When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him or her for rent at the time of issuing the distress warrant, and enforcement may be had against the property distrained, but no enforcement may be had against any other property of the defendant.
9-309.Judgment by default.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-309 lets a landlord obtain a default judgment for rent due at the time the distress warrant issued when the tenant was only notified by publication and never served or appeared, but limits enforcement to the property already distrained.
Full Text of 735 ILCS 5/9-309
Plain-English Summary
Section 9-309 covers the case where notice went out by publication under Section 9-304 because the tenant could not be reached, but the tenant still was not served with process and never appeared. Even then, the landlord is not left without a remedy: a judgment by default may be entered.
That default judgment lets the plaintiff recover the amount due for rent as of the time the distress warrant issued — not later-accruing rent, but the sum owed when the warrant was issued.
The tradeoff for proceeding without personal service is a narrower judgment. Enforcement may reach the property that was distrained, but the statute expressly bars enforcement against any other property of the defendant. This mirrors the broader rule in Section 9-308, which opens up the tenant's other property only once the tenant has been served or has appeared.
Frequently Asked Questions
When can a landlord get a default judgment in a distress action?
When notice was given by publication because the tenant could not be reached, and the tenant was not served with process and did not appear in the case.
How much can a landlord recover through a default judgment under Section 9-309?
The amount due for rent as of the time the distress warrant issued.
Can a default judgment under this section be enforced against the tenant's other property?
No. The statute limits enforcement to the property that was distrained and bars enforcement against any other property of the defendant.
Why is enforcement narrower here than under Section 9-308?
Because the tenant was never served with process and did not appear. Section 9-308's broader enforcement against a defendant's other property applies only once the tenant was served or appeared.
What notice must have occurred before a default judgment can be entered?
Publication of notice as provided by law, following the procedure Section 9-304 sets out for tenants who are nonresidents, have left the state, cannot be found, or are concealed.
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: default judgment distress for rent Illinois9-309 Illinoistenant not served distress warrantenforcing distress judgment against seized property only