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

 ARTICLE IV  ATTACHMENT
735 ILCS 5/Art. IV Pt. 1 heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 Part 1.      In General
735 ILCS 5/4-101
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (from Ch. 110, par. 4-101)Sec. 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, or based upon a statutory cause of action created by law  in favor of the People of the State of Illinois, or any agency of the State,  may have an attachment against the property of his or her debtor, or that of  any one or more of several debtors, either at the time of commencement of the  action or thereafter, when the claim exceeds $20,  in any one of the following cases:1. Where the debtor is not a resident of this State.2. When the debtor conceals himself or herself or     stands in defiance of an officer, so that process cannot be served upon him or her.3. Where the debtor has departed from this State with     the intention of having his or her effects removed from this State.4. Where the debtor is about to depart from this     State with the intention of having his or her effects removed from this State.5. Where the debtor is about to remove his or her     property from this State to the injury of such creditor.6. Where the debtor has within 2 years preceding the     filing of the affidavit required, fraudulently conveyed or assigned his or her effects, or a part thereof, so as to hinder or delay his or her creditors.7. Where the debtor has, within 2 years prior to the     filing of such affidavit, fraudulently concealed or disposed of his or her property so as to hinder or delay his or her creditors.8. Where the debtor is about fraudulently to conceal,     assign, or otherwise dispose of his or her property or effects, so as to hinder or delay his or her creditors.9. Where the debt sued for was fraudulently     contracted on the part of the debtor. The statements of the debtor, his or her agent or attorney, which constitute the fraud, shall have been reduced to writing, and his or her signature attached thereto, by himself or herself, agent or attorney.10. When the debtor is a person convicted of first     degree murder, a Class X felony, or aggravated kidnapping, or found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, against the creditor and that crime makes the creditor a "victim" under the Criminal Victims' Asset Discovery Act.11. (Blank).  (Source: P.A. 101-235, eff. 1-1-20.)
735 ILCS 5/4-102
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

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

 (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 found.    (Source: P.A. 83-707.)
735 ILCS 5/4-104
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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, after allowing all  just credits and set-offs;2.  facts establishing any one or more of the causes set forth in Section  4-101 of this Act;3.  the place of residence of the defendant, if known, and if not known,  that upon diligent inquiry the affiant has been unable to ascertain the  place of residence; and4.  facts establishing the cause of action against the defendant.The plaintiff shall file an additional statement in writing, either embodied  in such affidavit or separately, to the effect that the action invoked by  such affidavit does or does not sound in tort and a designation of the return  day for the summons to be issued in the action; and the court, if it is  satisfied that the affidavit has established a prima facie case, shall enter  an order for attachment.In all actions sounding in tort, before an order for attachment  is entered, the plaintiff, his or her agent or attorney, shall apply to  the circuit court of the county in which the action is to be  brought or is pending and be examined, under oath, by the court  concerning the cause of action; and, thereupon, the court shall indorse  upon the affidavit the amount of damages for which the order for  attachment shall be entered,  and no greater amount shall be claimed.    (Source: P.A. 83-707.)
735 ILCS 5/4-105
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 of the creditor; if the action is by an individual or corporation,  the name of the individual or corporation, and if the action is by a  firm, the name of the partners) has a just claim against (name of  debtor), on account of (here state facts giving rise to the cause of action and  amount of the claim), and the affiant believes (the name of the  creditor) is entitled to recover of (name of debtor), after  allowing all just credits and set-offs .... dollars and .... cents,  which is now due, and that he, she or it has good reason to believe and does  believe that (name of debtor) (here state facts which give rise to some  one or more of the causes  which authorize an attachment). (name of debtor) resides at (here state the  residence of the debtor if known, or if not, that the affiant has made  diligent inquiry and cannot ascertain his or her or its place of residence.)Affiant has personal knowledge that the foregoing statements are true.    .....Subscribed and sworn to before me on this .... day of ....,....,    .....My commission expires ....,....,(If action sounds in tort here include the endorsement of the court as to  amount of damages for which order shall be entered)    (Source: P.A. 83-707.)
735 ILCS 5/4-106
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 or titles as they are usually known; and heirs, executors and  administrators of deceased defendants shall be subject to the provisions  of Part 1 of Article IV of this Act, in all cases in  which it may be applicable to them.    (Source: P.A. 83-707.)
