If the plaintiff in an action of replevin obtains an order for replevin and the right of property is adjudged against the plaintiff, judgment shall be entered for a return of the property if such property has been delivered to the plaintiff, and damages for the use thereof from the time it was taken until a return thereof is made, unless the plaintiff shall, in the meantime, have become entitled to the possession of the property, in which event judgment may be entered against the plaintiff for costs and such damage as the defendant has sustained; or if the property was held for the payment of any money, the judgment may be in the alternative that the plaintiff pay the amount for which the same was rightfully held, with proper damages, within a given time, or make return of the property in case such property was delivered to the plaintiff.
19-123.Judgment against plaintiff.
Article XIX. Replevin · Last amended 2008 · Last verified July 20, 2026
In one sentenceIf the plaintiff obtained a replevin order but ultimately loses the right-of-property question, judgment is entered for return of the property with use damages, or for costs and damages if the plaintiff already has a right to possess it, or in the alternative for payment plus damages if the property was security for money owed.
Full Text of 735 ILCS 5/19-123
Plain-English Summary
Section 19-123 governs what happens when a replevin plaintiff wins the initial order but loses on the merits. If the plaintiff obtained an order for replevin, and the right of property is ultimately adjudged against the plaintiff, the court enters judgment for return of the property, assuming it was delivered to the plaintiff, along with damages for its use from the time it was taken until it is returned.
There is an exception built in: if the plaintiff has, in the meantime, become entitled to possession of the property through some other development, the judgment instead runs against the plaintiff for costs and whatever damage the defendant sustained, rather than requiring a physical return that would serve no purpose.
A separate alternative applies when the property was held for payment of money, such as goods held as security. There, the judgment may give the plaintiff a choice: pay the amount for which the property was rightfully held, with proper damages, within a set time, or return the property if it was delivered to the plaintiff.
Frequently Asked Questions
What happens if the plaintiff loses a replevin case after already getting the property?
Judgment is entered for return of the property, plus damages for its use from the time it was taken until it is returned, assuming the property had been delivered to the plaintiff.
Is there an exception if the plaintiff later becomes entitled to the property anyway?
Yes. If the plaintiff becomes entitled to possession in the meantime, judgment may instead be entered against the plaintiff for costs and the damage the defendant sustained, rather than for return of the property.
What if the property was held as security for a debt?
The judgment may be in the alternative: the plaintiff pays the amount for which the property was rightfully held, with proper damages, within a given time, or returns the property if it was delivered to the plaintiff.
Who bears the loss if the plaintiff's replevin claim ultimately fails?
The plaintiff, through a judgment for return of the property and use damages, or for costs and damages if return is no longer necessary or appropriate.
What does 'right of property adjudged against the plaintiff' mean here?
It means the court ultimately determines the plaintiff did not have the superior right to the property that the replevin order had presumed.
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: replevin judgment against plaintiff illinoislosing replevin case illinoisreturn of property judgmentsecurity property replevin judgment