(735 ILCS 5/19-112) (from Ch. 110, par. 19-112)
Sec. 19-112.
Replevin bond.
Before the service of the order for replevin
the plaintiff
or some one else on his or her behalf shall give to the sheriff or other
officer a bond with sufficient security in double the value of the
property about to be replevied, conditioned that he or she will prosecute such
action to effect and without delay and make return of the property to the
defendant if return of the property shall be awarded or will deliver the
same to the intervening petitioner should it be found that the property
belongs to him or her, and save and keep harmless such sheriff or other officer
as the case may be, in replevying such property and further conditioned
for the payment of all costs and damages occasioned by wrongfully obtaining
out the order for replevin,
and if the sureties on such bond at any time before trial becomes
insolvent, an order shall be entered requiring good and sufficient
replevin bond to be filed, and if the same is not so filed within
the time fixed by the court, the action shall be dismissed.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-113) (from Ch. 110, par. 19-113)
Sec. 19-113.
Return.
Such officer shall return the bond so taken by
the officer, together
with the certified copy of the order to the clerk of court who issued such
certified copy of the order.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-114) (from Ch. 110, par. 19-114)
Sec. 19-114.
Failure to take and return bond.
If the sheriff or other
officer fails to take and return the bond, as
required by Article XIX of this Act, or returns an insufficient bond, he or she shall be
liable to the party injured for all damages such party
may sustain by reason of
such neglect, which may be recovered in an action against the sheriff
or other officer,
or by an action upon the sheriff's or other officer's official bond.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-115) (from Ch. 110, par. 19-115)
Sec. 19-115.
Limitation.
No sheriff or other officer shall be liable, under the
preceding section, unless the bond was insufficient when taken, nor
unless action is commenced against him or her or upon his or her bond, within 3
years after the cause of action accrues.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-116) (from Ch. 110, par. 19-116)
Sec. 19-116.
Service of order.
Upon the bond being given the sheriff or other proper
officer shall forthwith serve the certified copy of the order by seizing
the property therein mentioned and by serving such
order upon the defendant as summons is served in other civil
cases.
The order for replevin issued as provided in Section 19-108
of this Act, may be served as a summons upon defendants wherever they
may be found in the State by any person authorized to serve summons in other
civil cases; but property may be taken
from the possession of a defendant under a replevin order only in the
county in which the order is entered and by a proper officer of the
county.
The officer serving such certified order having taken the property or any part
thereof shall forthwith deliver such property to the plaintiff unless
the defendant executes a bond and security approved by such officer,
before such property is actually delivered to the plaintiff. Such bond
shall be given in an amount double the value of such property and
conditioned that the defendant will appear in and defend the action, and
will deliver such property in accordance with the order of the court, in
as good condition as it was when the action was commenced, and that the
defendant will pay only those costs and damages that may be incurred
during the time the property is out of the possession of the officer and back
in his or her possession and adjudged against the defendant in such action.
Such bond shall be returned to the court by the officer serving the
order on the day such order is returnable.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-117) (from Ch. 110, par. 19-117)
Sec. 19-117. Service upon defendant. It shall be the duty of the officer
having an order for
replevin, to serve the same upon the defendant, whether the property is
found or delivered to him or her, or not, unless, when none of the property is
found, the officer is otherwise directed by the plaintiff or his or her
attorney or agent.
If the defendant fails to deliver up to the sheriff the chattel which is the subject of the order for replevin and the plaintiff has a reasonable belief as to where the chattel is sequestered, the court may authorize the sheriff to use reasonable force to enter into the property to recover same upon such terms and conditions as the court may direct.
(Source: P.A. 95-661, eff. 1-1-08.)
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