19-113.Return.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/19-113
Plain-English Summary
Section 19-113 is a short administrative provision that closes the loop on the bond described in Section 19-112. After the sheriff or other officer takes the plaintiff's bond, that officer must return the bond to the clerk of the court that issued the certified copy of the order.
The certified copy of the order itself goes back to the clerk along with the bond, giving the court a complete record of the security posted and the order that was executed.
This filing step matters because it creates the record the parties and court later rely on if a dispute arises over the bond's sufficiency or if either party needs to sue on the bond under Section 19-127.
Frequently Asked Questions
What must the officer do with the replevin bond after taking it?
Return it, together with the certified copy of the order, to the clerk of the court that issued the order.
Why does the bond need to be filed with the clerk?
It creates the official record of the security posted, which matters if the bond's sufficiency is later challenged or if a party sues on the bond under Section 19-127.
Does the certified copy of the order also go back to the court?
Yes, the officer returns it together with the bond.
What happens if the officer fails to return the bond?
Section 19-114 makes the officer liable to the injured party for damages caused by failing to take and return the bond as required, or by returning an insufficient one.
Which court does the bond get returned to?
The court whose clerk issued the certified copy of the order for replevin that was served.
Amendment History
(Source: P.A. 82-280.)