5-106.Lien of officer.

Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceGives the clerk and sheriff a lien on a poor person's claim and its proceeds for unpaid fees under Section 5-105, treats the order granting poor-person status as notice to everyone with a stake in the claim, and lets officers enforce the lien by petition.

Full Text of 735 ILCS 5/5-106

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Where any person has been permitted by any court to commence and prosecute or to defend an action as a poor person without the payment of costs and expenses, the clerk of the court and the sheriff shall each have a lien upon every claim, including every claim for unliquidated damages, asserted in such action by the party who has thus been permitted to sue or defend as a poor person, and upon the proceeds thereof, for the amount of all fees and charges, becoming due such officer under the provisions of Section 5-105 of this Act, and remaining unpaid. Of the existence of such lien the order of court permitting the party to proceed as a poor person shall be sufficient notice to all other parties in the cause, as well as to any insurer or other third party in anyway liable for payment of any such claim or portion thereof, who shall have been called upon to defend against the same or otherwise notified of the commencement of such action and the assertion of such claim.

On petition filed in the court in which the action has been commenced, the court shall, on not less than 5 days' notice to all parties concerned, adjudicate the rights of the petitioning officer or officers and enforce the lien or liens by all appropriate means.

End

Plain-English Summary

When a court permits someone to sue or defend as a poor person, without paying costs and expenses, this section protects the court officers who still perform work in the case. The clerk of the court and the sheriff each get their own lien on every claim the poor person asserts, including claims for unliquidated damages, and on the proceeds of that claim, for the amount of fees and charges that became due under Section 5-105 and remain unpaid.

The court's order granting poor-person status doubles as notice of the lien. It's sufficient notice to every other party in the case, and to any insurer or other third party liable for the claim who has been called to defend against it or otherwise notified the action was brought.

To enforce the lien, the officer files a petition in the court where the action was commenced. On at least 5 days' notice to all parties concerned, the court adjudicates the rights of the petitioning officer or officers and enforces the lien by all appropriate means.

Frequently Asked Questions

Who gets a lien when a person is permitted to sue or defend as a poor person?

The clerk of the court and the sheriff, each holding a separate lien.

What does the lien attach to?

Every claim asserted by the poor person in the action, including claims for unliquidated damages, and the proceeds of that claim.

What does the lien secure?

The amount of fees and charges due the officer under Section 5-105 that remain unpaid.

Who is treated as having notice of the lien?

All other parties in the case, and any insurer or other third party liable on the claim who has been called to defend against it or otherwise notified of the action.

How does an officer enforce this lien?

By petition filed in the court where the action was commenced, with at least 5 days' notice to all parties concerned, so the court can adjudicate the officer's rights and enforce the lien.

Amendment History

(Source: P.A. 83-707.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: sheriff lien poor person lawsuit illinoisclerk lien unpaid fees illinoisin forma pauperis lien on judgment illinoisenforcing lien for court costs illinois