(770 ILCS 45/6) (from Ch. 82, par. 45)
Sec. 6.
Liens provided for in this Act may be foreclosed by an action in
the circuit court of any county in the State of Illinois, or they may be
foreclosed by advertisement and sale of the chattel, subject to the
lien, in the following manner: That the person, or claimant, desiring to
foreclose such lien by advertisement and sale, shall deliver to the
sheriff of the county in which such chattel is then situated, a
certified copy of the notice of lien duly certified to by the recorder
of deeds where the same was filed, with the request endorsed thereon,
signed by the claimant, or his or her attorney, for the foreclosure of the
lien. Thereupon the sheriff, upon the claimant giving to him or her a bond as
in cases of replevin, shall take the property described in the notice of
lien into his or her possession, and for such purpose shall have power to enter
any building, garage or other inclosure where the same may be stored or
held, in the same manner as provided by law under an order for replevin,
and shall at the time of such taking, deliver to the person having
possession of such chattel, if such chattel is found in the possession
of any person, and mail postage prepaid to the owner or reputed owner
and to any mortgagee or his or her assignee if known, having a duly
recorded or filed
unpaid chattel mortgage or security interest upon the chattel described
in such lien, a copy
of the lien notice, certified to by the lien claimant or his or her
attorney, together with an itemized bill of particulars of the lien claimant's
demand, also certified to by such lien claimant or his attorneys; the
person or persons claiming to own or to have an interest in the
property, may at any time within 10 days after such service and mailing
of notice herein provided for, deliver to the sheriff a written and
verified denial of any allegation contained in the lien notice or bill
of particulars, and if such denial or any allegation of payment on the
part of any such person, or persons, be so made and served upon the
officer then in possession of the chattel, such officer shall then and
in such case retain the possession of the personal property, subject
only to the order or orders of the Circuit Court having jurisdiction of
the parties, or the subject matter, in a foreclosure action to be
prosecuted by such lien claimant, which foreclosure action
shall be filed
and prosecuted within an additional period of 10 days from the time of
service upon such officer of such denial or allegation of payment. In
such case, if the lien claimant shall fail to commence and prosecute
such foreclosure action within such period of 10
days, the sheriff shall
release the personal property from such levy and deliver the same to the
person or persons having, or claiming, an interest therein. If such
action be commenced within that period of 10 days,
the sheriff shall
retain the property in his or her possession subject to the final judgment of
the court in such action. If the person claiming to own the personal
property, or to have an interest therein, or someone in his or her behalf,
shall not, within the period of 10 days herein provided for, make a
written denial of any allegation contained in the lien notice or bill of
particulars, or allege full or partial payment of the sum demanded by
lien claimant, the sheriff shall advertise the property for sale in the
manner provided by law for the sale of personal property in the enforcement
of a money judgment,
for a period of not less than 10 days, and after giving such notice of
sale, shall sell such chattel at public auction to the highest bidder
for cash, to satisfy such lien, accrued interest, costs of seizure and
filing and recording such lien and certified copies thereof, and
storage; and the proceeds derived from such sale shall be applied to the
payment of costs as herein provided, and the amount of such lien and
accrued interest in the order named, and the overplus, if any there be,
shall be paid to the owner of such chattel; provided, that any person
claiming to own or to have an interest in the personal property, shall,
after making such denial of any material allegation in the lien notice
or bill of particulars, or alleging payment in whole or in part of the
lien claimed, make, execute and cause to be delivered to the sheriff
then having the possession of such chattel, a good and sufficient
undertaking executed by one or more sufficient sureties in the sum of
not less than $100.00, and equal to double the amount of the lien
claimed, undertaking to redeliver such chattel in like order and
condition as it was when seized, to the sheriff upon demand of such
officer in the enforcement of a
judgment, or in lieu thereof
to pay to the lien claimant any judgment which such lien claimant, or
his or her personal representative or assigns may recover against the
defendant, or defendants, in any foreclosure action that may be brought to
foreclose such lien within the period above mentioned, and further
conditioned in the bond, any attorney of the court, shall thereby be
authorized irrevocably to appear for the principal or surety, jointly or
severally at any time thereafter, and enter the appearance of the
principal or surety in any foreclosure action relating to the property
then pending or thereafter to be commenced, without process, as a party
defendant, then the sheriff shall deliver the personal property to the
person, or persons, executing the undertaking. The sheriff shall pass
upon the sufficiency of such undertaking and the sureties thereon;
providing, that the circuit court having jurisdiction in any foreclosure
action shall at the time of entering judgment of
foreclosure,
enter an alternative judgment directing the principal and surety to
forthwith surrender the chattel to the sheriff to be dealt with in
accordance with the terms of the judgment or in lieu thereof, to pay to
the lien claimant the amount of the judgment; and provided further, that
the judgment shall thereupon be entered against the
principal and surety; provided, further, that any defendant may, in lieu
of the bond of surety above provided for, deposit with the sheriff a sum
of money equal to the amount of claimant's lien, together with an
additional sum of $50, the moneys to be held in lieu of such bond and
from which sums claimant's judgment may be paid.
(Source: P.A. 83-1362.)
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