What does an Illinois replevin bond guarantee?
The Illinois replevin bond guarantees that the plaintiff will prosecute the action to effect without delay and will pay all costs and damages if the court determines the replevin order was wrongfully obtained. The bond must indemnify and hold harmless the sheriff or officer executing the order, protecting all parties involved if the plaintiff's claim is unsuccessful.
When is the Illinois replevin bond required to be filed?
The Illinois replevin bond must be posted and filed before the replevin order is served on the defendant. The plaintiff must file the original bond and a copy with the circuit court, along with certified copies of the complaint and order for replevin, before the sheriff can execute the order to seize the property.
What is the bond amount required for an Illinois replevin bond?
The Illinois replevin bond amount must be double the value of the property being replevied. This means if the property is valued at $10,000, the bond amount would be $20,000. This requirement is set by Illinois statute (735 ILCS 5/19-112) to protect the defendant from wrongful seizure.