Enforcement of Judgments / Personal Property Levy
Required Forms & Information
- Two (2) writ stamped orders and one copy for each defendant being served. Order expires 90 days after writ stamped date. One (1) original plaintiff’s levy bond indemnifying the Sheriff of DuPage County in an amount that is twice the value of the judgment. Bond must be signed by surety agent and bear corporate seal. Property to be levied on must be listed on bond.
Check for appropriate town service fee.
Judgments entered in other counties of this state must be filed in the office of the Clerk of the Circuit Court of DuPage County. (735 ILCS 5/12-106)
Judgments entered in other states must be filed in the office of the Clerk of the Circuit Court of DuPage County.
Federal judgments must be filed in the office of the Clerk of the Circuit Court of DuPage County.
- Cover Letter:
- Specific location where the property to be levied is located; business/residence
- Any credits against judgment and court ordered costs
- There are three (3) specific actions the Sheriff may take:
- Inventory the property and leave property under the control of the defendant, pending sale or settlement.
- Remove seized property to a secure warehouse or storage facility pending sale or settlement. Plaintiff must provide movers and a secure facility for the property. A new lock in an unopened package is required. The Sheriff will retain the keys pending sale or settlement.
- Seize and lock the business until sale or settlement. Plaintiff must provide locksmith to change the locks. The Sheriff will retain the key.
- Plaintiff shall provide a copy of the Commercial Code (UCC) filing with the letter of direction, if applicable.
- Sale of the property may be set as soon as 10 working days after the property has been levied upon.
- The Sheriff is permitted to collect in addition to the judgment and court ordered costs a Sheriff’s commission, interest on the judgment, Sheriff’s service fees and any other costs incurred by the Sheriff in the enforcement of the judgment. The Sheriff may not collect attorney’s fees nor the cost of the plaintiff’s bond unless so ordered by the court.
Any further questions may be directed to the Levy/Replevin office at (630) 407-2063.