reglab/housing_qa huggingface dataset:
735 ILCS 5/4-121
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 attachment entered under any of the provisions  of Part 1 of Article IV of this Act, the plaintiff in the attachment  may cause a rule to be  entered at any time during the first 10 days after the day on which the  order is returnable requiring the sheriff to return the bond;  or in case no bond has been taken, to show cause why such bond was not  taken. If the sheriff does not return the bond within one day  thereafter, or show legal and sufficient cause why the bond has not  been taken, judgment shall be entered against the sheriff for the amount of  the plaintiff's claim, with costs of the action. Enforcement may thereupon  be had after judgment is entered against  the defendant in the attachment action.    (Source: P.A. 83-707.)
735 ILCS 5/4-122
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 who took the  same, and if, upon hearing, the court shall adjudge such security  insufficient, such sheriff shall be subject to the same judgment and  recovery and have the same liberty of defense as if the sheriff had been made  defendant in the attachment, unless good and sufficient security shall  be given within such time as may be directed by the court, and enforcement  may be had thereupon as in other cases of judgment for the payment of money.  Whenever the  judgment of the plaintiff, or any part thereof shall be paid or  satisfied by any such sheriff, he or she shall have the same remedy against the  defendant for the amount so paid by him or her as is now provided by law for  bail against their principal where a judgment is paid or satisfied by them.    (Source: P.A. 82-280.)
735 ILCS 5/4-123
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 own name, the same as if such bond had been assigned to  him or her, and judgment shall be entered for the plaintiff against the obligors  in the bond for the value of the property, or if the property is greater  than the amount due upon the judgment, then for the amount due and  costs of the action.    (Source: P.A. 82-280.)
735 ILCS 5/4-124
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 provide  sufficient sustenance for the support of such live stock until the live  stock is sold or discharged from such attachment. The sheriff or other officer  shall receive  therefor a reasonable compensation, to be ascertained and determined by  the court in which the attachment order was entered, and charged in the fee  bill of such officer, and shall be collectible as part of the costs.    (Source: P.A. 83-707.)
735 ILCS 5/4-125
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 perishable  nature and in danger of immediate waste or decay, such sheriff or other  officer shall demand that the plaintiff in such attachment obtain from  the court which entered the order for attachment an order permitting such  property to be sold not later than 24 hours after the levy has been  made, upon due notice of sale to the defendant and to the public as the  court in its order shall require. The money derived from such sale shall  be applied to satisfy the judgment entered in the attachment action, and deposited  with the clerk of the court to which the certified copy of the order for  attachment is  returnable.If the plaintiff in the attachment fails or refuses to obtain such an  order for sale of perishable property, the sheriff or other officer  making the levy shall be absolved of all responsibility to any person  for loss occasioned by the failure to sell or care for such perishable  property. The demand of the sheriff or other officer shall be in writing  and shall be delivered to the plaintiff or his or her attorney or agent, and to  the defendant if found. If defendant is not found, a copy of the demand  shall be posted on the premises where the perishable items are located.  Plaintiff's motion for an order of sale of perishable property shall be  treated as an emergency motion.    (Source: P.A. 83-707.)
735 ILCS 5/4-126
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 in such order for attachment as garnishees and all other  persons whom the creditor shall designate as having any property,  effects, choses in action or credits in their possession or power,  belonging to the defendant, or who are in anyway indebted to such  defendant, the same as if their names had been inserted in such order  for attachment.  The persons so summoned shall be considered as garnishees. The return  shall state the names of all persons so summoned, and the date of such  service on each.Persons summoned as garnishees shall thereafter hold any property,  effects, choses in action or credits in their possession or power  belonging to the defendant which are not exempt, subject to the court's  order in such proceeding, and shall not pay to the defendant any  indebtedness owed to him or her subject to such order, and such property,  effects, choses in action, credits and debts shall be considered to have  been attached and the plaintiff's claim to have become a lien thereon  pending such action.    (Source: P.A. 89-364, eff. 1-1-96.)
