If any sheriff or other officer sells any real estate by virtue of any judgment, otherwise than in the manner provided by law, or without such previous notice, the officer so offending shall, for every such offense, forfeit and pay the sum of $50, to be recovered with costs of the action by the person whose property is sold. However, no such offense, nor any irregularity on the part of the sheriff, or other officer having the certified copy of the judgment for enforcement, shall affect the validity of any sale made under it, unless the purchaser had notice thereof.
12-116.Penalty for neglect of officer.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn officer who sells real estate under a judgment without following the required procedure or notice owes a $50 penalty to the property owner, though the sale itself stays valid unless the buyer knew about the defect.
Full Text of 735 ILCS 5/12-116
Plain-English Summary
If a sheriff or other officer sells real estate under a judgment other than in the manner the law requires, or without giving the required prior notice, that officer forfeits $50 for each such offense, recoverable with costs by the person whose property was sold.
The sale itself isn't automatically undone by the officer's mistake. Neither that offense nor any other irregularity by the officer affects the validity of a sale made under the judgment, unless the purchaser had notice of it.
Frequently Asked Questions
What penalty does an officer face for mishandling a judgment sale of real estate in Illinois?
$50 for each offense, recoverable with costs.
Who can recover the $50 penalty from the officer?
The person whose property was sold.
Does an officer's procedural mistake void the sale?
No, not unless the purchaser had notice of the irregularity.
What kinds of mistakes trigger this penalty?
Selling real estate other than in the manner provided by law, or without the required prior notice.
Why does the law protect purchasers who didn't know about the officer's mistake?
So that a judgment sale stays reliable for a buyer who had no notice of any irregularity in how the officer handled it.
Amendment History
(Source: P.A. 82-280.)
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: penalty for improper sheriff sale illinoisinvalid judgment sale illinoisdefective notice of sale illinois50 dollar penalty officer judgment sale illinois