After the defendant is served with process or appears in the action, the judgment shall have the same force and effect as if served by summons, and the judgment may be enforced, not only against the property distrained, but also against the other property of the defendant. But the property distrained, if the same has not been replevied or released from seizure, shall be first sold.
9-308.Effect of judgment against defendant.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-308 gives a judgment against a served or appearing tenant the same force as an ordinary judgment, enforceable against both the distrained property and the tenant's other property, though the distrained property must be sold first.
Full Text of 735 ILCS 5/9-308
Plain-English Summary
Section 9-308 addresses what a landlord's judgment can reach once the tenant has been served with process or has appeared in the case. In that situation, the judgment carries the same force and effect as if the defendant had been served by ordinary summons — it is not treated as a lesser or more limited judgment because the case began with a distress seizure.
That full-strength judgment reaches beyond the seized goods: it may be enforced not only against the property distrained, but also against the defendant's other property. This is broader than what Section 9-309 allows when the tenant was never served or did not appear, where enforcement stays limited to the distrained property alone.
The statute imposes one sequencing rule on that broader enforcement power. If the distrained property has not been replevied or released from seizure, it must be sold first before the landlord turns to the tenant's other assets. The already-seized property is the first source of payment, not a parallel option.
Frequently Asked Questions
What must happen for a distress judgment to reach the tenant's other property?
The tenant must have been served with process or have appeared in the action. Once that happens, the judgment has the same force as if service had been by ordinary summons.
Can the landlord enforce the judgment against property the tenant owns beyond what was seized?
Yes, once the tenant was served or appeared — Section 9-308 allows enforcement against the defendant's other property as well as the property distrained.
Does the landlord have to sell the distrained property before going after other assets?
Yes, if that property has not been replevied or released from seizure. The statute requires it be sold first.
What if the distrained property was already replevied by the tenant?
The sequencing requirement to sell the distrained property first applies only if it has not been replevied or released from seizure; the statute does not require selling property that is no longer under seizure.
How is this different from a default judgment under Section 9-309?
Section 9-309 limits enforcement to the property distrained when the tenant was never served and did not appear. Section 9-308 allows enforcement against the tenant's other property as well, but only once the tenant was served or appeared.
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: enforcing a distress judgment Illinois9-308 Illinoisselling distrained property first Illinoisjudgment against tenant's other property