If the sheriff or other officer fails to take and return the bond, as required by Article XIX of this Act, or returns an insufficient bond, he or she shall be liable to the party injured for all damages such party may sustain by reason of such neglect, which may be recovered in an action against the sheriff or other officer, or by an action upon the sheriff's or other officer's official bond.
19-114.Failure to take and return bond.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA sheriff or officer who fails to take and return a proper replevin bond, or returns an insufficient one, is liable to the injured party for resulting damages, recoverable directly against the officer or on the officer's official bond.
Full Text of 735 ILCS 5/19-114
Plain-English Summary
Section 19-114 gives teeth to the bonding requirement in Section 19-112. If the sheriff or other officer fails to take and return the required bond, or returns one that turns out to be insufficient, the officer becomes personally liable to whoever is injured as a result.
The injured party is not limited to a single remedy. Damages can be pursued through a direct action against the sheriff or officer, or through an action on the officer's official bond, the general bond every sheriff or officer posts to guarantee faithful performance of official duties.
This provision protects defendants and intervening claimants who depend on the replevin bond for their eventual recovery. If the officer's carelessness left that protection hollow, the officer, not just the plaintiff, can be made to answer for the shortfall.
Frequently Asked Questions
What happens if a sheriff fails to take a replevin bond?
The sheriff or officer becomes liable to the injured party for all damages sustained because of that failure.
What if the sheriff takes a bond but it turns out to be insufficient?
The same liability applies; Section 19-114 covers both failing to take a bond at all and returning an insufficient one.
How can an injured party recover from the sheriff under this section?
Either through a direct action against the sheriff or officer, or through an action on the sheriff's or officer's official bond.
Is there a time limit on suing a sheriff under this section?
Yes. Section 19-115 requires the bond to have been insufficient when taken and requires the action to be commenced within 3 years after the cause of action accrues.
Which article governs the bond requirement referenced here?
The requirement to take and return a proper bond is set out in Article XIX of this Act, specifically the replevin bond described in Section 19-112.
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
Also known as: sheriff liability replevin bond illinoisinsufficient replevin bond consequencessuing sheriff over replevin bondofficial bond action illinois