Instead of a separate action for the recovery of mesne profits, the plaintiff seeking to recover such damages shall, within one year after the entering of the judgment, file a petition in the ejectment action.
6-133.Petition for damages.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a plaintiff seeking mesne profits after an ejectment judgment to file a petition in the ejectment action within one year of the judgment, instead of bringing a separate lawsuit for those damages.
Full Text of 735 ILCS 5/6-133
Plain-English Summary
Having established in 6-130 that a prevailing ejectment plaintiff may also recover rents and profits, this section supplies the procedure for pursuing that separate recovery. Rather than filing a new, standalone action for mesne profits, the plaintiff pursues that relief within the same case that produced the ejectment judgment.
The mechanism is a petition, filed in the ejectment action itself, seeking the mesne profits the plaintiff is entitled to recover. That petition has a deadline: it must be filed within one year after the entry of the ejectment judgment. A plaintiff who waits beyond that year loses the ability to pursue mesne profits through this route.
This section opens a chain of related provisions that govern the petition procedure: 6-134 treats the petition as functioning like a complaint, 6-135 requires the defendant be served with a copy, and 6-137 and 6-138 address how any factual dispute over the petition gets tried and proved.
Frequently Asked Questions
How does a prevailing plaintiff pursue mesne profits after an ejectment judgment?
By filing a petition in the ejectment action, instead of a separate action for the recovery of mesne profits.
What is the deadline for filing that petition?
Within one year after the entering of the ejectment judgment.
What happens if the plaintiff does not file the petition within that year?
The section conditions this petition procedure on filing within one year, so a plaintiff who misses that deadline cannot use it.
Does the petition start an entirely new lawsuit?
No. It is filed within the existing ejectment action rather than as a separate case.
What happens once the petition is filed?
6-135 requires the defendant to be served with a copy, and later sections govern the pleadings and proof that follow.
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: petition for mesne profits illinois deadlineone year deadline ejectment damages petitionrecovering mesne profits after ejectment judgmentinstead of separate action for mesne profits