(735 ILCS 5/12-158) (from Ch. 110, par. 12-158)
Sec. 12-158.
Goods and chattels.
All goods and chattels, real and
personal, may be taken and sold to satisfy a judgment, except as otherwise
provided by law.
When any officer levies a judgment on livestock, or other personal property,
which is not immediately replevied or restored to the debtor, such officer
shall provide sufficient sustenance for the support of such livestock and
shall provide for the proper care and storage of such personal property
until it is replevied, sold or discharged from such judgment. The officer
shall receive a reasonable compensation therefor, to be determined by the
court which entered the judgment, to be advanced to him or her, from time
to time, by the judgment creditor, and the amount of such compensation shall
be collected as a part of the costs in the case.
If any goods or chattels levied upon are, in the opinion of the officer
making the levy, of a perishable nature and in danger of immediate waste
or decay, the officer shall request the judgment creditor to obtain from
the court which entered the judgment an order permitting that property to
be sold not later than 24 hours after the levy was made, upon due notice
of sale to the judgment debtor and to the public, as the court in its order
may require. The money from such a sale shall be retained by the sheriff
or other officer until the balance of the property levied upon is sold,
at which time it shall be paid to the judgment creditor with the proceeds
of the sale of the balance of the property. If the judgment creditor 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 request of the sheriff or other officer shall be
in writing and shall be delivered to the judgment creditor
or his or her attorney or agent
and to the judgment debtor if found. If the judgment debtor is not found a copy of the
request shall be posted on the premises where the perishable items are
located. The judgment creditor's motion for an order of sale of perishable property
shall be treated as an emergency motion.
(Source: P.A. 82-280.)
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