Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/4-102) (from Ch. 110, par. 4-102) Sec. 4-102. Construed for detection of fraud. This Act shall be construed in all courts in the most liberal manner for the detection of fraud. (Source: P.A. 82-280.)

(735 ILCS 5/4-103) (from Ch. 110, par. 4-103) Sec. 4-103. Venue. The venue provisions applicable to other civil cases shall apply to attachment proceedings; and in addition thereto, attachment proceedings may be brought in the county where property or credits of the debtor are fo…

(735 ILCS 5/4-104) (from Ch. 110, par. 4-104) Sec. 4-104. Affidavit. A plaintiff seeking the entry of an order for attachment shall file with the court an affidavit based upon the personal knowledge of the affiant and showing: 1. the amount of the claim, so far as practicable, af…

(735 ILCS 5/4-105) (from Ch. 110, par. 4-105) Sec. 4-105. Form of affidavit. Affidavits for attachment in courts may be substantially in the following form: STATE OF ILLINOIS, ) ) ss. ......... County ) A B, being duly sworn, says: That (here state if affiant is agent or attorney…

(735 ILCS 5/4-106) (from Ch. 110, par. 4-106) Sec. 4-106. Designation of names. It shall be sufficient, in all cases of attachment, to designate defendants by their reputed names, by surnames, and joint defendants by their separate or partnership names, or by such names, styles o…

(735 ILCS 5/4-107) (from Ch. 110, par. 4-107) Sec. 4-107. Bond. After the entry of an order for attachment, as hereinabove stated, the court shall take bond and sufficient security, payable to the People of the State of Illinois, for the use of the person or persons interested in…

(735 ILCS 5/4-108) (from Ch. 110, par. 4-108) Sec. 4-108. Fixing of bond. The court, upon ex parte motion, without notice, supported by affidavit of the plaintiff, his or her agent or attorney, substantially describing the property to be attached, and the value thereof, may, if s…

(735 ILCS 5/4-109) (from Ch. 110, par. 4-109) Sec. 4-109. Condition of bond. The condition of the bond shall be applicable to additional certified copies of the order for attachment as well as to the first certified copy of the order for attachment and shall be substantially in t…

(735 ILCS 5/4-110) (from Ch. 110, par. 4-110) Sec. 4-110. Order for attachment. The order for attachment required in the preceding section shall be directed to the sheriff (and, for purpose only of service of summons, to any person authorized to serve summons), or in case the she…

(735 ILCS 5/4-111) (from Ch. 110, par. 4-111) Sec. 4-111. Attachment against joint debtors. In all cases where two or more persons are jointly indebted, either as partners or otherwise, and an affidavit is filed as provided in Part 1 of Article IV of this Act, so as to bring one …

(735 ILCS 5/4-112) (from Ch. 110, par. 4-112) Sec. 4-112. Serving of order. Such officer shall without delay serve the order for attachment upon the property described in the order, or in the absence of such description, upon the lands, tenements, goods, chattels, rights, credits…

(735 ILCS 5/4-113) (from Ch. 110, par. 4-113) Sec. 4-113. Certificate of levy. When an order for attachment is levied upon any real estate, in any case, it shall be the duty of the officer making the levy to file a certificate of such fact with the recorder of the county where su…

(735 ILCS 5/4-114) (from Ch. 110, par. 4-114) Sec. 4-114. Serving defendant. The officer shall also serve a certified copy of the order upon the defendant therein, if he or she can be found, in like manner as provided for service of summons in other civil cases. Such service upon…

(735 ILCS 5/4-115) (from Ch. 110, par. 4-115) Sec. 4-115. Additional certified copies. (a) When it appears by the return of the officer that the defendant or property of the defendant is not found, or that a garnishee designated by the order for attachment has not been served, ad…

(735 ILCS 5/4-116) (from Ch. 110, par. 4-116) Sec. 4-116. Pursuit of property. If the defendant, or any person for him or her, shall be in the act of removing any personal property, the officer may pursue and take the same in any county in this State, and return the same to the c…

(735 ILCS 5/4-117) (from Ch. 110, par. 4-117) Sec. 4-117. Serving on Sunday. If it shall appear, by the affidavit, that a debtor is actually absconding, or concealed, or stands in defiance of an officer duly authorized to arrest him or her on civil process, or has departed this S…

(735 ILCS 5/4-118) (from Ch. 110, par. 4-118) Sec. 4-118. Certified copies of order to other county. The creditor may, at the same time, or at any time before judgment, cause a certified copy of an order for attachment to be issued to any other county in the State where the debto…

