Cal. Civ. Code § 9-311
Bond for release of property. When any distress warrant is levied, the person whose property is distrained, may release the same by entering into bond in double the amount of the rent claimed, payable to the landlord, with sufficient sureties, to be approved by the person making the levy, if the bond is tendered before the filing of a copy of the warrant, as provided in Part 3 of Article IX of this Act, or if after, by the clerk of the court in which the action is pending, conditioned to pay whatever judgment the landlord may recover in the action, with costs of the action. If the bond is taken before the filing of a copy of the distress warrant, such bond shall be filed therewith, and if taken after the filing of a copy of the distress warrant, it shall be filed in the office of the clerk of the court where the action is pending
Operative Text
Bond for release of property. When any distress warrant is levied, the person whose property is distrained, may release the same by entering into bond in double the amount of the rent claimed, payable to the landlord, with sufficient sureties, to be approved by the person making the levy, if the bond is tendered before the filing of a copy of the warrant, as provided in Part 3 of Article IX of this Act, or if after, by the clerk of the court in which the action is pending, conditioned to pay whatever judgment the landlord may recover in the action, with costs of the action. If the bond is taken before the filing of a copy of the distress warrant, such bond shall be filed therewith, and if taken after the filing of a copy of the distress warrant, it shall be filed in the office of the clerk of the court where the action is pending.
Under 735 Ill. Comp. Stat. 5 § 9-311, when a distress warrant has been levied against someone's property in Illinois, that person has a legal mechanism to recover the seized property without waiting for the underlying dispute to be resolved. The mechanism involves posting a bond equal to twice the amount of rent claimed, backed by approved sureties, which serves as a guarantee that any eventual judgment and costs will be paid. The timing of the bond determines who approves it and where it must be filed — either with the levying officer before the warrant copy is filed with the court, or with the court clerk afterward.
Plain English — not legal advice.
As a landlord who has pursued a distress warrant under 735 Ill. Comp. Stat. 5 § 9-311, compliant operators generally understand that the distrained party has a right to reclaim their property by posting a bond in double the claimed rent amount. Landlords and their agents who make the levy are responsible for approving the sureties on any bond tendered before the warrant copy is filed with the court. Keeping accurate records of the bond amount, surety approval, and filing status helps ensure the distress action proceeds properly through the courts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-311, a tenant or other person whose property has been seized under a distress warrant has the right to seek release of that property by posting a qualifying bond — set at double the rent amount claimed — rather than surrendering the property while the dispute is pending. The bond must meet surety requirements and be filed in the correct location depending on whether it is posted before or after the distress warrant copy is filed with the court. Tenants facing a distress warrant may benefit from consulting a tenant-rights organization or legal aid provider to understand how this bond process works in 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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