In replevin cases pending in circuit courts, any person other than the defendant claiming the property replevied may intervene, verifying the petition by affidavit. The court shall direct a trial of the right of property as in other cases and in case judgment is rendered for the intervening party and it is further found that such party is entitled to the possession of all or any part of the property, judgment shall be entered accordingly and the property to which the claimant is entitled ordered to be delivered to such claimant together with payment of the claimant's costs. In case judgment is entered for the claimant, although he or she is not then entitled to possession of the property, he or she shall be entitled to his or her costs. In case judgment is entered for the plaintiff, the plaintiff shall be entitled to recover the plaintiff's costs from the claimant. If the claimant is a non- resident of the State, he or she shall file security for costs as required of non-resident plaintiffs.
19-124.Intervention.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA person other than the defendant who claims replevied property may intervene by a verified petition, and the court will try the right of property and award costs, and possession where warranted, among the plaintiff, defendant, and intervening claimant as the outcome dictates.
Full Text of 735 ILCS 5/19-124
Plain-English Summary
Section 19-124 lets a third party step into a pending replevin case in circuit court when that party also claims the disputed property. The intervenor's petition must be verified by affidavit, mirroring the verification requirement for the original complaint under Section 19-104.
Once the claimant intervenes, the court directs a trial of the right of property as it would in other cases. If judgment goes for the intervening party, and the court also finds that party entitled to possession of all or part of the property, judgment is entered accordingly and the property to which the claimant is entitled is ordered delivered, along with the claimant's costs.
The section then sorts out costs across three possible outcomes. If judgment favors the claimant even without a present right to possession, the claimant still recovers costs. If judgment favors the plaintiff instead, the plaintiff recovers costs from the claimant. And if the claimant is not an Illinois resident, the claimant must file security for costs, the same requirement imposed on nonresident plaintiffs generally.
Frequently Asked Questions
How does a third party claim rights to replevied property?
By intervening in the pending replevin case and verifying the petition by affidavit.
What happens if the court rules for the intervening claimant?
If the claimant is also found entitled to possession of all or part of the property, judgment is entered accordingly, the property is ordered delivered to the claimant, and the claimant recovers costs.
Does the claimant recover costs even without winning possession?
Yes. If judgment is entered for the claimant even though the claimant is not then entitled to possession, the claimant is still entitled to costs.
Who pays costs if the plaintiff wins against the intervening claimant?
The plaintiff recovers costs from the claimant.
What must a nonresident intervening claimant do?
File security for costs, the same requirement imposed on nonresident plaintiffs in replevin actions.
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: intervention in replevin case illinoisthird party claiming replevied propertyintervenor costs replevinnonresident claimant security costs