If judgment is entered in favor of the plaintiff in replevin, the plaintiff shall recover damages for the detention of the property while the same was wrongfully detained by the defendant.
19-125.Judgment for plaintiff.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen judgment is entered for the plaintiff in a replevin case, the plaintiff recovers damages for the period the defendant wrongfully detained the property, on top of getting the property itself back.
Full Text of 735 ILCS 5/19-125
Plain-English Summary
Section 19-125 states the damages rule for a plaintiff who wins a replevin case outright. Beyond recovering the property itself, the plaintiff also recovers damages measured by the detention period during which the defendant wrongfully held the property.
This provision compensates the plaintiff for the loss of use and value tied specifically to the time the property was wrongfully out of the plaintiff's hands, distinct from the value of the property itself, which is addressed elsewhere in the article, such as Section 19-120 when property was never recovered at all.
Section 19-126 then explains how these detention damages get assessed, whether by a jury at trial or by the court or a specially impaneled jury in cases resolved without a full trial.
Frequently Asked Questions
What can a plaintiff recover when winning a replevin case?
Damages for the detention of the property for the period it was wrongfully detained by the defendant, in addition to recovering the property itself.
Are detention damages the same as the value of the property?
No. Detention damages compensate for the wrongful holding period specifically, separate from the value of property that was never recovered, which Section 19-120 addresses.
Who decides the amount of detention damages?
Section 19-126 explains that a jury assesses damages if the case is tried by a jury, and otherwise the court or a specially impaneled jury does so.
Does this section apply if the plaintiff only partly prevails?
This section addresses judgment entered in favor of the plaintiff in replevin; Section 19-123 separately covers the different outcome where the right of property is adjudged against the plaintiff.
What time period do detention damages cover?
The period during which the property was wrongfully detained by the defendant.
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: damages for winning replevin casedetention damages illinois replevinplaintiff recovery replevin judgmentwrongful detention damages illinois