When personal property is levied upon, or about to be levied upon, if the judgment debtor gives bond with sufficient security, to be approved by the officer, payable to the creditor, in double the amount of the judgment, conditioned to deliver the property levied upon undamaged at the time and place where the same is to be sold, which shall be named in the condition, the sheriff may allow the property to remain with the judgment debtor.
12-162.Delivery bond.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-162 lets a judgment debtor keep levied personal property in the debtor's own possession until the sale by posting a bond, with security approved by the officer, for double the judgment amount, promising to deliver the property undamaged at the named time and place of sale.
Full Text of 735 ILCS 5/12-162
Plain-English Summary
Levying on personal property doesn't necessarily mean the officer takes physical custody of it right away. This section lets the debtor keep possession of property that's been levied on, or is about to be, by posting a delivery bond.
That bond must have security the officer approves, must be payable to the creditor, and must be for double the amount of the judgment. Its condition is to deliver the levied property, undamaged, at the time and place named for the sale. Once that bond is in place, the sheriff may let the property stay with the debtor rather than take it into custody.
Frequently Asked Questions
What lets a debtor keep possession of levied personal property before the sale?
Posting a delivery bond with sufficient security approved by the officer.
How large must the delivery bond be?
Double the amount of the judgment.
What does the bond promise?
That the debtor will deliver the levied property, undamaged, at the time and place named for the sale.
Who approves the bond's security?
The officer.
What happens if the property isn't delivered as promised?
Section 12-163 lets the officer enforce the judgment as if no levy had been made.
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: delivery bond illinois levykeeping possession of levied property illinoisdouble judgment amount bond illinois