Illinois Compiled Statutes
735 ILCS 5/19-109 (2026)
Order
✓ current as of May 2026
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(735 ILCS 5/19-109)
(from Ch. 110, par. 19-109)
Sec. 19-109.
Order.
The order for replevin shall
require the sheriff, or other officer to
whom it is directed to take the property, describing it as in the
complaint, from the possession of the defendant, and deliver the same to
the plaintiff unless such defendant executes a bond and security as
hereinafter provided, and to summon the defendant to answer the
complaint or otherwise appear in the action, or in case the property
or any part thereof is
not found and delivered to the sheriff or other officer, to answer to the
plaintiff for the value of the same. The order for replevin may be served
as a summons for a trial on the merits of the case by any person
authorized to serve summons.
(Source: P.A. 83-707.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2007–2025 · leading case: Advance Iron Works, Inc. v. Contegra Constr. Co., LLC, 2025 IL App (1st) 191525-U (Ill. App. Ct. 2025).
Advance Iron Works, Inc. v. Contegra Constr. Co., LLC, 2025 IL App (1st) 191525-U (Ill. App. Ct. 2025). “” 735 ILCS 5/19-109 (West 2012). ¶ 118 Here, the November 16, 2012, replevin order entered by the court in the replevin action authorized the Cook County Sheriff’s Office to take the materials from AIW’s yard.”
Gen. Motors Aceptance Corp. v. Stoval (Ill. App. Ct. 2007). “” 735 ILCS 5/19-109 (West 2002). Section 19-123 then provides that “[i]f the plaintiff in an action of replevin fails to prosecute the action with effect, or allows a voluntary or involuntary dismissal, or if the right of property is adjudged against the plaintiff, judgment…”
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