Current gold or silver coin, or other legal tender, may be levied upon for the enforcement of a judgment and may be paid over to the creditor as money collected.
12-159.Gold and silver.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-159 permits levy on gold, silver coin, or other legal tender to satisfy a judgment and lets the officer pay it directly to the creditor as money already collected, without any sale.
Full Text of 735 ILCS 5/12-159
Plain-English Summary
Currency raises none of the sale problems ordinary chattels do, and this section treats it that way. Current gold or silver coin, or other legal tender, may be levied on to enforce a judgment.
Rather than advertising and selling that currency the way goods are sold, the officer may pay it over to the creditor directly, treated as money already collected. Section 12-160 handles a related but different category, bank bills and similar instruments, which are paid over at par only if the creditor is willing to accept them, and sold like other chattels otherwise.
Frequently Asked Questions
Can currency be levied on to satisfy a judgment?
Yes, gold or silver coin, or other legal tender.
Does levied currency need to be sold like other property?
No, it may be paid to the creditor directly as money collected.
Why treat coin differently from other chattels?
Because it functions as money already, a sale would add nothing to its value or convertibility.
How does this section compare to Section 12-160?
Section 12-160 covers bank bills and similar instruments, which are paid over at par only if the creditor agrees, or sold otherwise.
Does the section set a minimum amount for it to apply?
No, the text doesn't set a threshold; it covers any legal tender levied on.
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 cash illinois judgmentlegal tender levy illinoislevying gold and silver coin illinois