735 ILCS 5/4-127
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 this State,  or on due inquiry cannot be found, or is concealed within this State, so  that the order for attachment cannot be served upon him  or her, and that property of the  defendant has been attached, or that persons having such property or  effects, choses in action or credits belonging to defendant, or owing  debts to him or her, have been summoned as garnishees, it shall be the duty of  the clerk of the court in which the action is pending to give notice, by  publication at least once in each week for 3 weeks successively, in  some newspaper published in this State, most convenient to the place  where the court is held, of such attachment or garnishment, and at whose  action, against whose estate, for what sum, and before what court the same  is pending, and that unless the defendant shall appear, give bail, and  plead within the time limited for his or her appearance in such case, judgment  will be entered, and the estate so attached or garnisheed sold or  otherwise disposed of as provided by law. Such clerk shall, within  10 days after the first publication of such notice, send a copy thereof  by mail, addressed to such defendant, if the place of residence is  stated in such affidavit; and the certificate of the clerk that he or she has  sent such notice in pursuance of this section, shall be evidence of that  fact.    (Source: P.A. 83-707.)
735 ILCS 5/4-128
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 prior to the day at which such default or  proceeding is proposed to be taken.    (Source: P.A. 82-280.)
735 ILCS 5/4-129
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 return day at  which the certified copy of the order for attachment was returnable.    (Source: P.A. 83-707.)
735 ILCS 5/4-130
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 file his or  her answer or otherwise plead  on or before that day. If the complaint is not so  filed the defendant shall not be compelled to appear or answer until  15 days after the return day designated in the order for attachment and if the  complaint is not filed within 5 days after the return day designated in the  order for attachment the defendant may, in the discretion of the court have  the action dismissed.    (Source: P.A. 83-707.)
735 ILCS 5/4-131
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 for the plaintiff, the defendant may  answer the complaint or file a motion directed thereto as in other civil  cases, but if found for the defendant, the order for attachment  shall be set aside, and the costs of the attachment shall be adjudged against  the plaintiff, but the action shall  proceed to final judgment as in other civil cases.     (Source: P.A. 83-707.)
735 ILCS 5/4-132
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 canceled, nor any rule entered against the sheriff discharged,  on account of any insufficiency of the original affidavit, order for  attachment or attachment bond, if the plaintiff, or some credible person  for him, her or it shall cause a legal and sufficient affidavit or attachment bond  to be filed, or the order to be amended, in such time and manner as the  court shall direct; and in that event the cause shall proceed as if such  proceedings had originally been sufficient.    (Source: P.A. 83-707.)
735 ILCS 5/4-133
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 plaintiff has pleaded or established facts which entitle  the plaintiff to relief but that the plaintiff has sought the wrong remedy,  the court shall permit the pleadings to be amended, on just and reasonable  terms, and the court shall grant the relief to which plaintiff is entitled  on the amended pleadings or upon the evidence.  In considering whether a  proposed amendment is just and reasonable, the court shall consider the  right of the defendant to assert additional defenses, to demand a trial  by jury, to plead a counterclaim or third party complaint, and to order  the plaintiff to take additional steps which were not required under the  pleadings as previously filed.    (Source: P.A. 82-280.)
735 ILCS 5/4-134
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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  property shall not thereby be replevied; and the court shall immediately  (unless good cause be shown by either party for a continuance) direct a  jury to be impaneled to inquire into the right of the property. In all  cases where the jury finds for the claimant, and that such claimant is  also entitled to the possession of all or any part of such property, the  court shall enter judgment for such claimant accordingly and order the  property attached or garnisheed to which such claimant is entitled to be  delivered to such claimant, and the payment of his or her costs in such action.  In cases where the jury finds for a claimant but further finds that such  claimant is not then entitled to the possession of any such property,  such claimant shall be entitled to his or her costs; and where the jury find  for the plaintiff in the attachment, such plaintiff shall recover his or her  costs against such claimant. If such claimant is a non-resident of the  State he or she shall file security for costs as in cases of non-resident  plaintiffs.    (Source: P.A. 82-280.)
