ILCS » Chapter 725 · Act 150
Illinois Compiled Statutes

725 ILCS 150/6 (2026)

Non-judicial forfeiture

✓ current as of May 2026
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(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
    Sec. 6. Non-judicial forfeiture. If non-real property that exceeds $150,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in Section 9 of this Act within 28 days from receipt of notice of seizure from the seizing agency under Section 5 of this Act. However, if non-real property that does not exceed $150,000 in value excluding the value of any conveyance is seized, the following procedure shall be used:
        (A) If, after review of the facts surrounding the
    
seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then, within 28 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with Section 4 of this Act.
        (B) The notice of pending forfeiture must include a
    
description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.
         (C)(1) Any person claiming an interest in property
    
which is the subject of notice under subsection (A) of this Section may, within 45 days after the effective date of notice as described in Section 4 of this Act, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:
            (i) the caption of the proceedings as set forth
        
on the notice of pending forfeiture and the name of the claimant;
            (ii) the address at which the claimant will
        
accept mail;
            (iii) the nature and extent of the claimant's
        
interest in the property;
            (iv) the date, identity of the transferor, and
        
circumstances of the claimant's acquisition of the interest in the property;
            (v) the names and addresses of all other persons
        
known to have an interest in the property;
            (vi) the specific provision of law relied on in
        
asserting the property is not subject to forfeiture;
            (vii) all essential facts supporting each
        
assertion; and
            (viii) the relief sought.
        (2) If a claimant files the claim then the State's
    
Attorney shall institute judicial in rem forfeiture proceedings within 28 days after receipt of the claim.
        (D) If no claim is filed within the 45-day period as
    
described in subsection (C) of this Section, the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of the Illinois State Police of the declaration of forfeiture and the Director or the Director's designee shall dispose of the property in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)

