Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceOnce the plaintiff's bond is given, the officer serves the order by seizing the property and serving the defendant, then must deliver the property to the plaintiff unless the defendant posts an approved bond, at double the property's value, to keep it pending trial and comply with the judgment.
Full Text of 735 ILCS 5/19-116
Text size
Upon the bond being given the sheriff or other proper officer shall forthwith serve the certified copy of the order by seizing the property therein mentioned and by serving such order upon the defendant as summons is served in other civil cases. The order for replevin issued as provided in Section 19-108 of this Act, may be served as a summons upon defendants wherever they may be found in the State by any person authorized to serve summons in other civil cases; but property may be taken from the possession of a defendant under a replevin order only in the county in which the order is entered and by a proper officer of the county.
The officer serving such certified order having taken the property or any part thereof shall forthwith deliver such property to the plaintiff unless the defendant executes a bond and security approved by such officer, before such property is actually delivered to the plaintiff. Such bond shall be given in an amount double the value of such property and conditioned that the defendant will appear in and defend the action, and will deliver such property in accordance with the order of the court, in as good condition as it was when the action was commenced, and that the defendant will pay only those costs and damages that may be incurred during the time the property is out of the possession of the officer and back in his or her possession and adjudged against the defendant in such action.
Such bond shall be returned to the court by the officer serving the order on the day such order is returnable.
Plain-English Summary
Section 19-116 walks through execution of the order once the plaintiff's bond under Section 19-112 is in place. The officer serves the certified copy of the order by seizing the described property and serving the order on the defendant the same way a summons is served in other civil cases. The order may be served on the defendant anywhere in the state, but property may be taken from a defendant's possession only in the county where the order was entered, and only by a proper officer of that county.
After seizure, the officer must deliver the property to the plaintiff without delay, unless the defendant steps in with a bond and security, approved by the officer, before delivery happens. That bond must equal double the value of the property.
The defendant's bond is conditioned on three things: appearing in and defending the action, delivering the property in accordance with the court's judgment and in as good condition as when the action began, and paying only the costs and damages incurred while the property was out of the officer's possession, as ultimately adjudged against the defendant. The officer must return this bond to the court on the day the order is returnable.
Frequently Asked Questions
What does the officer do once the plaintiff's bond is given?
The officer serves the certified copy of the order by seizing the described property and serving the order on the defendant as a summons would be served.
Can property be seized from a defendant anywhere in Illinois?
The order itself may be served on the defendant anywhere in the state, but the officer may only take property from a defendant's possession in the county where the order was entered, by a proper officer of that county.
How can a defendant keep the property after it is seized?
By executing a bond and security, approved by the officer, before the property is delivered to the plaintiff, equal to double the value of the property.
What does the defendant's bond require the defendant to do?
Appear in and defend the action, deliver the property under the court's order in as good condition as when the action started, and pay only the costs and damages incurred while the property was out of the officer's possession, as adjudged against the defendant.
When must the defendant's bond be returned to the court?
The officer must return it to the court on the day the order is returnable.
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:defendant bond replevin illinoiskeeping property after replevin seizurehow replevin order is servedcounty limit replevin seizure