Cal. Civ. Code § 9-309
Judgment by default. When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him or her for rent at the time of issuing the distress warrant, and enforcement may be had against the property distrained, but no enforcement may be had against any other property of the defendant
Operative Text
Judgment by default. When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him or her for rent at the time of issuing the distress warrant, and enforcement may be had against the property distrained, but no enforcement may be had against any other property of the defendant.
Under 735 Ill. Comp. Stat. 5 § 9-309, when a landlord pursues a distress action and the tenant is notified only through publication rather than direct service of process, and the tenant does not appear in court, a default judgment can be entered. That judgment allows the landlord to recover unpaid rent owed at the time the distress warrant was issued. However, any enforcement of that judgment is strictly limited to the specific property that was distrained — the landlord cannot pursue the tenant's other assets or property to satisfy the debt.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-309, operators who proceed with a distress action relying on publication notice rather than personal service of process should understand that a resulting default judgment carries a significant limitation. A compliant approach involves recognizing that recovery is capped at rent owed as of the distress warrant's issuance date, and that enforcement is confined solely to the distrained property. Landlords generally ensure their records clearly document the property distrained and the rent amount owed at that specific point in time, since those are the boundaries the statute sets on any default judgment obtained this way.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
735 Ill. Comp. Stat. 5 § 9-309 provides an important protection for tenants in distress proceedings where notice was given only by publication and no personal service occurred: any default judgment entered against a tenant can only be enforced against the specific property that was distrained, not against the tenant's other belongings or assets. Tenants who believe a default judgment has been entered against them in a distress action may have grounds to raise this limitation as a defense if enforcement is attempted beyond the distrained property. Consulting a tenant-rights organization or legal aid service familiar with Illinois landlord-tenant law can help tenants understand how this provision applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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