(735 ILCS 5/4-119) (from Ch. 110, par. 4-119) Sec. 4-119. Forthcoming bond. The officer serving the order for attachment shall take and retain the custody and possession of the property attached, to answer and abide by the judgment of the court, unless the person in whose possess…

(735 ILCS 5/4-120) (from Ch. 110, par. 4-120) Sec. 4-120. Bond or recognizance to pay judgment. Any defendant in attachment, desiring the return of property attached, may, at his or her option, instead of or in substitution for the bond required in the preceding section, give lik…

(735 ILCS 5/4-121) (from Ch. 110, par. 4-121) Sec. 4-121. Neglect of officer to take bond. If the sheriff fails to return a bond taken by virtue of the provisions of Part 1 of Article IV of this Act, or has neglected to take one when he or she ought to have done so, in any attach…

(735 ILCS 5/4-122) (from Ch. 110, par. 4-122) Sec. 4-122. Neglect to return sufficient bond. The plaintiff may, within 30 days after the return of such bond, except to the sufficiency thereof, reasonable notice of such exception having been given to the sheriff or other officer w…

(735 ILCS 5/4-123) (from Ch. 110, par. 4-123) Sec. 4-123. Action on bond. If the plaintiff does not object to the bond taken by the sheriff, or the objections are not sustained, and such bond is forfeited, the plaintiff in the attachment may bring an action thereon in his or her …

(735 ILCS 5/4-124) (from Ch. 110, par. 4-124) Sec. 4-124. Live stock. When any sheriff or other officer enforces an order for attachment by taking possession of horses, cattle or live stock, and the same are not immediately replevied or restored to the debtor, such officer shall …

(735 ILCS 5/4-125) (from Ch. 110, par. 4-125) Sec. 4-125. Perishable property. When any goods and chattels are levied on by virtue for any order of attachment, and the sheriff or other officer having custody of such goods and chattels is of the opinion that they are of a perishab…

(735 ILCS 5/4-126) (from Ch. 110, par. 4-126) Sec. 4-126. Summoning garnishees. The sheriff or any other person authorized to serve summons shall, in like manner as summons are served in ordinary civil cases, summon, wherever they may be found in the State, the persons mentioned …

(735 ILCS 5/4-127) (from Ch. 110, par. 4-127) Sec. 4-127. Notice by publication and mail. When it shall appear by the affidavit filed or by the return of the officer, that a defendant in any attachment action is not a resident of this State, or the defendant has departed from thi…

(735 ILCS 5/4-128) (from Ch. 110, par. 4-128) Sec. 4-128. Default. No default or proceeding shall be taken against any defendant not served with summons within the State and not appearing, unless the first publication or personal service outside of the State be at least 30 days p…

(735 ILCS 5/4-129) (from Ch. 110, par. 4-129) Sec. 4-129. Continuance for want of publication. If for want of due publication or service the cause is continued, the same proceedings shall be had at a subsequent return day to be fixed by the court, as might have been had at the re…

(735 ILCS 5/4-130) (from Ch. 110, par. 4-130) Sec. 4-130. Filing complaint. The complaint shall be filed 10 days before the return day of the certified copy of the order for attachment, and if so filed the defendant, subject to the provisions of Section 4-114 of this Act, shall f…

(735 ILCS 5/4-131) (from Ch. 110, par. 4-131) Sec. 4-131. Pleadings. The defendant may answer, denying the facts stated in the affidavit upon which the order for attachment was entered which answer shall be verified by affidavit; and if, upon the trial thereon, the issue is found…

(735 ILCS 5/4-132) (from Ch. 110, par. 4-132) Sec. 4-132. Amendments. Subject to the requirements of Section 4-137 of this Act, no order for attachment shall be vacated, nor the property taken thereon restored, nor any garnishee discharged, nor any bond by him or her given cancel…

(735 ILCS 5/4-133) (from Ch. 110, par. 4-133) Sec. 4-133. Seeking wrong remedy not fatal. Where relief is sought under Part 1 of Article IV of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plainti…

(735 ILCS 5/4-134) (from Ch. 110, par. 4-134) Sec. 4-134. Intervention. In all cases of attachment, any person, other than the defendant, claiming the property attached, or garnisheed may intervene, verifying his or her petition by affidavit, without giving bond, but such propert…

(735 ILCS 5/4-135) (from Ch. 110, par. 4-135) Sec. 4-135. Counterclaim. Any defendant against whom an order for attachment is entered under Part 1 of Article IV of this Act, may avail himself or herself of any counterclaim as provided in Section 2-608 of this Act. (Source: P.A. 8…

