ILCS » Chapter 725 · Act 150
Illinois Compiled Statutes

725 ILCS 150/4 (2026)

Notice to owner or interest holder

✓ current as of May 2026
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(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
    Sec. 4. Notice to owner or interest holder. The first attempted service of notice shall be commenced within 28 days of the filing of the verified claim or the receipt of the notice from the seizing agency by Illinois State Police Notice/Inventory of Seized Property (Form 4-64), whichever occurs sooner. A complaint for forfeiture or a notice of pending forfeiture shall be served upon the property owner or interest holder in the following manner:
        (1) If the owner's or interest holder's name and
    
current address are known, then by either:
            (A) personal service; or
            (B) mailing a copy of the notice by certified
        
mail, return receipt requested, and first class mail to that address.
                (i) If notice is sent by certified mail and
            
no signed return receipt is received by the State's Attorney within 28 days of mailing, and no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by said parties, then the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address.
                (ii) If no signed return receipt is received
            
by the State's Attorney within 28 days of the second attempt at service by certified mail, and no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by said parties, then the State's Attorney shall have 60 days to attempt to serve the notice by personal service, which also includes substitute service by leaving a copy at the usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, then the notice shall be posted in a conspicuous manner at this address and service shall be made by posting.
                The attempts at service and the posting, if
            
required, shall be documented by the person attempting service and said documentation shall be made part of a return of service returned to the State's Attorney.
                The State's Attorney may utilize any Sheriff
            
or Deputy Sheriff, any peace officer, a private process server or investigator, or any employee, agent, or investigator of the State's Attorney's Office to attempt service without seeking leave of court.
                After the procedures set forth are followed,
            
service shall be effective on an owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service under subparagraph (ii) above. If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit providing details of the communication, which may be accepted as sufficient proof of service by the court.
                After a claimant files a verified claim with
            
the State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be perfected upon mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received, or any other attempts at service need be made to comply with service and notice requirements under this Act. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant.
                For purposes of notice under this Section, if
            
a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address; or if the property seized is a conveyance, to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded.
        (2) If the owner's or interest holder's address is
    
not known, and is not on record, then notice shall be served by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
        (3) After a claimant files a verified claim with the
    
State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be perfected upon mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received or any other attempts at service need be made to comply with service and notice requirements under this Act. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant.
        (4) Notice to any business entity, corporation,
    
limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt.
        (5) Notice to a person whose address is not within
    
the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt.
        (6) Notice to a person whose address is not within
    
the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice shall be complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, then notice shall proceed by publication under paragraph (2) of this Section.
        (7) Notice to any person whom the State's Attorney
    
