Illinois General Assembly - Illinois Compiled Statutes

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35 ILCS 120/5d

(35 ILCS 120/5d) (from Ch. 120, par. 444d)

Sec. 5d.

The Department is not required to furnish any bond nor to
make a deposit for or pay any costs or fees of any court or officer thereof
in any judicial proceedings under this Act. Whenever a
certified copy of a judgment or order for attachment, issued from any
court for the enforcement or collection of any liability created by this
Act, is levied by any sheriff or coroner upon any personal property, and
such property is claimed by any person other than the
judgment debtor or the defendant in the attachment, or is
claimed by the judgment debtor or defendant in the attachment as exempt
from enforcement of a judgment thereon by virtue of the
exemption laws of this State, then the person making such claim shall give
notice in writing of his or her claim and of his or her intention to prosecute
the claim, to the sheriff or coroner within 10 days after the making of the
levy. On receiving such notice, the sheriff or coroner shall proceed in
accordance with Part 2 of Article XII of the Code of Civil Procedure, as
amended. The giving of such notice within the 10 day period is a condition precedent
to any judicial action against the sheriff or coroner for wrongfully
levying, seizing or selling the property and any such person who fails to
give such notice within that time is barred from bringing any judicial
action against such sheriff or coroner for injury or damages to or
conversion of the property.

(Source: P.A. 83-1362.)