The court or the jury shall determine the rights of the parties and the court shall enter judgment accordingly, and the court shall direct the sheriff or coroner as to the disposition of the property in the possession of the sheriff or coroner. In case the property appears to belong to the claimant, when the claimant is any person other than the judgment debtor or the defendant in the attachment, or in case the property is found to be exempt from enforcement of a judgment thereon or attachment, when the claimant is the judgment debtor or the defendant in the attachment, judgment shall be entered against the judgment creditor or plaintiff in the attachment for the costs, and the property levied on shall be released, and in case it further appears that such claimant is entitled to the immediate possession of such property, the court shall order that such property be delivered to such claimant. If it appears that the property does not belong to the claimant, or is not exempt from the enforcement of a judgment thereon or attachment, as the case may be, judgment shall be entered against the claimant for costs, and an order shall be entered that the sheriff or coroner proceed to sell the property levied on. The judgment in such cases shall be a complete indemnity to the sheriff or coroner in selling or restoring any such property, as the case may be.
12-204.Trial and judgment.
Article XII. Judgments - Enforcement · Part 2. Trial of Right of Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceTells the court how to enter judgment after a right-of-property trial, directing what happens to the levied property depending on whether the claimant or the judgment creditor prevails.
Full Text of 735 ILCS 5/12-204
Plain-English Summary
Section 12-204 is where the right-of-property dispute resolves. After the court or jury decides who owns (or who can claim exemption in) the levied property, the court enters judgment and tells the sheriff or coroner what to do with the goods still in custody.
If the claimant wins, the outcome differs by who the claimant is. When a third party's ownership claim succeeds, or when a judgment debtor's exemption claim succeeds, the court enters judgment against the judgment creditor for costs, releases the levy, and, if the claimant is entitled to immediate possession, orders the property delivered to the claimant. When the claimant loses, the reverse happens: judgment for costs goes against the claimant, and the court orders the sheriff or coroner to proceed with selling the levied property.
The section closes with a protective rule for the officer caught between the parties. The judgment entered in this proceeding fully indemnifies the sheriff or coroner for selling or restoring the property as the judgment directs, so the officer is not personally exposed for following the court's order.
Frequently Asked Questions
What does the court decide at the end of a right-of-property trial?
The court or jury determines the rights of the parties, and the court enters judgment accordingly along with directions to the sheriff or coroner on how to dispose of the property.
What happens if the claimant's ownership or exemption claim succeeds?
Judgment for costs is entered against the judgment creditor or plaintiff in attachment, the levy is released, and if the claimant is entitled to immediate possession, the court orders the property delivered to the claimant.
What happens if the claimant loses?
Judgment for costs is entered against the claimant, and the court orders the sheriff or coroner to proceed to sell the levied property.
Is the sheriff or coroner personally liable for selling or returning the property?
No. Section 12-204 states that the judgment is a complete indemnity to the sheriff or coroner for selling or restoring the property as directed.
Does this section address costs separately from the substantive ruling?
It addresses costs as part of the same judgment; Section 12-205 separately covers apportioning costs when the claimant wins on only part of the property.
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 right of property judgmentwho pays costs property claim illinoissheriff indemnity selling levied property illinois