The order shall be directed to the sheriff or other proper officer of the proper county, to serve; and for the purpose only of service as summons shall be directed also to any person authorized to serve summons.
19-108.Direction of order.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn order for replevin is directed to the sheriff or another proper officer of the county to serve it, and for service as a summons alone it may also go to anyone authorized to serve summons.
Full Text of 735 ILCS 5/19-108
Plain-English Summary
Section 19-108 addresses who carries out a replevin order once the court enters it. The order goes to the sheriff or other proper officer of the county where it is to be served, since that officer has authority to seize property under the order.
The section carves out a separate track for the summons function of the order. Because the order also serves as a summons requiring the defendant to answer or appear, the section allows it to be directed, for that purpose only, to any person authorized to serve summons generally, not just a sheriff.
This split matters practically: physical seizure of goods is reserved to law enforcement officers, while the paperwork side of notifying the defendant of the lawsuit can be handled by any process server.
Frequently Asked Questions
Who is authorized to serve a replevin order in Illinois?
The sheriff or other proper officer of the county, who carries out the seizure of the property described in the order.
Can someone other than the sheriff serve a replevin order?
For the summons portion only, yes. Section 19-108 allows the order to be directed to any person authorized to serve summons, though seizure of the property remains an officer's function.
Why does the order function as both a seizure directive and a summons?
The order for replevin under Section 19-109 both directs the officer to take the property and summons the defendant to answer, so this section addresses who may serve each part.
Does this section apply across county lines?
It directs the order to the proper officer of the proper county, and Section 19-116 further limits actual seizure to a proper officer of the county where the order was entered.
What if the order needs to be served in more than one county?
Section 19-110 allows the clerk to issue additional certified copies of the order for use in different counties.
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: who serves replevin order illinoissheriff replevin servicereplevin order as summonsprocess server replevin illinois