If the officer does not obtain satisfaction of the judgment, he or she shall return the bond with the certified copy of the judgment, and the creditor shall be allowed to recover thereon the amount of the judgment, with interest and costs, or if the value of the property so levied upon is shown by the judgment debtor to be less than such judgment and costs, the value thereof, with 10% damages for the delay.
12-164.Proceedings on delivery bond.
Article XII. Judgments - Enforcement · Part 1. In General · Last amended 1999 · Last verified July 20, 2026
In one sentenceSection 12-164 lets the creditor recover the full judgment with interest and costs when the officer can't collect after a delivery bond default, unless the debtor shows the property was worth less, in which case recovery is limited to that value plus 10% damages for the delay.
Full Text of 735 ILCS 5/12-164
Plain-English Summary
This section picks up where Section 12-163 leaves off, once the officer's renewed enforcement effort still fails to satisfy the judgment. The officer returns the bond, along with the certified copy of the judgment, and the creditor is allowed to recover on the bond.
The default recovery is the amount of the judgment, with interest and costs. But the debtor can cut that recovery down by showing that the value of the property levied on was less than the judgment and costs; in that case, the creditor instead recovers that lesser value, plus 10% in damages for the delay caused by the broken bond.
Frequently Asked Questions
What happens when the officer can't satisfy the judgment after a bond default?
The officer returns the bond, along with the certified copy of the judgment.
What can the creditor then recover?
The amount of the judgment, with interest and costs.
Can the debtor limit that recovery?
Yes, by showing the levied property's value was less than the judgment and costs; recovery is then limited to that value, plus 10% damages for the delay.
Who has to prove the property's lower value?
The judgment debtor.
What source citation governs the current text of Section 12-164?
P.A. 91-357.
Amendment History
(Source: P.A. 91-357, eff. 7-29-99.)
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: suing on delivery bond illinoisdamages for delay delivery bond illinoisrecovering on broken delivery bond illinois