No action of replevin shall lie on behalf of a defendant against whom a judgment or attachment is in the process of enforcement, to recover goods or chattels seized by virtue thereof, unless such goods and chattels are exempted, by law, from such enforcement of the judgment or attachment; nor shall an action of replevin lie for such goods and chattels at the action of any other person, unless such other person has, at the time, a right to reduce the goods taken to his or her possession.
19-102.When not available.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceReplevin cannot be used by a judgment debtor to undo an ongoing judgment or attachment enforcement unless the seized goods are legally exempt from that enforcement, and separately, no other person may replevy those goods unless that person then had a right to reduce them to his or her own possession.
Full Text of 735 ILCS 5/19-102
Plain-English Summary
Section 19-102 fences off replevin from becoming a backdoor challenge to lawful enforcement. If a sheriff has seized a defendant's goods to satisfy a judgment or attachment that is still being enforced, the defendant cannot use replevin to get the property back, unless the goods were exempt from that kind of enforcement in the first place.
The same restriction extends to third parties. Someone other than the judgment debtor cannot replevy goods seized under a judgment or attachment unless that person already had, at the time of seizure, a right to reduce the goods to his or her own possession. A bare claim of ownership without a present right to possession is not enough.
Read together with Section 19-104's pleading requirements, this section explains why a replevin complaint must affirmatively state that the property was not taken for any tax, assessment, fine, or lawful process against the plaintiff.
Frequently Asked Questions
Can a debtor use replevin to get back property seized to satisfy a judgment?
No, not while the judgment or attachment is still being enforced against goods that were properly subject to it. The exception is property that is exempt by law from that enforcement.
Can someone other than the judgment debtor replevy seized property?
Only if that person had, at the time of the seizure, a right to take the goods into his or her own possession. A later-arising claim of ownership is not enough on its own.
What happens if the seized property was legally exempt?
The exemption removes the bar in this section, so the owner of exempt property may still bring replevin to recover it even though a judgment or attachment enforcement is underway.
Why does Illinois limit replevin against judgment enforcement?
Allowing replevin to interrupt an ongoing, lawful judgment or attachment enforcement would let debtors and third parties use the replevin process to frustrate valid collection efforts.
How does this section relate to the replevin complaint requirements?
Section 19-104 requires the plaintiff to state that the property was not taken under tax, assessment, fine, or lawful process against the plaintiff, which mirrors the restriction set out here.
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: replevin against judgment seizureattachment exemption replevin illinoisthird party replevin claimwhen replevin is not availableexempt property seized illinois