Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-158 authorizes levy and sale of real and personal property to satisfy a judgment, requires the officer to care for livestock and property held pending replevy or sale at the creditor's advanced expense, and lets perishable goods be sold within 24 hours by court order to prevent waste.
Full Text of 735 ILCS 5/12-158
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All goods and chattels, real and personal, may be taken and sold to satisfy a judgment, except as otherwise provided by law.
When any officer levies a judgment on livestock, or other personal property, which is not immediately replevied or restored to the debtor, such officer shall provide sufficient sustenance for the support of such livestock and shall provide for the proper care and storage of such personal property until it is replevied, sold or discharged from such judgment. The officer shall receive a reasonable compensation therefor, to be determined by the court which entered the judgment, to be advanced to him or her, from time to time, by the judgment creditor, and the amount of such compensation shall be collected as a part of the costs in the case.
If any goods or chattels levied upon are, in the opinion of the officer making the levy, of a perishable nature and in danger of immediate waste or decay, the officer shall request the judgment creditor to obtain from the court which entered the judgment an order permitting that property to be sold not later than 24 hours after the levy was made, upon due notice of sale to the judgment debtor and to the public, as the court in its order may require. The money from such a sale shall be retained by the sheriff or other officer until the balance of the property levied upon is sold, at which time it shall be paid to the judgment creditor with the proceeds of the sale of the balance of the property. If the judgment creditor fails or refuses to obtain such an order for sale of perishable property, the sheriff or other officer making the levy shall be absolved of all responsibility to any person for loss occasioned by the failure to sell or care for such perishable property. The request of the sheriff or other officer shall be in writing and shall be delivered to the judgment creditor or his or her attorney or agent and to the judgment debtor if found. If the judgment debtor is not found a copy of the request shall be posted on the premises where the perishable items are located. The judgment creditor's motion for an order of sale of perishable property shall be treated as an emergency motion.
Plain-English Summary
This section opens with a broad grant of enforcement authority: all goods and chattels, real and personal, may be taken and sold to satisfy a judgment, except as otherwise provided by law elsewhere in the statute.
Levying on livestock or other personal property creates a practical problem when the property isn't immediately replevied or returned to the debtor: someone has to feed and care for it. The officer must provide sufficient sustenance for livestock and proper care and storage for other property until it's replevied, sold, or discharged from the judgment. The officer receives reasonable compensation for that, set by the court that entered the judgment, advanced from time to time by the judgment creditor and later collected as part of the case costs.
Perishable goods raise a separate, faster problem. If the levying officer believes goods are perishable and in danger of immediate waste, the officer requests the judgment creditor to obtain a court order permitting a sale within 24 hours of the levy, on notice to the debtor and the public as the court requires. Proceeds are held by the officer until the rest of the property sells, then paid over with the balance. The request must be in writing, delivered to the creditor or the creditor's attorney or agent and to the debtor if found, or posted on the premises if the debtor can't be found; the creditor's motion is treated as an emergency motion. If the creditor doesn't seek that order, the officer is absolved of responsibility for loss from failing to sell or care for the perishable property.
Frequently Asked Questions
What property can be levied and sold to satisfy a judgment?
All goods and chattels, real and personal, except as otherwise provided by law.
Who pays for caring for livestock or property the officer holds after levy?
The judgment creditor advances reasonable compensation, later collected as part of the costs in the case.
What can the officer do about perishable goods in danger of waste?
Ask the judgment creditor to obtain a court order allowing sale within 24 hours of the levy, on notice to the debtor and the public.
What happens to money from a perishable-goods sale?
The officer holds it until the balance of the levied property is sold, then pays it to the judgment creditor along with those proceeds.
What if the judgment creditor won't seek the emergency sale order?
The officer is absolved of all responsibility for loss caused by failing to sell or care for the perishable property.
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:levy on perishable goods illinoissheriff care of livestock levy illinoisemergency sale perishable property illinois