Illinois Compiled Statutes 735 Civil Procedure: Article XIX - Replevin
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-101
When brought. Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-102
When not available. No action of replevin shall lie on behalf of a defendant against whom a judgment or attachment is in the process...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-103
Venue. The venue provisions applicable to other civil cases shall apply to actions of replevin; and in addition an action of replevin may be...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-104
Complaint. An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-105
Notice. The defendant shall be given 5 days written notice in the manner required by rule of the Supreme Court, of a hearing before...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-106
Exception to requirement of notice. Notice to the defendant is not required if the plaintiff establishes and the court finds as a matter of...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-107
Hearing for entry of order. At the hearing on the entry of an order for replevin, which may be a hearing to contest pursuant...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-108
Direction of order. The order shall be directed to the sheriff or other proper officer of the proper county, to serve; and for the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-109
Order. The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-110
Several counties involved. Additional certified copies of the order for replevin may be issued by the clerk of court, upon the request of the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-111
Additional copies of order. When it appears by the return of the officer that any defendant or the property described in the order or...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-112
Replevin bond. Before the service of the order for replevin the plaintiff or some one else on his or her behalf shall give to...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-113
Return. Such officer shall return the bond so taken by the officer, together with the certified copy of the order to the clerk of...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-114
Failure to take and return bond. If the sheriff or other officer fails to take and return the bond, as required by Article XIX...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-115
Limitation. No sheriff or other officer shall be liable, under the preceding section, unless the bond was insufficient when taken, nor unless action is...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-116
Service of order. Upon the bond being given the sheriff or other proper officer shall forthwith serve the certified copy of the order by...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-117
Service upon defendant. It shall be the duty of the officer having an order for replevin, to serve the same upon the defendant, whether the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-118
Notice by publication. If it appears by affidavit of the plaintiff, his or her attorney or agent, or by the return of the officer,...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-119
Answer or otherwise appear. The defendant shall answer or otherwise appear as in other civil cases. (Source: P.A. 82-280.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-120
When property not found. When the property or any part thereof is not found or delivered as above stated, and the defendant is summoned...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-121
Distress for rent. It shall be sufficient for the defendant, in all cases of replevin for distress taken for rent, to allege generally without...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-122
Seeking wrong remedy not fatal. Where relief is sought under Article XIX of this Act and the court determines, on motion directed to the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-123
Judgment against plaintiff. If the plaintiff in an action of replevin obtains an order for replevin and the right of property is adjudged against the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-124
Intervention. In replevin cases pending in circuit courts, any person other than the defendant claiming the property replevied may intervene, verifying the petition by...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-125
Judgment for plaintiff. If judgment is entered in favor of the plaintiff in replevin, the plaintiff shall recover damages for the detention of the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-126
Damages. In either case provided for in Sections 19-124 and 19-125 of this Act, if the case is tried by a jury, the damages...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-127
Action on bond. If at any time the conditions of the bond required by Section 19-112 of this Act, or of the bond provided...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-128
Defense to action on bond. If the merits of the case have not been determined in the trial of the action in which the...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 19-129
Mobile homes. If the chattel which is the subject of the replevin action is a mobile home and is occupied by the defendant or other...
Last modified: February 18, 2015