ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/18-107 (2026)

Seeking wrong remedy not fatal

✓ current as of May 2026
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(735 ILCS 5/18-107) (from Ch. 110, par. 18-107)
    Sec. 18-107. Seeking wrong remedy not fatal. Where relief is sought under Article XVIII of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: People v. Timmons, 2025 IL App (1st) 240067-U (Ill. App. Ct. 2025).
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People v. Timmons, 2025 IL App (1st) 240067-U (Ill. App. Ct. 2025). “¶ 59 On June 14, 2013, defendant filed a “First Amended Petition for Relief From Void Judgment” pursuant to sections 2-1401(f) and 18-107 of the Code (735 ILCS 5/18-107 (West 2012) (“Seeking wrong remedy not fatal.”
Hicks v. Randolph, 2026 IL App (5th) 250694-U (Ill. App. Ct. 2026). “¶ 18 On January 22, 2025, the circuit court issued an order that first addressed the requirements for a replevin action, citing section 18-107 of the Code of Civil Procedure (735 ILCS 5/18-107 (West 2024)). The order then addressed the evidence and noted that neither the realtor…”
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