An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so described, or that he or she is then lawfully entitled to the possession thereof, and that the property is wrongfully detained by the defendant, and that the same has not been taken for any tax, assessment, or fine levied by virtue of any law of this State, against the property of such plaintiff, or against him or her individually, nor seized under any lawful process against the goods and chattels of such plaintiff subject to such lawful process, nor held by virtue of any order for replevin against such plaintiff.
19-104.Complaint.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA replevin case starts with a verified complaint describing the property, asserting ownership or a right to possession, alleging wrongful detention, and denying that the property was taken for taxes, fines, lawful process, or a prior replevin order against the plaintiff.
Full Text of 735 ILCS 5/19-104
Plain-English Summary
Section 19-104 lists everything a replevin complaint must contain to get the case off the ground. The complaint must be verified, meaning sworn to under oath, and it must describe the property being sought clearly enough to identify it.
Substantively, the complaint must allege that the plaintiff either owns the property or is then lawfully entitled to possess it, and that the defendant is wrongfully detaining it. Those are the core elements the plaintiff will ultimately have to prove.
The complaint must also rule out several disqualifying scenarios: that the property was not taken for a tax, assessment, or fine against the plaintiff or the plaintiff's property, was not seized under lawful process against the plaintiff's goods, and is not held under a prior replevin order against the plaintiff. These allegations track the limits Section 19-102 places on when replevin is available in the first place.
Frequently Asked Questions
Does an Illinois replevin complaint need to be verified?
Yes. Section 19-104 requires the complaint to be verified, meaning the plaintiff swears to the truth of its contents.
What must the complaint say about the property?
It must describe the property to be replevied clearly enough to identify it, and allege that the plaintiff owns it or is lawfully entitled to possess it.
What must the complaint say about how the defendant is holding the property?
It must allege that the property is wrongfully detained by the defendant.
Why must the complaint deny that the property was taken for taxes or fines?
Section 19-102 bars replevin against goods lawfully seized for a tax, assessment, or fine, or under lawful process, so the complaint must affirmatively rule out those situations.
What if the property was previously the subject of a replevin order against the plaintiff?
The complaint must state that the property is not held under any such prior order against the plaintiff, which is one of the express pleading requirements in this 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
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