If any officer by virtue of any judgment or process, or any other person by any right of distress takes or seizes any of the articles of property exempted from levy and sale, as provided in Part 10 of Article XII of this Act, such officer or person shall be liable in a civil action to the party damaged for double the value of the property so illegally taken or seized and costs of the action.
12-1005.Liability for seizing exempt property.
Article XII. Judgments - Enforcement · Part 10. Exemption of Personal Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMakes an officer or anyone who wrongly seizes exempt personal property liable in a civil suit for double the property's value plus costs.
Full Text of 735 ILCS 5/12-1005
Plain-English Summary
Exemptions need teeth, and this section supplies them. If an officer, acting under a judgment or process, or any other person, acting under a right of distress, takes or seizes property exempted under this Part, that officer or person is liable in a civil action to the party damaged.
The remedy is double the value of the property illegally taken or seized, plus the costs of the action, giving a wrongly seized debtor a real financial recovery rather than just the return of the property.
Frequently Asked Questions
What happens if an officer wrongly seizes exempt property?
The officer is liable in a civil action for double the value of the property, plus costs.
Does this liability apply only to officers acting under a judgment?
No. It also applies to any person who seizes exempt property by right of distress.
How much can the damaged party recover?
Double the value of the property illegally taken or seized, plus the costs of the action.
What kind of proceeding enforces this liability?
A civil action brought by the party damaged by the seizure.
Which exemptions does this section protect?
The personal-property exemptions set out in this Part.
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: illinois penalty for seizing exempt propertydouble damages for wrongful levy illinoisliability for taking exempt property illinoisofficer liability for wrongful seizure illinois