Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBefore an order for replevin can issue or property can be seized, the defendant generally gets 5 days' written notice and a hearing, and a consumer cannot waive that right except in a knowing, voluntary, written waiver.
Full Text of 735 ILCS 5/19-105
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The defendant shall be given 5 days written notice in the manner required by rule of the Supreme Court, of a hearing before the court to contest the entry of an order for replevin. No order for replevin may be entered nor may property be seized pursuant to an order for replevin prior to such notice and hearing except as provided in Section 19-106 of this Act.
As to any particular property, the right to notice and hearing established in this Section may not be waived by any consumer. As used in this Section, a consumer is an individual who obtained possession of the property for personal, family, household, or agricultural purposes.
Any waiver of the right to notice and hearing established in this Section must be in writing and must be given voluntarily, intelligently, and knowingly.
Plain-English Summary
Section 19-105 builds due process into the replevin process. Before the court enters an order for replevin or the sheriff seizes property, the defendant must receive 5 days' written notice, given in the manner required by Supreme Court rule, of a hearing to contest the order.
That default rule bends only where Section 19-106 applies, which allows the plaintiff to seek an order without prior notice in narrow, urgent circumstances.
The section then singles out consumers for extra protection. A consumer, defined here as someone who got possession of the property for personal, family, household, or agricultural purposes, cannot waive the right to notice and hearing as to any particular property except through a waiver that is in writing and given voluntarily, intelligently, and knowingly. That heightened standard makes it harder for a boilerplate contract clause to strip a consumer of the hearing.
Frequently Asked Questions
How much notice must a replevin defendant get before an order is entered?
At least 5 days' written notice, given in the manner required by Illinois Supreme Court rule, of a hearing to contest the order for replevin.
Can property be seized without notice to the defendant?
Only if Section 19-106 applies, which lets a plaintiff obtain summary seizure without notice in specific, urgent situations such as imminent destruction or removal of the property.
Who counts as a consumer for purposes of this notice requirement?
An individual who obtained possession of the property for personal, family, household, or agricultural purposes.
Can a consumer waive the right to notice and a hearing?
Only through a waiver that is in writing and given voluntarily, intelligently, and knowingly. A consumer cannot waive this right in any other way as to particular property.
What is the hearing under this section supposed to decide?
Whether an order for replevin should be entered, giving the defendant a chance to contest the plaintiff's claimed right to seize the property before it happens.
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 notice requirement illinoisconsumer waiver replevinhearing before property seizure illinois5 day notice replevindue process replevin illinois