No second delivery bond shall be taken in behalf of a judgment debtor so failing to comply with the first, nor shall a delivery bond be taken of his or her surety without the consent of the judgment creditor.
12-165.Second delivery bond.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-165 bars a debtor who defaulted on a first delivery bond from getting a second one, and bars taking a delivery bond from that debtor's surety without the judgment creditor's consent.
Full Text of 735 ILCS 5/12-165
Plain-English Summary
This section closes off a repeat of the same delay once a debtor has already broken one delivery bond. No second delivery bond may be taken on behalf of a judgment debtor who has already failed to comply with the first one.
The section extends that limit to the debtor's surety as well: a delivery bond may not be taken from the debtor's surety either, unless the judgment creditor consents. That leaves the creditor in control of whether to accept any further bonding arrangement after a first default.
Frequently Asked Questions
Can a debtor who broke a first delivery bond get a second one?
No, no second delivery bond is allowed on behalf of a debtor who failed to comply with the first.
Can the debtor's surety post a delivery bond instead?
Only with the consent of the judgment creditor.
Why does the law limit second bonds this way?
To keep a debtor who already broke one delivery promise from repeating the same delay through another bond.
Does this affect the creditor's remedy under Section 12-164?
No, the creditor's recovery on the broken first bond remains available regardless.
Who benefits from requiring the creditor's consent for a surety's bond?
The judgment creditor, who controls whether to accept that alternative arrangement.
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: no second delivery bond illinoissurety delivery bond consent illinoisrepeat delivery bond default illinois