Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

735 ILCS 5/19-120

(735 ILCS 5/19-120) (from Ch. 110, par. 19-120)

Sec. 19-120.

When property not found.

When the property or any part
thereof is not found or
delivered as above stated, and the defendant is summoned or enters his or her
appearance, the plaintiff may proceed, under the original or amended
complaint, as in an action for the wrongful taking and detention of such
property or so much thereof as is not found and delivered to the sheriff
or other officer, and as to the property not found and delivered, the
plaintiff, if he or she recovers, shall be entitled to judgment for the
value thereof or his or her interest therein, and such damages as he or she has
sustained by reason of the wrongful taking and detention.

(Source: P.A. 82-280.)

735 ILCS 5/19-121

(735 ILCS 5/19-121) (from Ch. 110, par. 19-121)

Sec. 19-121.

Distress for rent.

It shall be sufficient for the defendant,
in all cases of
replevin for distress taken for rent, to allege generally without
particularly setting forth the tenure or title to the lands whereon such
distress was taken.

(Source: P.A. 82-280.)

735 ILCS 5/19-122

(735 ILCS 5/19-122) (from Ch. 110, par. 19-122)

Sec. 19-122.

Seeking wrong remedy not fatal.

Where relief is sought
under  Article XIX 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 the 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.)

735 ILCS 5/19-123

(735 ILCS 5/19-123) (from Ch. 110, par. 19-123)

Sec. 19-123. Judgment against plaintiff.

If the plaintiff in an action
of replevin obtains an order for replevin and the right of property is adjudged against the plaintiff, judgment shall be entered
for a return of the property if such property has been delivered
to the plaintiff, and damages for the use thereof from the time it was
taken until a return thereof is made, unless the plaintiff shall,
in the meantime, have become entitled to the possession of the property,
in which event judgment may be entered against the plaintiff for costs and
such damage as the
defendant has sustained; or if the property was held for the
payment of any money, the judgment may be in the alternative that the
plaintiff pay the amount for which the same was rightfully held, with
proper damages, within a given time, or make return of the property in
case such property was delivered to the plaintiff.

(Source: P.A. 95-661, eff. 1-1-08.)

735 ILCS 5/19-124

(735 ILCS 5/19-124) (from Ch. 110, par. 19-124)

Sec. 19-124.

Intervention.

In replevin cases pending in circuit courts, any person
other than the defendant claiming the property replevied may intervene,
verifying the petition by affidavit. The court shall direct a trial of
the right of property as in other cases and in case judgment is rendered
for the intervening party and it is further found that such party is
entitled to the possession of all or any part of the property, judgment
shall be entered accordingly and the property to which the claimant is
entitled ordered to be delivered to such claimant together with payment of
the claimant's costs.
In case judgment is entered for the claimant, although he or she is not then
entitled to possession of the property, he or she shall be entitled to his
or her costs. In case judgment is entered for the plaintiff, the plaintiff shall be
entitled to recover the plaintiff's costs from the claimant. If the claimant is a
non-resident of the State, he or she shall file security for costs as required
of non-resident plaintiffs.

(Source: P.A. 82-280.)

735 ILCS 5/19-125

(735 ILCS 5/19-125) (from Ch. 110, par. 19-125)

Sec. 19-125.

Judgment for plaintiff.

If judgment is entered in favor
of the plaintiff in replevin, the plaintiff shall
recover damages for the detention of the property while the same was
wrongfully detained by the defendant.

(Source: P.A. 82-280.)