No sheriff or other officer shall be liable, under the preceding section, unless the bond was insufficient when taken, nor unless action is commenced against him or her or upon his or her bond, within 3 years after the cause of action accrues.
19-115.Limitation.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA sheriff or officer is liable for an insufficient replevin bond only if it was insufficient when taken, and only if suit is commenced against the officer or the officer's bond within 3 years after the cause of action accrues.
Full Text of 735 ILCS 5/19-115
Plain-English Summary
Section 19-115 limits the liability created in Section 19-114 in two ways. First, the officer is liable only if the bond was insufficient at the moment it was taken, not because circumstances changed afterward, such as a surety's later insolvency, which Section 19-112 handles separately by requiring a new bond.
Second, the section imposes a statute of limitations: any action against the officer, or on the officer's official bond, must be commenced within 3 years after the cause of action accrues. Missing that window bars the claim regardless of the bond's actual sufficiency at the time it was taken.
Together, these limits protect officers from open-ended liability for a bond determination made at a single point in time, while still leaving injured parties a defined period to pursue the officer if the bond was defective from the start.
Frequently Asked Questions
When is an officer liable for an insufficient replevin bond under this section?
Only when the bond was insufficient at the time it was taken, not because of events that happened afterward.
How long does someone have to sue an officer over an insufficient bond?
Three years after the cause of action accrues, whether the suit is against the officer directly or on the officer's official bond.
Does a surety becoming insolvent later trigger this section?
No. That situation is addressed by Section 19-112, which requires a new bond to be filed if sureties become insolvent before trial; Section 19-115 concerns the bond's sufficiency when originally taken.
What happens if the 3-year period expires?
The action against the sheriff or officer, or on the officer's bond, is barred, even if the original bond was in fact insufficient.
Which section creates the underlying liability that this section limits?
Section 19-114, which makes an officer liable for damages from failing to take and return a bond, or from returning 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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