Illinois Compiled Statutes
735 ILCS 5/12-204 (2026)
Trial and judgment
✓ current as of May 2026
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(735 ILCS 5/12-204)
(from Ch. 110, par. 12-204)
Sec. 12-204.
Trial and judgment.
The court or the jury shall determine
the rights of the parties and the court shall enter judgment accordingly,
and the court shall direct the sheriff or coroner as to the disposition
of the property in the possession of the sheriff or coroner. In case the
property appears to belong to the claimant, when
the claimant is any person other than the judgment debtor or the defendant
in the attachment, or in case the property is found to be exempt from enforcement
of a judgment thereon
or attachment, when the claimant is the judgment debtor or the defendant
in the attachment, judgment shall be entered against the judgment creditor
or plaintiff in the
attachment for the costs, and the property levied on shall
be released, and in case it further appears that such claimant is
entitled to the immediate possession of such property, the court shall
order that such property be delivered to such claimant. If it
appears that the property does not belong to the claimant, or is not
exempt from the enforcement of a judgment thereon or attachment, as the
case may be, judgment shall
be entered against the claimant for costs, and an order shall be entered
that the sheriff or coroner proceed to sell the property levied on. The
judgment in such cases shall be a complete indemnity to the sheriff or coroner
in selling or restoring any such property, as the case may be.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 3
cases, 2013–2014 · leading case: Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013).
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013). “-615 of the Code of Civil Procedure (a provision which has nothing to do with genuine issues of material fact); (c) there are applicable “exceptions” under section 15-1506 of the Foreclosure Law, a provision which sets forth the evidence required to obtain a foreclosure…”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2014). “-615 of the Code of Civil Procedure (a provision which has nothing to do with genuine issues of material fact); (c) there are applicable “exceptions” under section 15-1506 of the Foreclosure Law, a provision which sets forth the evidence required to obtain a foreclosure…”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2014). “-615 of the Code of Civil Procedure (a provision which has nothing to do with genuine issues of material fact); (c) there are applicable “exceptions” under section 15-1506 of the Foreclosure Law, a provision which sets forth the evidence required to obtain a foreclosure…”
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