When the property or any part thereof is not found or delivered as above stated, and the defendant is summoned or enters his or her appearance, the plaintiff may proceed, under the original or amended complaint, as in an action for the wrongful taking and detention of such property or so much thereof as is not found and delivered to the sheriff or other officer, and as to the property not found and delivered, the plaintiff, if he or she recovers, shall be entitled to judgment for the value thereof or his or her interest therein, and such damages as he or she has sustained by reason of the wrongful taking and detention.
19-120.When property not found.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf the summoned defendant did not have all or part of the property to turn over, the plaintiff can pursue the case as one for wrongful taking and detention of the missing property and, if successful, recover its value or the plaintiff's interest in it plus resulting damages.
Full Text of 735 ILCS 5/19-120
Plain-English Summary
Section 19-120 covers the situation flagged in Section 19-109: property that the officer could not find and deliver. When that happens but the defendant is summoned or enters an appearance, the plaintiff is not stuck without a remedy for the missing portion.
The plaintiff may proceed, under the original complaint or an amended one, treating the case as an action for the wrongful taking and detention of whatever property was not found and delivered to the officer.
If the plaintiff succeeds, the judgment covers the value of the missing property, or the plaintiff's interest in it if the plaintiff was not the sole owner, plus whatever damages the plaintiff sustained because of the wrongful taking and detention. This lets a replevin case convert smoothly into a damages remedy for the portion of the property that could never be recovered in kind.
Frequently Asked Questions
What happens if the sheriff cannot locate all the replevin property?
If the defendant is summoned or appears, the plaintiff may proceed as though suing for wrongful taking and detention of the property that was not found and delivered.
Can the plaintiff amend the complaint to reflect that some property is missing?
Yes, Section 19-120 allows the plaintiff to proceed under the original or an amended complaint for the missing property.
What can a plaintiff recover for property that is never found?
The value of the property, or the plaintiff's interest in it, along with damages sustained because of the wrongful taking and detention.
Does this section require a separate lawsuit for the missing property?
No. It lets the plaintiff pursue that relief within the same replevin action rather than filing a new suit.
Is recovery limited to the property's value alone?
No. In addition to the value of the property, or the plaintiff's interest in it, the plaintiff can recover damages sustained from the wrongful taking and detention.
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: property not found replevin illinoisdamages for missing replevin propertyconverting replevin to damages claimvalue of property not recovered