735 ILCS 5/4-135
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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. 83-707.)
735 ILCS 5/4-136
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 the name of the wrong party as plaintiff, the court, if  satisfied that it has been so commenced through mistake, and that it is  necessary for the determination of the real matter in dispute so to do,  may allow any other party or parties to be substituted.No change of parties made, or any other amendment made by order of  court, shall impair any previous attachment of the estate of any defendant  remaining in the action, nor impair any  recognizance or bond given by any party remaining either as  against the defendant, defendants, his, hers, its, or their sureties. No  sureties shall be released by reason of any amendment made by order of  court.    (Source: P.A. 83-707.)
735 ILCS 5/4-137
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 by the defendant, but shall not be more than 5 days after  service of notice on the plaintiff.At the hearing, either party may introduce affidavits or oral testimony.  The order for attachment shall be vacated unless the plaintiff shows by a  preponderance of evidence that a cause for the entry of the order exists,  and unless the plaintiff demonstrates to the court the probability that  he, she or it will ultimately prevail in the action.    (Source: P.A. 83-707.)
735 ILCS 5/4-138
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 action, notice of the pendency  of the action, and of the issue and levy of the order for attachment, shall be given  as is required in cases of original attachment; and such notification  shall be sufficient to entitle the plaintiff to judgment, and the right  to proceed thereon against the property and estate attached, and against  garnishees, in the same manner and with like effect as if the action had  been commenced as an original action for attachment.    (Source: P.A. 83-707.)
735 ILCS 5/4-139
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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, not only  against the property attached, but the other property of the defendant.    (Source: P.A. 83-707.)
735 ILCS 5/4-140
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 may be proceeded  upon to final judgment as in other cases of default, but in no case  shall judgment be entered against the defendant for a greater sum than  appears, by the affidavit of the plaintiff, to have been due at the time  of obtaining the order for attachment, with interest, damages  and costs; and such judgment shall bind, and enforcement had against the  property, credits and effects attached, and such judgment  shall not be enforced from any other property of the defendant; nor  shall such judgment be  any evidence of debt against the defendant in any subsequent cases.    (Source: P.A. 83-707.)
735 ILCS 5/4-141
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 shall  be sold as other property  levied upon for the enforcement of a judgment for the payment of money.    (Source: P.A. 82-783.)
735 ILCS 5/4-142
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 defendant, recovered within 30  days from the day when the judgment in the first attachment upon which  judgment is recovered is entered, shall  share pro rata, according  to the amount of the several judgments, in the proceeds of the property  attached, either in the possession of a garnishee or otherwise.  If the property is attached while the defendant is removing the same  or after the same has been removed from the county, and the same is  overtaken and returned, or while the same is secreted by the defendant,  or placed out of his or her possession for the purpose of defrauding his  or her creditors, the  court may allow the creditor or creditors through whose diligence the  same has been secured a priority over other attachment or  judgment creditors.    (Source: P.A. 83-707.)
735 ILCS 5/4-143
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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, prepare and deliver to the sheriff or other officer to  whom the certified copy of the judgment is delivered, a statement of all  judgments, with the  costs thereon, which shall be entitled to share in such proceeds, and  when any judgment creditor shall have been allowed a priority over the  other judgment creditors, the same shall be stated. Upon the receipt of  such proceeds by the sheriff or other officer, he or she shall divide and pay  over the same to the several judgment creditors entitled to share in the  same in the proportion they shall be entitled thereto.    (Source: P.A. 82-280.)
735 ILCS 5/4-144
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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,  and the court may enter any  and all orders concerning the same as it deems just.    (Source: P.A. 82-280.)
735 ILCS 5/4-145
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 is fit for market, or that if not sold will depreciate in  value, then the court shall order a sale of the property on such terms  as shall seem proper, and the proceeds shall be deposited with the clerk  of the court in which the action is pending until determined by the court, and then be  paid to the successful party in the action.    (Source: P.A. 82-280.)
735 ILCS 5/Art. IV Pt. 2 heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 Part 2.      Watercraft