Illinois Compiled Statutes 735 Civil Procedure: Article IV - Attachment

Part 1. in General

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-101
  Cause. In any court having competent jurisdiction, a creditor having a money claim, whether liquidated or unliquidated, and whether sounding in contract or tort,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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:...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-105
  Form of affidavit. Affidavits for attachment in courts may be substantially in the following form: STATE OF ILLINOIS, ) ) ss.......... County ) A...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-107
  Bond. Before the entry of an order for attachment, as hereinabove stated, the court shall take bond and sufficient security, payable to the People...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 2. Watercraft

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-207
  Order. The order shall command the sheriff or other officer to attach the vessel, its tackle, apparel and furniture, to satisfy such claim and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-208
  Serving of order. The sheriff or other officer to whom such order for attachment is directed shall forthwith serve a certified copy of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-209
  Only one attachment. Whenever such order for attachment is entered and served, no other order for attachment shall be entered against the same water...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-210
  Notice by publication and mail. Upon return being made to such order, unless the vessel has been bonded, as hereinafter provided, the clerk shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-211
  Seeking wrong remedy not fatal. Where relief is sought under Part 2 of Article IV of this Act and the court determines, on motion...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-212
  Intervention. Any person having a lien upon or any interest in the water craft attached, may intervene to protect such interest, by filing a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-213
  Bond by intervenor. Any person intervening to enforce any lien or claims adverse to the owners of the craft attached shall, at the time...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-214
  Intervening petition. Intervening petitions may be filed at any time before the vessel is bonded, as provided in Section 4-216 of this Act, or,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-215
  Liens not filed cease. All liens upon any water craft which are not filed hereunder before sale under judgment, as hereinafter provided, shall cease....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-216
  Bonding vessel. The owner, his or her agent or attorney, or any other person interested in such water craft, desiring the return of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-217
  Appraisement - Restitution - Sale. If the owner, his or her agent or attorney, or other party in interest, so elect, in place of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-218
  Order of restitution. Upon receiving a bond or deposit, as provided in either of the foregoing sections, the court shall enter an order of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-219
  Additional security. If any plaintiff or intervening petitioner, at any time, deems his or her security insufficient, or has become imperiled, he or she...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-220
  Answer - Default. Within 3 days after the return day of summons - if personally served 10 days before the day on which it...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-221
  Judgment when vessel discharged. If, after trial, judgment is entered in favor of the plaintiff, and the water craft has been discharged from custody...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-222
  Judgment when vessel in custody. In case the water craft has not been discharged from custody, the judgment shall be that the same, with...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-223
  Order of sale. The court shall thereupon enter an order of sale, commanding the sheriff to sell such water craft as directed in the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-224
  Proceedings on sale. It shall be the duty of the sheriff, upon receiving the amount of the bid at any sale, either before or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-225
  Bill of sale. A copy of the last enrollment, if any, of such water craft shall be recited in the bill of sale if...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-226
  Distribution. The sum delivered by the sheriff to the clerk of court as above set out, shall be distributed by the court upon motion...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-227
  Remnants. Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as hereinabove...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 4-228
  Power of court in distribution. In case the sum for which the water craft is sold is sufficient to pay all the claims filed...

Last modified: February 18, 2015