reasonably should know is incarcerated within the State shall also include the mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1995–2022 · leading case: People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002).
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People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). · cites it 24× “725 ILCS 150/4 (West 2000). The method of service depends upon the State's knowledge of the identity and location of the claimant at the time of service.”
People ex rel. Alvarez v. $59,914 United States Currency, 2022 IL 126927 (Ill. 2022). · cites it 3× “XIV), and (3) section 4 of the Forfeiture Act (725 ILCS 150/4 (West 2014)). Moreover, the State’s failure to provide him with notice violated his due process rights, prevented the circuit court from exercising in rem jurisdiction, and rendered the forfeiture judgment void.”
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). · cites it 3× “See 725 ILCS 150/4(1) (West 1998). The statute is silent as to the consequences to an owner for the failure to notify the State of a change of address.”
People Ex Rel. Devine v. $30,700.00 United States Currency, 736 N.E.2d 137 (Ill. App. Ct. 2000). · cites it 3× “The State further argued that written notice is effective when mailed, not when received, and therefore the State satisfied the statutory notice requirements of sections 4(A)(1) and 4(B) of the Drug Asset Forfeiture Act (725 ILCS 150/4(A)(1), (B) (West 1998)). On March 29, 1999,…”
Rodriguez v. Brady, 2017 IL App (3d) 160439 (Ill. App. Ct. 2017). · cites it 4× “725 ILCS 150/4 (West 2008). The section provides in part: “(A) Whenever notice of pending forfeiture or service of an in rem complaint is required under the provisions of this Act, such notice or service shall be given as follows: (1) If the owner’s or interest holder’s name and…”
Maggio v. The Pollution Control Bd., 2014 IL App (2d) 130260 (Ill. App. Ct. 2014). · cites it 2× “2d at 150 (quoting 725 ILCS 150/4(A)(1) (West 2000)). The Drug Forfeiture Act further stated, “ ‘Notice served under this Act is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.”
People v. $1,124,905.00 United States Currency, 647 N.E.2d 1028 (Ill. App. Ct. 1995). “(725 ILCS 150/4 (West 1992).) At the forfeiture hearing, the State must establish probable cause the property is forfeitable.”
People v. One Thousand Two Hundred Forty Dollars ($1,240), 396 Ill. App. 3d 665 (Ill. App. Ct. 2009). “Notice is effective upon, inter alia, mailing of the written notice of pending forfeiture (725 ILCS 150/4(B) (West 2006)), which must include details describing the property, circumstances of the seizure, and a summary of applicable procedures and procedural rights (725 ILCS…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). · cites it 2× “See 725 ILCS 150/4, 6 (West 2012). The petitioners requested that the circuit court vacate the State's declaration of forfeiture.”
Rodriguez v. Brady, 2017 IL App (3d) 160439 (Ill. App. Ct. 2017). · cites it 2× “725 ILCS 150/4 (West 2008). The section provides in part: “(A) Whenever notice of pending forfeiture or service of an in rem complaint is required under the provisions of this Act, such notice or service shall be given as follows: (1) If the owner’s or interest holder’s name and…”
People ex rel. Alvarez v. $59,914 United States Currency, 2020 IL App (1st) 190922-U (Ill. App. Ct. 2020). · cites it 4× “Under the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/4 (West 2014)), an “owner or interest holder” of the seized money is entitled to notice of pending forfeiture.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “See 725 ILCS 150/4, 6 (West 2012). The petitioners argue that they were entitled to such notice as “interest holders” of the property and that the State’s lack of proper notice violated their due process rights and rendered the State’s forfeiture void.”
Show all 18 citing cases →
— 725 ILCS 150/4(1) — 2 cases
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). “See 725 ILCS 150/4(1) (West 1998). The statute is silent as to the consequences to an owner for the failure to notify the State of a change of address.”
In re Forfeiture of $2,354.00 United State Currency (Ill. App. Ct. 2001).
— 725 ILCS 150/4(2) — 1 case
People ex rel. Alvarez v. $59,914 United States Currency, 2020 IL App (1st) 190922-U (Ill. App. Ct. 2020). “Under the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/4 (West 2014)), an “owner or interest holder” of the seized money is entitled to notice of pending forfeiture.”
— 725 ILCS 150/4(A) — 2 cases
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). “See 725 ILCS 150/4(1) (West 1998). The statute is silent as to the consequences to an owner for the failure to notify the State of a change of address.”
In re Forfeiture of $2,354.00 United State Currency (Ill. App. Ct. 2001).
— 725 ILCS 150/4(A)(1) — 7 cases
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). “725 ILCS 150/4 (West 2000). The method of service depends upon the State's knowledge of the identity and location of the claimant at the time of service.”
People Ex Rel. Devine v. $30,700.00 United States Currency, 736 N.E.2d 137 (Ill. App. Ct. 2000). “The State further argued that written notice is effective when mailed, not when received, and therefore the State satisfied the statutory notice requirements of sections 4(A)(1) and 4(B) of the Drug Asset Forfeiture Act (725 ILCS 150/4(A)(1), (B) (West 1998)). On March 29, 1999,…”
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). “See 725 ILCS 150/4(1) (West 1998). The statute is silent as to the consequences to an owner for the failure to notify the State of a change of address.”
Rodriguez v. Brady, 2017 IL App (3d) 160439 (Ill. App. Ct. 2017). “725 ILCS 150/4 (West 2008). The section provides in part: “(A) Whenever notice of pending forfeiture or service of an in rem complaint is required under the provisions of this Act, such notice or service shall be given as follows: (1) If the owner’s or interest holder’s name and…”
Maggio v. The Pollution Control Bd., 2014 IL App (2d) 130260 (Ill. App. Ct. 2014). “2d at 150 (quoting 725 ILCS 150/4(A)(1) (West 2000)). The Drug Forfeiture Act further stated, “ ‘Notice served under this Act is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.”
— 725 ILCS 150/4(A)(2) — 1 case
Maggio v. The Pollution Control Bd., 2014 IL App (2d) 130260 (Ill. App. Ct. 2014). “2d at 150 (quoting 725 ILCS 150/4(A)(1) (West 2000)). The Drug Forfeiture Act further stated, “ ‘Notice served under this Act is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.”
— 725 ILCS 150/4(A)(3) — 2 cases
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). “725 ILCS 150/4 (West 2000). The method of service depends upon the State's knowledge of the identity and location of the claimant at the time of service.”
People ex rel. Devine (Ill. 2002).
— 725 ILCS 150/4(B) — 8 cases
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). “725 ILCS 150/4 (West 2000). The method of service depends upon the State's knowledge of the identity and location of the claimant at the time of service.”
People Ex Rel. Devine v. $30,700.00 United States Currency, 736 N.E.2d 137 (Ill. App. Ct. 2000). “The State further argued that written notice is effective when mailed, not when received, and therefore the State satisfied the statutory notice requirements of sections 4(A)(1) and 4(B) of the Drug Asset Forfeiture Act (725 ILCS 150/4(A)(1), (B) (West 1998)). On March 29, 1999,…”
People v. One Thousand Two Hundred Forty Dollars ($1,240), 396 Ill. App. 3d 665 (Ill. App. Ct. 2009). “Notice is effective upon, inter alia, mailing of the written notice of pending forfeiture (725 ILCS 150/4(B) (West 2006)), which must include details describing the property, circumstances of the seizure, and a summary of applicable procedures and procedural rights (725 ILCS…”
Rodriguez v. Brady, 2017 IL App (3d) 160439 (Ill. App. Ct. 2017). “725 ILCS 150/4 (West 2008). The section provides in part: “(A) Whenever notice of pending forfeiture or service of an in rem complaint is required under the provisions of this Act, such notice or service shall be given as follows: (1) If the owner’s or interest holder’s name and…”
Rodriguez v. Brady, 2017 IL App (3d) 160439 (Ill. App. Ct. 2017). “725 ILCS 150/4 (West 2008). The section provides in part: “(A) Whenever notice of pending forfeiture or service of an in rem complaint is required under the provisions of this Act, such notice or service shall be given as follows: (1) If the owner’s or interest holder’s name and…”
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