In an action on a penal bond the plaintiff may allege as many breaches as the plaintiff may think fit. Damages shall be assessed for the breaches which are proved. The judgment for the penalty stands as security for all other breaches which may occur thereafter. The court may at any time thereafter, upon motion of plaintiff and 10 days' notice, assess damages for each subsequent breach. An order shall be entered after each assessment of damages for the enforcement of the judgment for the amount of the additional damages assessed, until the full amount of the judgment is paid.
2-901.Actions on penal bonds.
Article II. Civil Practice · Part 9. Action on Penal Bond · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-901 lets a plaintiff suing on a penal bond allege every breach it can identify, recover damages only for the breaches it proves, and come back later — on ten days' notice — to have the court assess damages for new breaches, with the judgment for the bond's penalty standing as security until fully paid.
Full Text of 735 ILCS 5/2-901
Plain-English Summary
A penal bond promises a fixed sum — the penalty — if the person bound by it fails to perform some underlying obligation. Section 2-901 governs what happens when someone sues on that bond. The plaintiff can allege as many breaches as it thinks fit in a single action, but recovery follows proof: damages are assessed only for the breaches proved, not automatically for the full penalty amount just because a bond names that figure.
What makes this section distinctive is what happens after that first judgment. The judgment for the bond's penalty amount does not close the book — it stands as security for any other breaches that occur later. If the person bound by the bond breaches it again after judgment, the plaintiff can return to court on motion and ten days' notice, and the court will assess damages for that new breach. Each time the court assesses additional damages this way, it enters an order enforcing the judgment for that additional amount, and this can repeat until the full amount of the underlying judgment has been paid.
Frequently Asked Questions
What is a penal bond, and how does an action on one work under Section 2-901?
A penal bond secures performance of an obligation with a fixed penalty sum. Section 2-901 lets a plaintiff sue on the bond and allege as many breaches as it thinks fit, with damages assessed for whichever breaches are proved.
Does a plaintiff automatically recover the full penalty amount of the bond?
No. Damages are assessed only for the breaches that are proved. The penalty amount named in the bond sets a ceiling and stands as security for future breaches, rather than being awarded automatically.
Can a plaintiff come back to court if the defendant breaches the bond again after judgment?
Yes. Section 2-901 lets the plaintiff move, at any time after the earlier judgment, for the court to assess damages for each subsequent breach, up to the amount the underlying judgment for the penalty secures.
How much notice must a plaintiff give before asking the court to assess damages for a new breach?
Ten days' notice, on motion, before the court assesses damages for the additional breach.
What happens once the full amount of the judgment has been paid?
Section 2-901 contemplates a series of orders enforcing the judgment for each additional amount assessed, continuing until the full amount of the judgment is paid, at which point the security the judgment provides has been exhausted.
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: penal bond lawsuit illinoisaction on a bond illinoispenal bond breach of contract damages illinois