Illinois Compiled Statutes
735 ILCS 5/12-1005 (2026)
Liability for seizing exempt property
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(735 ILCS 5/12-1005)
(from Ch. 110, par. 12-1005)
Sec. 12-1005.
Liability for seizing exempt property.
If any officer by
virtue of any judgment or process,
or any other person by any right of distress takes or seizes any of
the articles of property exempted from levy and sale, as provided in Part
10 of Article XII of this Act,
such officer or person shall be liable in a civil action to the party damaged for double
the value of the property so illegally taken or seized
and costs of the action.
(Source: P.A. 83-707.)
Notes of Decisions
Cited in 2
cases, 2015–2015 · leading case: PNC Bank, N.A. v. Hoffmann, 2015 IL App (2d) 141172.
PNC Bank, N.A. v. Hoffmann, 2015 IL App (2d) 141172. “Hoffmann then sought damages under section 12-1005 of the Code of Civil Procedure (Code) (735 ILCS 5/12-1005 (West 2012)), which allows for damages when a judgment creditor seizes exempt property.”
PNC Bank, N.A. v. Hoffmann, 2015 IL App (2d) 141172, 36 N.E.3d 971. “Hoffmann then sought damages under section 12-1005 of the Code of Civil Procedure (Code) (735 ILCS 5/12-1005 (West 2012)), which allows for damages when a judgment creditor seizes exempt property.”
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