(735 ILCS 5/19-106) (from Ch. 110, par. 19-106)
Sec. 19-106.
Exception to requirement of notice.
Notice to the defendant is not required if the plaintiff establishes
and the court finds as a matter of record and supported by evidence that
summary seizure of the property is justified by reason of necessity to:
(1) protect the plaintiff from an immediately impending harm which
will result from the imminent destruction or concealment of the disputed
property in derogation of the plaintiff's rights in the property;
(2) protect the plaintiff from an immediately impending harm which
will result from the imminent removal of the disputed property from the
State, taking into consideration the availability of judicial remedies
in the event of such removal;
(3) protect the plaintiff from an immediately impending harm which
will result from the perishable nature of the disputed property under
the particular circumstances at the time of the action;
(4) protect the plaintiff from an immediately impending harm which
will result from the imminent sale, transfer or assignment of the
disputed property to the extent such sale, transfer or assignment is
fraudulent or in derogation of the plaintiff's rights in the property;
(5) recover the property from a defendant who has obtained
possession by theft.
At an ex parte hearing to determine if notice is not required, the
court shall examine the evidence on each element required by this
Section or any written waiver of rights presented by the plaintiff. If
the court finds that notice is not required, or that the waiver is in
accordance with law, it shall order a hearing as soon as practicable on
the entry of an order for replevin.
(Source: P.A. 82-280.)
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