The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as in the complaint, from the possession of the defendant, and deliver the same to the plaintiff unless such defendant executes a bond and security as hereinafter provided, and to summon the defendant to answer the complaint or otherwise appear in the action, or in case the property or any part thereof is not found and delivered to the sheriff or other officer, to answer to the plaintiff for the value of the same. The order for replevin may be served as a summons for a trial on the merits of the case by any person authorized to serve summons.
19-109.Order.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe order for replevin directs the sheriff to take the described property from the defendant and give it to the plaintiff unless the defendant posts a bond, to summon the defendant, and if the property cannot be found, to hold the defendant liable for its value.
Full Text of 735 ILCS 5/19-109
Plain-English Summary
Section 19-109 sets out the operative content of the order for replevin itself. The sheriff or officer must take the property described in the complaint from the defendant's possession and deliver it to the plaintiff, unless the defendant posts the bond and security described in Section 19-116 to keep the property pending trial.
The same order also functions as a summons: it directs the officer to summon the defendant to answer the complaint or otherwise appear. If the officer cannot locate and deliver all or part of the property, the order requires the defendant to instead answer to the plaintiff for its value.
The section closes by clarifying that the order for replevin may be served as a summons for a trial on the merits by any person authorized to serve summons, tying back to the split of duties described in Section 19-108.
Frequently Asked Questions
What does an order for replevin require the sheriff to do?
Take the described property from the defendant's possession and deliver it to the plaintiff, unless the defendant posts a qualifying bond, and summon the defendant to answer the complaint.
Can a defendant keep the property despite an order for replevin?
Yes, if the defendant executes the bond and security described in Section 19-116 before the property is delivered to the plaintiff.
What happens if the property cannot be found?
The order requires the defendant to answer to the plaintiff for the value of the property that was not found and delivered to the officer.
Does the order for replevin also serve as the summons in the case?
Yes. It summons the defendant to answer or appear, and it may be served for that purpose by any person authorized to serve summons.
What is the source of the current version of this section?
The section's history cites P.A. 83-707, reflecting an amendment to the earlier version enacted under P.A. 82-280.
Amendment History
(Source: P.A. 83-707.)
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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