(735 ILCS 5/4-136) (from Ch. 110, par. 4-136) Sec. 4-136. Substitution of parties. The provisions in regard to joinder, nonjoinder or misjoinder of parties applicable to other civil cases, shall be applicable to attachment proceedings; and when any action has been commenced in th…

(735 ILCS 5/4-137) (from Ch. 110, par. 4-137) Sec. 4-137. Prompt hearing. At any time after the entry of an order for attachment, upon motion of the defendant, the court shall set a hearing on the order or affidavit. The hearing shall be held as soon as possible after the motion …

(735 ILCS 5/4-138) (from Ch. 110, par. 4-138) Sec. 4-138. Proceedings in aid. Upon the return of certified copies of orders for attachment issued in aid of actions pending, unless it shall appear that the defendant or defendants have been served with process in the original actio…

(735 ILCS 5/4-139) (from Ch. 110, par. 4-139) Sec. 4-139. Effect of judgment. When the defendant has been served with the order for attachment, or appears in the action, the judgment shall have the same force and effect as in other civil cases; and enforcement may be had thereon,…

(735 ILCS 5/4-140) (from Ch. 110, par. 4-140) Sec. 4-140. Judgment by default. When the defendant is notified as hereinabove stated, but not served with an order for attachment within the State, and does not appear and answer the action, judgment by default may be entered, which …

(735 ILCS 5/4-141) (from Ch. 110, par. 4-141) Sec. 4-141. Property levied upon. The property attached may be levied upon by judgment entered in the attachment action, whether in the possession of the officer or secured by bond as provided in Part 1 of Article IV of this Act, and …

(735 ILCS 5/4-142) (from Ch. 110, par. 4-142) Sec. 4-142. Division of proceeds. All judgments for the payment of money in actions for attachment against the same defendant, returnable on the same day, and all judgments in other civil cases or orders for attachment against such de…

(735 ILCS 5/4-143) (from Ch. 110, par. 4-143) Sec. 4-143. Officer to divide proceeds. Upon issuing a certified copy of a judgment for the enforcement thereof against any property attached, the proceeds of which shall be required to be divided, the clerk shall, at the same time, p…

(735 ILCS 5/4-144) (from Ch. 110, par. 4-144) Sec. 4-144. Payment into court. The court may, at any time before the proceeds of any attached property have been paid over to the judgment creditors, order the whole or any part thereof to be deposited with the clerk of the court, an…

(735 ILCS 5/4-145) (from Ch. 110, par. 4-145) Sec. 4-145. Sale of live stock. When any live stock is levied upon in any attachment proceeding, the plaintiff may apply to the court in which the action is pending for an order of sale thereof, and if it shall appear that the stock i…

(735 ILCS 5/4-201) (from Ch. 110, par. 4-201) Sec. 4-201. Liens in general. Every sail vessel, steamboat, steam dredge, tug boat, scow, canal boat, barge, lighter, and other water craft of above five tons burthen, used or intended to be used in navigating the waters or canals of …

(735 ILCS 5/4-202) (from Ch. 110, par. 4-202) Sec. 4-202. Lien on goods for freight. There shall also be a lien upon the goods, wares and merchandise shipped, taken in and put aboard any such water craft for sums due for freight, advanced charges and demurrage, which shall be col…

(735 ILCS 5/4-203) (from Ch. 110, par. 4-203) Sec. 4-203. Limitation. Any such lien may be enforced in the manner herein provided at any time within 5 years. However, no creditor shall be allowed to enforce such lien as against, or to the prejudice of any other creditor or subseq…

(735 ILCS 5/4-204) (from Ch. 110, par. 4-204) Sec. 4-204. Complaint. The person claiming to have a lien under the provisions of Part 2 of Article IV of this Act may file in the circuit court, in the county where any such water craft may be found, a complaint, setting forth the na…

(735 ILCS 5/4-205) (from Ch. 110, par. 4-205) Sec. 4-205. Bond. The plaintiff, or his or her agent or attorney, shall also file with such complaint a bond, payable to the owner of the craft to be attached, or, if unknown, to the unknown owners thereof, in at least double the amou…

(735 ILCS 5/4-206) (from Ch. 110, par. 4-206) Sec. 4-206. Designation of defendants. Upon the filing of such complaint and bond, the court shall enter an order for attachment against the owners of such water craft, directed to the sheriff of the county, or other officer if the sh…