(a) Form of Notice. A notice for an order of replevin (see 735 ILCS 5/19-105) shall be prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article II Forms Appendix.
Rule 107.Notice of Hearing for an Order of Replevin
Article II. Rules on Civil Proceedings in the Trial Court · Part A. Process and Notice · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 107 sets the form and timing for notifying a defendant of a hearing on a replevin order before their property can be seized.
Full Text of Ill. S. Ct. R. 107
(b) Service. Notice of the hearing shall be served not less than five days prior to the hearing in accordance with sections 2-202 through 2-205 of the Code of Civil Procedure, or by mail in the manner prescribed in Rule 284.
Effective September 1, 1974; amended May 28, 1982, effective July 1, 1982; amended October 30, 1992, effective November 15, 1992; amended May 30, 2008, effective immediately; amended Dec. 9, 2015, eff. Jan. 1, 2016; amended Dec. 29, 2017, eff. Jan. 1, 2018.
Plain-English Summary
Replevin lets someone recover personal property they claim was wrongfully taken or held. Because that remedy can strip a defendant of possession before the underlying dispute is fully resolved, Rule 107 requires a hearing before a court issues the order, and it governs the notice for that hearing.
The notice must follow a form set out in the Article II Forms Appendix, and it has to be served at least five days before the hearing, using the same methods available for serving a summons or by mail under Rule 284.
Frequently Asked Questions
What is a replevin order?
It is a court order allowing someone to recover personal property they claim is being wrongfully held by another person, issued after a hearing rather than automatically.
How much notice does a defendant get before a replevin hearing?
At least five days before the hearing date.
Can the notice of a replevin hearing be sent by mail?
Yes, either through the standard methods used to serve a summons or by mail under the procedure in Rule 284.
Why does replevin require a hearing before the order issues?
Courts require advance notice and a hearing to satisfy due process before someone can be deprived of possession of their property, a principle the U.S. Supreme Court addressed in a case involving a similar seizure remedy.
Is there a required form for a replevin notice?
Yes. Rule 107(a) requires the notice to use, or substantially follow, the form provided in the Article II Forms Appendix.
Committee Comments
In 1973, the Illinois Replevin Act (Ill. Rev. Stat. 1973, ch. 119) was amended to provide for a notice and hearing prior to the issuance of the writ in conformity with the decision of the United States Supreme Court in Fuentes v. Shevin (1972), 407 U.S. 67. Section 4(a) of the statute, as amended, provides that five days’ notice of a hearing on the question of the issuance of a writ of replevin be given “in the manner required by Rule of the Supreme Court.” Rule 107 provides the form and manner of service of such notice.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: replevin notice illinoisrecovery of personal property hearingwrit of replevinnotice of replevin hearingseizing property before trial