If there is reasonable doubt as to the ownership of the goods, or as to their liability to be levied upon to satisfy the judgment, the officer may require sufficient security to indemnify him or her for levying upon them.
12-161.Security.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-161 lets the levying officer demand indemnity security before levying on goods when reasonable doubt exists about who owns them or whether they may lawfully be levied on to satisfy the judgment.
Full Text of 735 ILCS 5/12-161
Plain-English Summary
An officer levying on goods faces personal exposure if the goods turn out to belong to someone else, or aren't subject to levy at all. This section gives the officer a way to guard against that exposure when doubt exists.
If there's reasonable doubt as to the ownership of the goods, or as to their liability to be levied on to satisfy the judgment, the officer may require sufficient security to indemnify the officer for going ahead with the levy anyway.
Frequently Asked Questions
When can an officer require security before levying?
When there's reasonable doubt about the goods' ownership or about their liability to levy for the judgment.
What does the security protect the officer against?
Liability for levying on property that turns out not to belong to the debtor, or not to be subject to levy.
Is the officer required to demand security in every levy?
No, only where reasonable doubt exists about ownership or leviability.
Does this section name who must provide the security?
No, it only says the officer may require sufficient security, without naming a specific party.
How does this section relate to Section 12-162's delivery bond?
Both sections use security to manage risk around levied property, but Section 12-161 protects the officer against a doubtful levy, while Section 12-162 lets the debtor keep possession of property already 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: sheriff indemnity bond levy illinoisdisputed ownership levy illinoissecurity for doubtful levy illinois