735 ILCS 5/4-107
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 the  property attached, in double the sum sworn to be due, conditioned for  satisfying all costs which may be awarded to such defendant, or to any  others interested in the proceedings, and all damages and costs which  shall be recovered against the plaintiff, for wrongfully obtaining the  attachment order, which bond, with affidavit of the party complaining, or  his, her or its  agent or attorney, shall be filed in the court entering  the order for attachment. Every order for attachment entered  without a bond and affidavit  taken, is hereby declared illegal and void, and shall be dismissed.  Nothing herein contained shall be construed to  require the State of Illinois, or any Department of Government thereof,  or any State officer, to file a bond as plaintiff in any proceeding  instituted under Part 1 of Article IV of this Act.  (Source: P.A. 99-744, eff. 8-5-16.)
735 ILCS 5/4-108
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 satisfied of the bona fides of the application and  sufficiency of the bond under the circumstances of the case, including  proposed garnishments, fix the amount of the bond in double the value of  the property to be attached, instead of double the sum sworn to be due,  and in such event the order shall direct the officer to attach such  specifically described property, but the value of such property to be  attached shall not be in excess of an amount sufficient to satisfy the  debt claimed and costs. The court may require that such affidavit be  supplemented by additional showing, by appraisal or otherwise, as to the  value of such property, and may, upon motion of any party to the action  claiming an interest in such property, either before or after actual  attachment, require additional security, or order release of the  attachment to the extent not covered by adequate double security.    (Source: P.A. 82-280.)
735 ILCS 5/4-109
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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  the following form:The condition of this obligation is such, that whereas the plaintiff has on  (insert date) applied for an order for attachment in the  above  entitled action of .... against the estate of the above named .....  Now, if  the .... shall prosecute the action with effect, or in the case of failure  therein shall satisfy all costs which may be awarded to .... or to any person  or persons interested in the property attached, and all damages and costs which  shall be recovered against the plaintiff for wrongfully obtaining the order for  attachment, then the above obligation to be void; otherwise to remain in full  force and effect.Additional bonds shall not be required for obtaining additional certified  copies, except as provided in Section 4-115 of this Act.    (Source: P.A. 91-357, eff. 7-29-99.)
735 ILCS 5/4-110
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 sheriff is interested, or otherwise disqualified or prevented from  acting, to the coroner of the county in which the action is commenced, and  shall be made returnable on a return day designated by the plaintiff,  which day shall not be less than 10 days or more than 60 days after  its date. Such order shall  order the officer to attach so much of the estate, real or personal, of  the defendant, to be found in the county, as shall be of value  sufficient to satisfy the debt and costs, according to the  affidavit, but in case any specific property of the defendant, found in  the county, shall be described in the order, then the officer shall attach the  described property only, and no other property.  Such estate or property shall be so attached in the possession of the officer  to secure, or so to provide,  that the same may be liable to further proceedings thereupon, according  to law. The order shall also direct that the officer summon the defendant  to appear and answer the complaint of the plaintiff in court at a specified time  or, at defendant's option, to appear at any time prior thereto and move  the court to set a hearing on the order for the attachment or affidavit;  and that the officer also summon any specified garnishees, to be  and appear in court at a specified time  to answer to what may be held by them for the defendant.    (Source: P.A. 83-707.)
735 ILCS 5/4-111
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 or more of  such joint debtors within its provisions, and amenable to an action for  attachment, then the order for attachment shall be entered against the property  and the effects of such as are so brought within the provisions of Part  1 of Article IV of this Act; and the officer shall be also directed to summon, all  defendants to the action, whether the action for attachment is against them or not,  to answer the action, as in other cases of joint defendants.    (Source: P.A. 83-707.)
735 ILCS 5/4-112
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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, moneys and effects of the debtor, or upon any lands and  tenements in and to which such debtor has or may claim any equitable  interest or title, of sufficient value to satisfy the claim sworn to,  with costs of the action.Except as provided in Section 4-116 of this Act, the order  for attachment  may be levied only in the county in which the order is entered, and by a  proper officer of that county.    (Source: P.A. 83-707.)
735 ILCS 5/4-113
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 such land  is situated; and from and after the filing of the same, such levy shall  take effect, as to creditors and bona fide purchasers, without  notice, and not before.    (Source: P.A. 83-707.)
