Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by the owner or person entitled to their possession.
19-101.When brought.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIllinois lets an owner or person entitled to possession sue in replevin to recover goods or chattels that have been wrongfully distrained, taken, or detained by someone else.
Full Text of 735 ILCS 5/19-101
Plain-English Summary
This section states the basic premise of the whole article: replevin exists to get specific property back, not just its cash value. If someone has wrongfully seized your goods through distraint, taken them without right, or is holding onto them after your right to possession arose, you can sue to recover the property itself.
Two groups can bring the action: the owner of the property, or a person who is entitled to possession even without owning it outright. That second category covers situations such as a lienholder, a bailee, or someone else with a possessory right short of title.
The word "wrongfully" does real work here. The taking or detention must lack legal justification. The sections that follow in this article spell out how the case starts, what the plaintiff must plead, and how the property gets physically recovered while the lawsuit is pending.
Frequently Asked Questions
What is replevin under Illinois law?
Replevin is a civil action that lets someone recover specific goods or chattels that another person is wrongfully holding, rather than only recovering money damages for their loss.
Who can bring a replevin action in Illinois?
The owner of the property or any person then lawfully entitled to its possession, such as someone with a possessory right that falls short of full ownership.
What does it mean for property to be wrongfully distrained?
Distraint is the seizure of property, historically to satisfy unpaid rent or another obligation. When that seizure has no legal basis, Section 19-101 treats it the same as any other wrongful taking or detention.
Does replevin cover real estate?
No. Replevin under this article applies to goods and chattels, meaning personal property, not land or interests in real estate.
What must a plaintiff show to win a replevin case?
The plaintiff must establish a right to possession of the specific property and that the defendant is wrongfully holding it. Section 19-104 spells out what a replevin complaint must allege.
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
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