Order For Replevin (Without Notice) Form - Lake County, Illinois

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STATE OF ILLINOIS
)
) SS
COUNTY OF LAKE
)
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT,
LAKE COUNTY, ILLINOIS
)
)
)
)
vs.
)
No.
)
)
)
)
ORDER FOR REPLEVIN (WITHOUT NOTICE)
On motion of the plaintiff, _______________________________ that an order of
replevin issue without notice to the defendant, ___________________________________
the court finds:
*
1. The defendant, who is not a consumer as defined in Section 4a of “An Act to
revise the law in relation to replevin” approved February 9, 1874, as amended, has
voluntarily, intelligently and knowingly waived, in writing, notice and hearing to contest
the issuance of an order of replevin, under 735 ILCS 5/19-105.
*
2. Summary seizure of the property without notice is justified by reason of the
necessity to:
a. 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;
b. 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;
c. 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;
d. 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;
171-170 Rev. 03/02

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