(735 ILCS 5/19-107) (from Ch. 110, par. 19-107)
Sec. 19-107.
Hearing for entry of order.
At the hearing on the entry of an order for
replevin, which may be
a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte
hearing pursuant to a finding under Section 19-106 of this Act, the court shall review
the basis of the plaintiff's claim to possession. If the plaintiff
establishes a prima facie case to a superior right to possession of the
disputed property, and if the plaintiff also demonstrates to the court
the probability that the plaintiff will ultimately prevail on the underlying claim
to possession, the court shall so find as a matter of record and an order
for replevin shall be entered by the court.
(Source: P.A. 82-280.)
|