Where relief is sought under Article XIX of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which the plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
19-122.Seeking wrong remedy not fatal.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a court finds a plaintiff pleaded or established facts entitling them to relief but sought the wrong remedy under Article XIX, the court must allow the pleadings to be amended on just and reasonable terms and grant the relief the plaintiff earned.
Full Text of 735 ILCS 5/19-122
Plain-English Summary
Section 19-122 keeps a technical pleading mismatch from defeating a plaintiff who has otherwise proven a case. If the court, on a motion directed to the pleadings, a summary judgment motion, or at trial, finds that the plaintiff pleaded or established facts entitling the plaintiff to relief, but that the plaintiff asked for the wrong remedy, the court must permit an amendment rather than deny relief outright.
The amendment must be allowed on just and reasonable terms, and once made, the court grants the relief the plaintiff is entitled to on the amended pleadings or the evidence presented. This forgives a plaintiff who correctly identified the wrong but asked the court for the wrong form of relief under Article XIX.
In deciding what is just and reasonable, the court weighs the defendant's countervailing interests: the right to assert additional defenses, to demand a jury trial, to plead a counterclaim or third-party complaint, and to require the plaintiff to take steps that were not needed under the pleadings as they stood before amendment. That balancing protects the defendant from being blindsided by a late change in the theory of relief.
Frequently Asked Questions
What happens if a replevin plaintiff sought the wrong remedy?
If the court finds the plaintiff proved facts entitling the plaintiff to relief but asked for the wrong remedy, the court must allow the pleadings to be amended on just and reasonable terms and then grant the relief the plaintiff is entitled to.
At what stage can this amendment happen?
On a motion directed to the pleadings, on a motion for summary judgment, or at trial.
What must the court consider in deciding whether an amendment is just and reasonable?
The defendant's right to assert additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and require the plaintiff to take additional steps not required under the prior pleadings.
Does this section create a new cause of action for the plaintiff?
No. It only allows correction of the remedy sought when the plaintiff has already pleaded or proven the underlying facts entitling the plaintiff to relief under Article XIX.
Why does the statute protect the defendant when the amendment is allowed?
Because switching remedies late in the case could otherwise deprive the defendant of defenses, a jury trial, or other procedural rights the defendant would have had if the correct remedy had been pleaded from the start.
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: wrong remedy replevin illinoisamending pleadings replevin casejust and reasonable amendment termsreplevin pleading error fix