reduced.

There are three qualification categories:

Category 1 — Automatic full waiver. You currently receive means-tested public assistance, including SSI, TANF, SNAP (food stamps), Aid to the Aged, Blind and Disabled, General Assistance, Transitional Assistance, or State Children and Family Assistance. If you can show proof of enrollment, the waiver is granted without further income review.

Category 2 — Income-based full waiver. Your available household income is at or below 125% of the current Federal Poverty Guidelines, and the court may consider whether your nonexempt assets allow you to pay the fees. For a single-person household in Illinois in 2026, 125% of the guideline is $19,950 per year. Family size and current HHS guidelines determine your exact cutoff.

Category 3 — Partial waiver. Your household income falls between 125% and 200% of the poverty guidelines. Depending on where you land in that range, the court may waive 75%, 50%, or 25% of your fees.

What the Waiver Covers

A granted fee waiver is not limited to the filing fee. It also covers summons issuance, sheriff or process server service fees, certified copy costs, publication charges, and court-annexed mediation fees. If your case reaches enforcement, additional post-judgment costs may also be covered.

How to Apply

Use the statewide standardized "Application for Waiver of Court Fees" form, available from the Illinois Courts Self-Help website or from the circuit clerk's office in any county. The form asks for your household size, monthly income, monthly expenses, public assistance enrollment, and nonexempt assets.

Here is the critical procedural point: when you submit the fee waiver application along with your complaint, the circuit clerk must accept and file your case immediately. They cannot refuse to file your complaint while the waiver application is pending judicial review. This is a statutory requirement, not a courtesy.

The court must decide the application as soon as reasonably possible. If the court finds missing information or a factual issue, it must notify you and give you an opportunity to amend the application and/or attend a hearing; it may not deny the application outright on that basis. If the court grants a full waiver, covered fees are waived. If it grants a partial waiver, the order sets the percentage you must pay and may allow deferred or installment payments. If the application is denied or partially granted, the order must set a date by which any required fees are due.

Cook County Specifics

Cook County's higher filing fees make the waiver especially valuable. The same statewide form and the same three qualification categories apply. File the application with your complaint at whichever Cook County courthouse serves your municipal district — Daley Center, Rolling Meadows, Markham, Bridgeview, Maywood, or Skokie.

If the court schedules a hearing, attend and submit any documents listed in the court's order. A fee-waiver hearing must be scheduled promptly and within 30 days after filing.

Filing the Application on eFileIL

If you are e-filing through eFileIL (mandatory for most filers), you attach the fee waiver application as a separate document in your filing envelope alongside the complaint and summons. Select the fee waiver payment option during checkout — the portal accepts the filing without payment while the application is under review.

If you qualify for an e-filing exemption under Supreme Court Rule 9(d), you can file paper copies in person at the circuit clerk's office. Self-represented filers claiming good cause, such as lack of computer or internet access or a language barrier, must file a Certification for Exemption from E-Filing. Exemptions for disability that prevents e-filing and for incarceration are automatic and do not require that certification.

The Illinois Small Claims Filing Guide includes a complete fee breakdown by county tier and walks you through every form in the filing packet, including the fee waiver application.

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