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Illinois Compiled Statutes

735 ILCS 5/2-415 (2026)

Appointment of and actions against receivers

✓ current as of May 2026
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(735 ILCS 5/2-415) (from Ch. 110, par. 2-415)
    Sec. 2-415. Appointment of and actions against receivers. (a) Before any receiver shall be appointed the party making the application shall give bond to the adverse party in such penalty as the court may order and with security to be approved by the court conditioned to pay all damages including reasonable attorney's fees sustained by reason of the appointment and acts of such receiver, in case the appointment of such receiver is revoked or set aside. Bond need not be required, when for good cause shown, and upon notice and full hearing, the court is of the opinion that a receiver ought to be appointed without such bond.
    (b) On an application for the appointment of a receiver, the court may, in lieu of appointing a receiver, permit the party in possession to retain such possession upon giving bond with such penalty and with such security and upon such condition as the court may order and approve; and the court may remove a receiver and restore the property to the possession of the party from whom it was taken upon the giving of a like bond.
    (c) Every receiver of any property appointed by any court of this State may be sued in respect of any act or transaction of the receiver in carrying on the business connected with the property, without the previous leave of the court in which the receiver was appointed; but the action shall be subject to the jurisdiction of the court in which the receiver was appointed, so far as the same is necessary to the ends of justice.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 2002–2024 · leading case: Barus v. Siurek, 2021 IL App (2d) 200209-U (Ill. App. Ct. 2021).
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Barus v. Siurek, 2021 IL App (2d) 200209-U (Ill. App. Ct. 2021). “In the initial complaint, Barus sought to have Siurek’s trust dissociated as a member of RSN (see 805 ILCS 180/35-45 (West 2010)), or, alternatively, the appointment of a receiver to resolve the deadlock between the partners (see 735 ILCS 5/2-415 (West 2010)). ¶9 On September…”
In re Marriage of Lum, 2021 IL App (1st) 210981-U (Ill. App. Ct. 2021). · cites it 2× “¶ 27 In support of its argument, Republic Bank cites section 2-415(a) of the Code of Civil Procedure (735 ILCS 5/2-415(a) (West 2020)). Section 2-415(a) provides that before a receiver is appointed, the party seeking the appointment of a receiver must give a bond to the…”
Witters v. Hicks (Ill. App. Ct. 2003). · cites it 2× “Hicks contends that the court's order is improper because on this waiver issue there was neither notice of a hearing nor a full hearing.”
In re The Marriage of Clutts, 2022 IL App (1st) 201120-U (Ill. App. Ct. 2022). “Clutts, through her counsel, filed a petition seeking a temporary restraining order (TRO), preliminary injunction, the “emergency appointment of a receiver” pursuant to section 2-415 of the Code of Civil Procedure (Code) (735 ILCS 5/2-415 (West 2014)), and for the establishment…”
Barus v. Siurek, 2021 IL App (2d) 200210-U (Ill. App. Ct. 2021). “Barus sought to have Siurek’s trust dissociated as a member of RSTW (see 805 ILCS 180/35-45 (West 2010)), or, alternatively, the appointment of a receiver (see 735 ILCS 5/2-415 (West 2010)). ¶7 On September 4, 2012, Barus filed an amended complaint.”
Issa Amer v. Rider, 2024 IL App (1st) 220725-U (Ill. App. Ct. 2024). “Relying on section 2-415(c) of the Code (735 ILCS 5/2-415(c) (West 2020)), Schiff argues that Amer had to file these causes of action in the court that created the receivership, i.”
Witters v. Hicks - Rule 23 Order filed Sept. 4, 2002. Motion to publish granted November 21, 2002. (Ill. App. Ct. 2002). “735 ILCS 5/2-415(a) (West 1998). There is no similar provision providing for the waiver of a bond in section 12.”
— 735 ILCS 5/2-415(a) — 3 cases
In re Marriage of Lum, 2021 IL App (1st) 210981-U (Ill. App. Ct. 2021). “¶ 27 In support of its argument, Republic Bank cites section 2-415(a) of the Code of Civil Procedure (735 ILCS 5/2-415(a) (West 2020)). Section 2-415(a) provides that before a receiver is appointed, the party seeking the appointment of a receiver must give a bond to the…”
Witters v. Hicks (Ill. App. Ct. 2003). “Hicks contends that the court's order is improper because on this waiver issue there was neither notice of a hearing nor a full hearing.”
Witters v. Hicks - Rule 23 Order filed Sept. 4, 2002. Motion to publish granted November 21, 2002. (Ill. App. Ct. 2002). “735 ILCS 5/2-415(a) (West 1998). There is no similar provision providing for the waiver of a bond in section 12.”
— 735 ILCS 5/2-415(c) — 1 case
Issa Amer v. Rider, 2024 IL App (1st) 220725-U (Ill. App. Ct. 2024). “Relying on section 2-415(c) of the Code (735 ILCS 5/2-415(c) (West 2020)), Schiff argues that Amer had to file these causes of action in the court that created the receivership, i.”
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