Article XIX. Replevin · Last amended 2008 · Last verified July 20, 2026
In one sentenceThe officer holding a replevin order must serve it on the defendant regardless of whether the property is found, unless the plaintiff directs otherwise when nothing is found, and may use reasonable, court-authorized force to enter and recover property the defendant is withholding and hiding.
Full Text of 735 ILCS 5/19-117
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It shall be the duty of the officer having an order for replevin, to serve the same upon the defendant, whether the property is found or delivered to him or her, or not, unless, when none of the property is found, the officer is otherwise directed by the plaintiff or his or her attorney or agent.
If the defendant fails to deliver up to the sheriff the chattel which is the subject of the order for replevin and the plaintiff has a reasonable belief as to where the chattel is sequestered, the court may authorize the sheriff to use reasonable force to enter into the property to recover same upon such terms and conditions as the court may direct.
Plain-English Summary
Section 19-117 requires the officer to serve the order on the defendant whether or not the property was located and delivered. The one exception is where none of the property was found at all; in that situation, the plaintiff or the plaintiff's attorney or agent can direct the officer not to serve, presumably to avoid tipping off a defendant before a different strategy is pursued.
The section's second part addresses defendants who hide the property rather than surrender it. If the defendant fails to give the sheriff the chattel sought in the order, and the plaintiff reasonably believes where it is being sequestered, the court may authorize the sheriff to use reasonable force to enter the property and recover it, on whatever terms and conditions the court sets.
This force provision, added by the more recent amendment reflected in the section's history, gives real weight to a replevin order against a defendant determined to conceal rather than surrender the goods.
Frequently Asked Questions
Must the officer serve the defendant even if the property is not found?
Yes, generally, unless the plaintiff or the plaintiff's attorney or agent directs the officer not to serve when none of the property was found.
What can a plaintiff do if the defendant is hiding the property?
If the plaintiff has a reasonable belief about where the chattel is sequestered, the court may authorize the sheriff to use reasonable force to enter the property and recover it.
Does the sheriff need a separate court order to use force to recover hidden property?
Yes. The court must authorize the use of reasonable force and may set terms and conditions on how it is carried out.
What counts as reasonable force under this section?
The statute does not define a specific method; it leaves the scope of reasonable force, and the terms and conditions, to the court's authorization.
When was the force provision added to this section?
The section's history cites P.A. 95-661, effective January 1, 2008, as the source of the current text, including the force-to-recover language.
Amendment History
(Source: P.A. 95-661, eff. 1-1-08.)
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:forcing entry to recover replevin propertydefendant hiding property replevin illinoissheriff force recover chattelservice of replevin order on defendant