If it appears by affidavit of the plaintiff, his or her attorney or agent, or by the return of the officer, that any defendant in such action is not a resident of this State, or has departed from this State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served on him or her, notice may be given as provided by law in cases of attachment, and with like effect.
19-118.Notice by publication.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a replevin defendant is a nonresident, has left the state, cannot be found after due inquiry, or is concealed to avoid service, notice may be given by publication as in attachment cases, with the same effect.
Full Text of 735 ILCS 5/19-118
Plain-English Summary
Section 19-118 addresses defendants who cannot be reached through ordinary service. It applies when an affidavit from the plaintiff, the plaintiff's attorney or agent, or the officer's return shows one of four situations: the defendant is not an Illinois resident, has left the state, cannot be found despite due inquiry, or is concealed within the state to avoid process.
In any of those circumstances, the plaintiff can give notice as provided by law in attachment cases, and that notice by publication has the same legal effect as personal service would have had.
By borrowing the attachment publication procedure wholesale, this section avoids duplicating detailed notice-by-publication rules within the replevin article itself, while still giving the plaintiff a path forward against an absent or evasive defendant.
Frequently Asked Questions
What if a replevin defendant cannot be personally served?
If an affidavit or the officer's return shows the defendant is a nonresident, has left the state, cannot be found after due inquiry, or is concealed to avoid service, notice may be given by publication as in attachment cases.
Who can supply the affidavit needed for notice by publication?
The plaintiff, the plaintiff's attorney or agent, or it can be shown instead by the officer's return.
Does publication notice have the same effect as personal service in a replevin case?
Yes, Section 19-118 states it has like effect to the notice procedures used in attachment cases.
Why does this section refer to attachment law instead of setting its own publication rules?
It incorporates the existing attachment notice-by-publication procedure rather than duplicating a separate set of publication requirements within the replevin article.
What must be shown before publication notice is used?
One of the four circumstances listed: nonresidence, departure from the state, inability to find the defendant after due inquiry, or concealment within the state to avoid service.
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
Also known as: replevin service by publication illinoiscannot find defendant replevinnonresident defendant replevin noticeconcealed defendant replevin