(a) Whenever a judgment or order of attachment, entered by any court, shall be levied by any sheriff or coroner upon any personal property, and such property is claimed by any person other than the judgment debtor or defendant in such attachment, or is claimed by the judgment debtor or defendant in attachment as exempt from levy or attachment by virtue of the exemption laws of the State, by giving to the sheriff or coroner notice, in writing, of his or her claim, and intention to prosecute the same, it shall be the duty of such sheriff or coroner to notify the circuit court of such claim.
12-201.Procedure.
Article XII. Judgments - Enforcement · Part 2. Trial of Right of Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSets out the procedure a sheriff or coroner must follow when someone other than the judgment debtor claims property that has been levied on, or when the debtor claims it is exempt.
Full Text of 735 ILCS 5/12-201
(b) The court shall thereupon cause the proceeding to be entered of record, and the claimant shall be made plaintiff in the proceeding, and the judgment creditor or plaintiff in attachment shall be made defendant in such proceeding.
(c) The clerk of the circuit court shall thereupon issue a notice, directed to the judgment creditor or plaintiff in attachment, notifying him or her of such claim, and of the time and place of trial, which time shall be not more than 10 days nor less than 5 days from the date of such notice.
(d) Such notice shall be served in the same manner as provided for the service of summons in other civil cases, at least 5 days before the day of trial; and if such notice is served less than 5 days before the day of trial, the trial shall, on demand of either party, be continued for a period not exceeding 10 days.
(e) In case return is made on such notice that the judgment creditor or plaintiff in attachment cannot be found, the proceeding shall be continued for a period not exceeding 90 days, and the judgment creditor or plaintiff in attachment shall be notified of such proceeding by publication as in other civil cases.
(f) If the judgment creditor or plaintiff in attachment, or his or her attorney, shall at least 5 days before the day of trial, file with the clerk of the circuit court his or her appearance in such proceeding, then it shall not be necessary to notify such person as above provided.
Plain-English Summary
A levy does not end the argument over who owns the property. Section 12-201 kicks in the moment a third party steps forward and tells the sheriff or coroner, in writing, that the seized property is theirs, or the judgment debtor claims the goods are exempt under state law. The officer cannot referee that dispute alone; the statute directs the officer to notify the circuit court, which opens a formal proceeding with the claimant as plaintiff and the judgment creditor (or attaching plaintiff) as defendant.
The section then builds a compressed timetable around that proceeding. The clerk issues notice to the judgment creditor fixing a trial date no more than 10 and no less than 5 days out, served the way a summons would be served in any civil case. If service happens on short notice, either side can ask for a continuance of up to 10 days. If the judgment creditor cannot be found at all, the case does not stall indefinitely: the court continues it for up to 90 days while notice runs by publication.
The last subsection offers a shortcut. A judgment creditor who enters an appearance at least 5 days before trial spares the clerk from having to serve formal notice at all, which lets a creditor already watching the case move things along faster.
Frequently Asked Questions
Who can trigger this trial-of-right-of-property procedure?
Either a third party who claims ownership of levied property, or the judgment debtor who claims the property is exempt from levy under the state's exemption laws. Both routes start with written notice to the sheriff or coroner holding the property.
How does the sheriff or coroner respond to a claim notice?
Section 12-201(a) makes it the officer's duty to notify the circuit court of the claim once written notice and an intention to prosecute it are given. The officer does not decide the ownership question directly.
How is the judgment creditor brought into the case?
The clerk of the circuit court issues notice directed to the judgment creditor or plaintiff in attachment, naming the time and place of trial, and it must be served the way a summons is served in other civil cases.
What happens if the judgment creditor cannot be located?
Section 12-201(e) allows the proceeding to continue for up to 90 days while the judgment creditor is notified by publication, the same method used in other civil cases when a party cannot be found.
Can a judgment creditor skip formal notice altogether?
Yes. Under subsection (f), if the judgment creditor or an attorney files an appearance at least 5 days before trial, the clerk does not need to serve the notice described in the rest of the section.
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: illinois trial of right of propertythird party claim to levied property illinoisclaiming property exempt from levy illinoissheriff notice of ownership claim illinois