Appearance fees are common. Not every county or judge requires them, but many do. The party being sued is "the Defendant." They must pay that fee if they want a trial.  

You can argue that the appearance fee shouldn't be required. But, you're probably better off just asking to waive it. All court fees can be waived if you qualify for a low-income fee waiver. 

Appearance fees in Small Claims court vary. In Champaign County, they range from $207 to $237. In Vermilion County, they're $160 to $165. In Cook County, appearance fees start at $207. If you do not pay these fees, you risk being “defaulted” and losing the case.

Both the Plaintiff & Defendant can file for a fee waiver with the court. You automatically qualify for a waiver of court fees if:

• You get food stamps,
• You get SSI,
• You get any kind of state assistance, or
• Your "available income" is less than 125% of the Federal Poverty Guidelines. 
  • For a family of 4, the amount is currently $2,562 per month. 

You request a waiver by filling out a form. Every circuit clerk should have the standard form you can use. [Editor's note: The fee waiver form is available on our website.]  

After you complete the form, file it with the circuit clerk.  They'll have a judge review it.  

If it's approved, everything's waived. This includes:

• Appearance fees,
• Filing fees,
• Fees to serve a summons,
• Jury fees, and
• Publication fees.