At the hearing on the entry of an order for replevin, which may be a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte hearing pursuant to a finding under Section 19-106 of this Act, the court shall review the basis of the plaintiff's claim to possession. If the plaintiff establishes a prima facie case to a superior right to possession of the disputed property, and if the plaintiff also demonstrates to the court the probability that the plaintiff will ultimately prevail on the underlying claim to possession, the court shall so find as a matter of record and an order for replevin shall be entered by the court.
19-107.Hearing for entry of order.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAt the notice hearing or the ex parte hearing, the court reviews the plaintiff's claim and enters an order for replevin only after finding a prima facie superior right to possession and a probability the plaintiff will prevail on the underlying claim.
Full Text of 735 ILCS 5/19-107
Plain-English Summary
Section 19-107 describes what the court decides at the hearing contemplated by Sections 19-105 and 19-106, whether that hearing followed notice to the defendant or happened ex parte after a Section 19-106 finding. The court reviews the basis of the plaintiff's claim to possession of the disputed property.
Two findings must both be made before an order for replevin issues. First, the plaintiff must establish a prima facie case of a superior right to possession, meaning enough evidence to support that conclusion if unrebutted. Second, the plaintiff must show the probability of ultimately prevailing on the underlying claim to possession, a higher bar than the bare prima facie showing.
Once the court makes both findings as a matter of record, the order for replevin follows, setting in motion the seizure and bonding process described in the sections that come after this one.
Frequently Asked Questions
What must a plaintiff prove to get an order for replevin entered?
A prima facie case of a superior right to possession of the property, and the probability that the plaintiff will ultimately prevail on the underlying claim to possession.
Is this the same hearing described in Section 19-105?
What does a prima facie case of superior right to possession mean here?
It means the plaintiff has presented evidence sufficient, if not rebutted, to support a finding that the plaintiff's right to possess the property is better than the defendant's.
Does the court have to find the plaintiff will definitely win the case?
No. The standard is a probability of ultimately prevailing, not certainty, though it requires more than the bare prima facie showing on the possession question.
What happens after the court makes the required findings?
The court enters an order for replevin, which under Section 19-109 directs the sheriff or other officer to take the property and deliver it to the plaintiff, subject to the defendant's bonding options.
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: prima facie replevin illinoisorder for replevin standardreplevin hearing requirementsprobability of prevailing replevin