735 ILCS 5/4-114
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 the defendant shall be made as soon as possible after  the entry of the order for attachment upon the property described  in the order, but in no event later than 5 days thereafter.  Failure to  make such service upon the defendant within the time provided shall in the  absence of good cause  shown for such delay, be ground for vacating of the attachment order upon  motion of the defendant made at any time.  The return of the order shall  state the particular manner in which the order was served.  If the certified copy of the order is served upon the defendant less than  10 days before the return day thereof, the defendant shall not be compelled  to appear or plead until 15 days after the return day designated in the  order.  The certified copy of the order for attachment may be  served as a summons upon defendants wherever they may be found in the State, by any  person authorized to serve process in like manner as summons  in other civil cases.      (Source: P.A. 83-707.)
735 ILCS 5/4-115
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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, additional  certified copies of the order for attachment may  be issued by the clerk of court on the application of the plaintiff.(b) Additional certified copies of the order for attachment  may also issue on the application of the  plaintiff where the property attached,  or the property found to be in the possession of the garnishee or  garnishees, is not of a value sufficient to satisfy the claim sworn to,  with costs of the action. The provisions of this subsection shall not be  applicable to cases in which the court order describes specific  property to be attached.(c) When the order for attachment is directed against specific property  of the defendant and only a portion of the property described is  attached, or the property found to be in the possession of the garnishee or  garnishees, is not of a value sufficient to satisfy the claim sworn to,  with costs of action, a certified copy of the order for attachment  against the  remainder of the property described, may be issued by the clerk of court  upon the application of  the plaintiff. A certified copy of the order for attachment may  also issue where additional  specific property is desired to be attached, but before such certified copy  shall issue the plaintiff shall furnish an additional bond in  accordance with Section 4-108 of this Act, in double the value of the  additional specific property. Where an order for attachment covering  specific property has been entered, a certified copy of the order for  attachment may be issued by the clerk of court on the  application of the plaintiff directing the sheriff to attach sufficient  property of the defendant, which, together with the specific property  already attached, if any, will equal the amount of the plaintiff's  claim, and before such certified copy shall issue the  plaintiff shall furnish in accordance with Section 4-107 of this Act an  additional bond in amount double the value of the additional property to  be attached.(d) When an additional certified copy is issued, the defendant shall  be served, if he or she can be found, and return shall be made, and the same  proceedings shall be had, as though such additional certified copy was  the original certified copy.    (Source: P.A. 83-707.)
735 ILCS 5/4-116
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 county from  which such order for attachment issued.    (Source: P.A. 83-707.)
735 ILCS 5/4-117
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 State with the intention of having his or her effects and  personal estate removed out of the State, or intends to depart with such  intention, it shall be lawful for the clerk to issue, and sheriff or  other officer to serve a certified copy of the order for attachment  against such debtor, on a Sunday  as on any other day.    (Source: P.A. 83-707.)
735 ILCS 5/4-118
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 debtor may have property liable to be attached,  which shall be levied as other certified copies of orders for attachment.    (Source: P.A. 83-707.)
735 ILCS 5/4-119
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 possession the  same is found shall enter into bond and security to the officer, to be  approved by the officer, in double the value of the property so attached with  condition that the estate and property shall be forthcoming to  answer the judgment of the court in the action. The sheriff, or other  officer shall return such bond to the court in which the action was  brought, on the day to which such order for attachment is returnable.    (Source: P.A. 83-707.)
735 ILCS 5/4-120
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article IV - Attachment

 (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 like bond and security, in a sum  sufficient to cover the amount due sworn to in behalf of the  plaintiff, with all interest, damages and costs of the action, conditioned  that the defendant will pay the plaintiff the amount of the judgment and  costs which may be entered against him or her in that action,  on a final trial,  within 90 days after such judgment shall be entered or a  recognizance, in substance hereinabove stated, may be taken by the court, and  filed of record, in which case the court shall approve of the security  and the recognizance made to the plaintiff, and upon a forfeiture of  such recognizance judgment may be entered and enforced as in  other cases of recognizance. In either case, the attachment shall be  dissolved, and the property taken restored, and all previous  proceedings, either against the sheriff or against the garnishees, set  aside, and the cause shall proceed as if the defendant had been  seasonably served with a summons.    (Source: P.A. 83-707.)