The officer making such sale shall, in his or her return of the certified copy of the judgment particularly describe the goods sold, and the sum for which each article was sold; and if he or she is guilty of fraud in the sale or return, he or she shall be liable, in a civil action to the party damaged, for 5 times the amount of the actual damage sustained by reason of such fraud.
12-168.Return - Liability.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-168 requires the selling officer's return to describe each item sold and its price, and imposes liability, in a civil action, for five times the actual damages if the officer commits fraud in the sale or the return.
Full Text of 735 ILCS 5/12-168
Plain-English Summary
After a sale of levied personal property, this section requires the officer to document it accurately. In the return of the certified copy of the judgment, the officer must particularly describe the goods sold and the sum each article brought.
Fraud in either the sale itself or in that return carries a heavier penalty than an ordinary damages claim: the officer becomes liable, in a civil action to the party damaged, for 5 times the amount of the actual damage the fraud caused.
Frequently Asked Questions
What must the officer's return of the certified judgment copy include?
A particular description of the goods sold and the sum for which each article was sold.
What happens if the officer commits fraud in the sale or the return?
Liability, in a civil action, for 5 times the amount of the actual damage sustained by reason of the fraud.
Who can bring that civil action?
The party damaged by the officer's fraud.
Does this section cover honest mistakes in the return?
No, the enhanced liability applies to fraud, not ordinary error.
How does this return connect to the notice required by Section 12-166?
The return documents the sale that the notice under Section 12-166 announced in advance.
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 fraud in sale illinoisreturn of judgment sale illinois damagesofficer liability fraudulent sale illinois