Before the service of the order for replevin the plaintiff or some one else on his or her behalf shall give to the sheriff or other officer a bond with sufficient security in double the value of the property about to be replevied, conditioned that he or she will prosecute such action to effect and without delay and make return of the property to the defendant if return of the property shall be awarded or will deliver the same to the intervening petitioner should it be found that the property belongs to him or her, and save and keep harmless such sheriff or other officer as the case may be, in replevying such property and further conditioned for the payment of all costs and damages occasioned by wrongfully obtaining out the order for replevin, and if the sureties on such bond at any time before trial becomes insolvent, an order shall be entered requiring good and sufficient replevin bond to be filed, and if the same is not so filed within the time fixed by the court, the action shall be dismissed.
19-112.Replevin bond.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBefore serving a replevin order, the plaintiff must post a bond with sufficient security worth double the property's value, covering prosecution of the action, return of the property, protection of the officer, and costs and damages, with a stricter fallback if the sureties become insolvent before trial.
Full Text of 735 ILCS 5/19-112
Plain-English Summary
Section 19-112 sets the plaintiff's bonding obligation, the price of admission for having the sheriff seize a defendant's property before the case is finally decided. Before the order for replevin is served, the plaintiff, or someone acting for the plaintiff, must give the sheriff or other officer a bond with sufficient security in double the value of the property to be replevied.
The bond's conditions cover several distinct risks. The plaintiff must prosecute the action to effect and without delay, return the property to the defendant if a return is awarded, deliver the property to an intervening petitioner if the property turns out to belong to that person, hold the officer harmless in carrying out the replevin, and pay all costs and damages caused by wrongfully obtaining the order.
The section also addresses what happens if the bond's sureties become insolvent before trial: the court must order a new, sufficient bond filed, and if the plaintiff does not file it within the time the court sets, the action is dismissed. That keeps the defendant's protection intact even if the original security fails partway through the case.
Frequently Asked Questions
How much must a replevin bond be worth in Illinois?
The bond and its security must equal double the value of the property to be replevied.
What is the replevin bond supposed to protect against?
It covers the plaintiff's diligent prosecution of the case, return of the property to the defendant or an intervening claimant if warranted, protection of the officer carrying out the seizure, and payment of costs and damages from a wrongful replevin order.
Who must post the replevin bond?
The plaintiff, or someone else acting on the plaintiff's behalf, before the order for replevin is served.
What happens if the bond's sureties become insolvent before trial?
The court orders a new, sufficient replevin bond filed within a set time, and if the plaintiff fails to file it, the action is dismissed.
What if the sheriff takes property without a proper bond first being posted?
Section 19-114 makes the sheriff or officer liable to the injured party for damages if the officer fails to take and return a bond as required, or takes an insufficient one.
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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