If at any time the conditions of the bond required by Section 19-112 of this Act, or of the bond provided for in Section 19-116 of this Act are broken, the sheriff or other officer or plaintiff in the name of the sheriff, for his or her own use, or the defendant or intervening party, as the case may be, may proceed and maintain an action on such bond for the recovery of all damages and costs, as have been sustained in consequence of the breach of such condition.
19-127.Action on bond.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf the conditions of the Section 19-112 or Section 19-116 bond are broken, the sheriff, the plaintiff acting in the sheriff's name, the defendant, or an intervening party may sue on the bond to recover all resulting damages and costs.
Full Text of 735 ILCS 5/19-127
Plain-English Summary
Section 19-127 gives the parties a remedy when a replevin bond's promises are not kept. It applies to both bonds discussed earlier in the article: the plaintiff's bond required under Section 19-112 before the property is seized, and the defendant's bond allowed under Section 19-116 to keep the property pending trial.
If either bond's conditions are broken at any point, several people may sue on it. The sheriff or other officer may sue, or the plaintiff may sue in the sheriff's name for the plaintiff's own use, and, depending on which bond is at issue, the defendant or the intervening party may also sue.
The action recovers all damages and costs sustained as a consequence of the breach, giving the injured party a direct route to compensation without having to relitigate the underlying replevin claim from scratch.
Frequently Asked Questions
What can a party do if a replevin bond's conditions are broken?
The sheriff, the plaintiff in the sheriff's name, or the defendant or intervening party, depending on which bond is involved, may bring an action on the bond to recover all resulting damages and costs.
Which bonds does this section cover?
Can the plaintiff sue on the bond in someone else's name?
Yes. The plaintiff may proceed in the name of the sheriff, for the plaintiff's own use, when the bond's conditions are broken.
What can be recovered in an action on a broken replevin bond?
All damages and costs sustained as a consequence of the breach of the bond's conditions.
Is there a specific defense available in this kind of action?
Section 19-128 allows the defendant in an action on the bond to plead that the merits were never determined in the underlying replevin trial, along with the defendant's title to the property.
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: suing on replevin bond illinoisbroken bond conditions replevinaction on replevin bondrecovering damages from replevin bond