(735 ILCS 5/4-125) (from Ch. 110, par. 4-125)
Sec. 4-125.
Perishable property.
When any goods and chattels are levied
on by virtue for any order of
attachment, and the sheriff or other officer having custody of such
goods and chattels is of the opinion that they are of a perishable
nature and in danger of immediate waste or decay, such sheriff or other
officer shall demand that the plaintiff in such attachment obtain from
the court which entered the order for attachment an order permitting such
property to be sold not later than 24 hours after the levy has been
made, upon due notice of sale to the defendant and to the public as the
court in its order shall require. The money derived from such sale shall
be applied to satisfy the judgment entered in the attachment action, and deposited
with the clerk of the court to which the certified copy of the order for
attachment is
returnable.
If the plaintiff in the attachment fails or refuses to obtain such an
order for sale of perishable property, the sheriff or other officer
making the levy shall be absolved of all responsibility to any person
for loss occasioned by the failure to sell or care for such perishable
property. The demand of the sheriff or other officer shall be in writing
and shall be delivered to the plaintiff or his or her attorney or agent, and to
the defendant if found. If defendant is not found, a copy of the demand
shall be posted on the premises where the perishable items are located.
Plaintiff's motion for an order of sale of perishable property shall be
treated as an emergency motion.
(Source: P.A. 83-707.)
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