    
Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1994–2025 · 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 8× “725 ILCS 150/6 (West 2000). Where the value of non-real property exceeds $20,000, the State shall "institute judicial in rem forfeiture proceedings" in accordance with section 9 of the Act.”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). · cites it 15× “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. Four Thousand Eight Hundred Fifty Dollars, 2011 IL App (4th) 100528 (Ill. App. Ct. 2011). · cites it 11× “725 ILCS 150/6(A) (West 2006). The owner then has 45 days after receiving notice from the State’s Attorney to file a verified claim and a cost bond (or an indigency affidavit) with the State’s Attorney’s office.”
People v. $1,124,905 U.S. Currency, 685 N.E.2d 1370 (Ill. 1997). · cites it 4× “725 ILCS 150/6 (West 1992). If, however, the value of the seized property exceeds $20,000, as in this case, the State "shall institute judicial in rem forfeiture proceedings" in accordance with section 9 of the Forfeiture Act.”
People v. One Thousand Two Hundred Forty Dollars ($1,240), 396 Ill. App. 3d 665 (Ill. App. Ct. 2009). · cites it 11× “” The State’s motion did not fault Deviner for failing to file a cost bond or an indigency affidavit as required by section 6(C)(2) of the Act (725 ILCS 150/6(0(2) (West 2006)). B. Case No.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). · cites it 12× “725 ILCS 150/6 (West 2012). In such a case, if the State's Attorney is of the opinion that the seized property is subject to forfeiture, "then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). · cites it 11× “725 ILCS 150/6 (West 2012). In such a case, if the State’s Attorney is of the opinion that the seized property is subject to forfeiture, “then within 45 days of the receipt of notice of seizure from the seizing agency, the State’s Attorney shall cause notice of pending…”
People v. $280,020 United States Currency, 866 N.E.2d 1232 (Ill. App. Ct. 2007). · cites it 2× “Complaints in forfeiture ought to identify through some means the ‘misconduct giving rise to the forfeiture’ (725 ILCS 150/6) through some notion of who, what, where, how and/or when the misconduct occurred — or even the alleged identification of the drug or drugs — or perhaps…”
People v. Towns, 646 N.E.2d 1366 (Ill. App. Ct. 1995). · cites it 3× “The State sought forfeiture of $411 in cash that was seized from Towns at the time of his arrest. Towns did not file a claim to the money, and it was ordered forfeited nonjudicially under section 6 of the Forfeiture Act (725 ILCS 150/6 (West 1992)).”
People v. One 1984 Pontiac Parisienne Sedan, 754 N.E.2d 358 (Ill. App. Ct. 2001). · cites it 3× “After the notice of the impending forfeiture takes effect, a claimant has 45 days to file a verified claim and deposit a cost bond (725 ILCS 150/6(0(1), (C)(2) (West 1998)).”
People v. Delatorre, 666 N.E.2d 33 (Ill. App. Ct. 1996). · cites it 4× “Both notices stated that "forfeiture proceedings are now pending" against the respective property and that, "as an owner or interest holder in the above property," the defendants' respective interests in the property may be "forfeited," unless a verified claim for the return of…”
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). · cites it 2× “JUSTICE O’MALLEY delivered the opinion of the court: The State declared a nonjudicial forfeiture of property pursuant to section 6 of the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/6 (West 1998)). Petitioner, Darrel W Barker (whose name also appears in the record as…”
Show all 30 citing cases →
— 725 ILCS 150/6(A) — 15 cases
People v. Four Thousand Eight Hundred Fifty Dollars, 2011 IL App (4th) 100528 (Ill. App. Ct. 2011). “725 ILCS 150/6(A) (West 2006). The owner then has 45 days after receiving notice from the State’s Attorney to file a verified claim and a cost bond (or an indigency affidavit) with the State’s Attorney’s office.”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. One 1984 Pontiac Parisienne Sedan, 754 N.E.2d 358 (Ill. App. Ct. 2001). “After the notice of the impending forfeiture takes effect, a claimant has 45 days to file a verified claim and deposit a cost bond (725 ILCS 150/6(0(1), (C)(2) (West 1998)).”
People v. $5,608 United States Currency, 835 N.E.2d 920 (Ill. App. Ct. 2005).
People v. $9,290 in United States Currency, 865 N.E.2d 270 (Ill. App. Ct. 2007).
— 725 ILCS 150/6(B) — 5 cases
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. One Thousand Two Hundred Forty Dollars ($1,240), 396 Ill. App. 3d 665 (Ill. App. Ct. 2009). “” The State’s motion did not fault Deviner for failing to file a cost bond or an indigency affidavit as required by section 6(C)(2) of the Act (725 ILCS 150/6(0(2) (West 2006)). B. Case No.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State’s Attorney is of the opinion that the seized property is subject to forfeiture, “then within 45 days of the receipt of notice of seizure from the seizing agency, the State’s Attorney shall cause notice of pending…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State's Attorney is of the opinion that the seized property is subject to forfeiture, "then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending…”
People v. ($1,240) Us Currency, 918 N.E.2d 1072 (Ill. App. Ct. 2009).
— 725 ILCS 150/6(C) — 9 cases
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. Delatorre, 666 N.E.2d 33 (Ill. App. Ct. 1996). “Both notices stated that "forfeiture proceedings are now pending" against the respective property and that, "as an owner or interest holder in the above property," the defendants' respective interests in the property may be "forfeited," unless a verified claim for the return of…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State’s Attorney is of the opinion that the seized property is subject to forfeiture, “then within 45 days of the receipt of notice of seizure from the seizing agency, the State’s Attorney shall cause notice of pending…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State's Attorney is of the opinion that the seized property is subject to forfeiture, "then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending…”
People v. Delatorre, 666 N.E.2d 33 (Ill. App. Ct. 1996).
— 725 ILCS 150/6(C)(1) — 16 cases
People Ex Rel. Devine v. $30,700.00 United States Currency, 766 N.E.2d 1084 (Ill. 2002). “725 ILCS 150/6 (West 2000). Where the value of non-real property exceeds $20,000, the State shall "institute judicial in rem forfeiture proceedings" in accordance with section 9 of the Act.”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. Delatorre, 666 N.E.2d 33 (Ill. App. Ct. 1996). “Both notices stated that "forfeiture proceedings are now pending" against the respective property and that, "as an owner or interest holder in the above property," the defendants' respective interests in the property may be "forfeited," unless a verified claim for the return of…”
People v. Four Thousand Eight Hundred Fifty Dollars, 2011 IL App (4th) 100528 (Ill. App. Ct. 2011). “725 ILCS 150/6(A) (West 2006). The owner then has 45 days after receiving notice from the State’s Attorney to file a verified claim and a cost bond (or an indigency affidavit) with the State’s Attorney’s office.”
In Re Forfeiture of $2,354.00 US Currency, 760 N.E.2d 565 (Ill. App. Ct. 2001). “JUSTICE O’MALLEY delivered the opinion of the court: The State declared a nonjudicial forfeiture of property pursuant to section 6 of the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/6 (West 1998)). Petitioner, Darrel W Barker (whose name also appears in the record as…”
— 725 ILCS 150/6(C)(1)(i) — 2 cases
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. $5786 United States Currency, 2024 IL App (2d) 230107-U (Ill. App. Ct. 2024).
— 725 ILCS 150/6(C)(2) — 8 cases
People v. Four Thousand Eight Hundred Fifty Dollars, 2011 IL App (4th) 100528 (Ill. App. Ct. 2011). “725 ILCS 150/6(A) (West 2006). The owner then has 45 days after receiving notice from the State’s Attorney to file a verified claim and a cost bond (or an indigency affidavit) with the State’s Attorney’s office.”
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State’s Attorney is of the opinion that the seized property is subject to forfeiture, “then within 45 days of the receipt of notice of seizure from the seizing agency, the State’s Attorney shall cause notice of pending…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State's Attorney is of the opinion that the seized property is subject to forfeiture, "then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending…”
Jones v. Takaki, 38 F.3d 321 (7th Cir. 1994).
— 725 ILCS 150/6(D) — 7 cases
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “” 725 ILCS 150/6 (West 2020). But for personal property that does not exceed $150,000 in value, section 6 of the Forfeiture Act mandates nonjudicial forfeiture proceedings.”
People v. One Thousand Two Hundred Forty Dollars ($1,240), 396 Ill. App. 3d 665 (Ill. App. Ct. 2009). “” The State’s motion did not fault Deviner for failing to file a cost bond or an indigency affidavit as required by section 6(C)(2) of the Act (725 ILCS 150/6(0(2) (West 2006)). B. Case No.”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State’s Attorney is of the opinion that the seized property is subject to forfeiture, “then within 45 days of the receipt of notice of seizure from the seizing agency, the State’s Attorney shall cause notice of pending…”
People v. Sixteen Thousand Five Hundred Dollars ($16,500) United States Currency, 2014 IL App (5th) 130075 (Ill. App. Ct. 2014). “725 ILCS 150/6 (West 2012). In such a case, if the State's Attorney is of the opinion that the seized property is subject to forfeiture, "then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending…”
People v. $5786 United States Currency, 2024 IL App (2d) 230107-U (Ill. App. Ct. 2024).
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