If the property is not delivered according to the condition of the bond, the officer having the certified copy of the judgment may proceed to enforce the same in the same manner as if no levy had been made.
12-163.When property not delivered.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-163 lets the officer holding the certified judgment copy enforce it exactly as if the property had never been levied on, once the debtor breaks the delivery bond's promise to deliver the property as agreed.
Full Text of 735 ILCS 5/12-163
Plain-English Summary
The delivery bond described in Section 12-162 is only useful to the officer and creditor if it's honored. This section covers what happens when it isn't. If the property isn't delivered according to the bond's condition, the officer holding the certified copy of the judgment may proceed to enforce it in the same manner as if no levy had been made at all.
That gives the officer a fresh start on enforcement rather than trying to force delivery of the specific bonded property. Section 12-164 then addresses the separate question of what the creditor can recover on the bond itself when the officer still can't collect.
Frequently Asked Questions
What triggers Section 12-163?
Failure to deliver the bonded property according to the condition of the delivery bond.
What can the officer do in response?
Proceed to enforce the certified copy of the judgment as if no levy had ever been made.
Does this section cover a lawsuit on the broken bond itself?
No, that's addressed in Section 12-164; this section covers the officer's enforcement options.
Which bond does this section concern?
The delivery bond taken by the officer under Section 12-162.
Does breaking the bond change the underlying judgment amount?
No, the judgment becomes enforceable again as though the levy had never occurred.
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: breach of delivery bond illinoisproperty not delivered illinois judgmentenforcing judgment after bond default illinois