2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 5/ - Code of Civil Procedure. › Article IV - Attachment

(735 ILCS 5/Art. IV heading)
ARTICLE IV
ATTACHMENT
(735 ILCS 5/Art. IV Pt. 1 heading)
Part 1.  
		In General
(735 ILCS 5/4-101) (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) (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 found.
(Source: P.A. 83-707.)
(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, 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; and
4.  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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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.)
(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 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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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)
Part 2.  
		Watercraft
(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 this State, or used in trade
and commerce between ports and places within this State, or having their
home port in this State, shall be subject to a lien thereon, which lien
shall extend to the tackle, apparel and furniture of such craft, as follows:
1.  For all debts contracted by the owner or part     owner, master, clerk, steward, agent or ship's husband of such craft, on account of supplies and provisions furnished for the use of such water craft, on account of work done or services rendered on board of such craft by any seaman, master or other employee thereof, or on account of work done or materials furnished by mechanics, tradesmen or others, in or about the building, repairing, fitting, furnishing or equipping such craft.
2. For all sums due for wharfage, anchorage or dock     hire, including the use of dry docks.
3. For sums due for towage, labor at pumping out or     raising, when sunk or disabled, and to shipshusband or agent of such water craft, for disbursement due by the owner on account of such water craft.
4. For all damages arising for the nonperformance of     any contract of affreightment, or of any contract touching the transportation of property entered into by the master, owner, agent or consignee of such water craft, where any such contract is made in this state.
5. For all damages arising from injuries done to     persons or property by such water craft, whether the same are aboard said vessel or not, where the same shall have occurred through the negligence or misconduct of the owner, agent, master or employee thereon; but the craft shall not be liable for any injury or damage received by one of the crew from another member of the crew.
(Source: P.A. 95-331, eff. 8-21-07.)
(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
collected against the goods, wares and merchandise in the same manner
as hereinafter provided in Part 2 of Article IV of this Act, in cases
of sums due against such water craft.
(Source: P.A. 83-707.)
(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 subsequent incumbrancer, or bona fide purchaser, unless
proceedings are instituted to enforce such lien within 9 months after
the indebtedness accrues or becomes due.
(Source: P.A. 82-280.)
(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
nature of his or her claim, the amount due after allowing all payments and just
offsets, the name of the water craft, and the name and residence of each
owner known to the plaintiff; and when any owner or his or her place of
residence is not known to the plaintiff, he or she shall so state, and that he or she
has made inquiry and is unable to ascertain the same, which complaint
shall be verified by the affidavit of the plaintiff or his or her agent or
attorney.  If the claim is upon an account or instrument in writing, a
copy of the same shall be attached to the complaint.
(Source: P.A. 82-280.)
(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 amount of the claim, with security to be approved by the
court, conditioned that the plaintiff shall prosecute his or
her action with effect, or, in case of failure therein, will pay all costs
and damages which the owner or other person interested in such water craft may
sustain, in consequence of the wrongful suing out of such attachment,
which bond may be sued by any owner or person interested, in the same
manner as if it had been given to such person by his or her proper name. Only
such persons shall be required to join in such suit as have a joint
interest. Others may allege breaches and have assessment of damages, as
in other actions on penal bonds.
(Source: P.A. 84-631.)
(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 sheriff is disqualified or unavailable to
attach such water craft. Such owners may be designated 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. If the
name of any owner is unknown, he or she may be designated as unknown owner.
(Source: P.A. 84-631.)
(735 ILCS 5/4-207) (from Ch. 110, par. 4-207)
Sec. 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 costs, and all such
claims as shall be exhibited against such vessel according to law, and
having attached the same, to summon the owners of such vessel, to be
and appear before the court on a specified date to answer what may
be claimed against them and the vessel.
(Source: P.A. 82-280.)
(735 ILCS 5/4-208) (from Ch. 110, par. 4-208)
Sec. 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 order upon such
defendant as summons is served in other civil cases, and
attaching the vessel, her tackle, apparel and furniture, and shall keep
the same until disposed of as hereinafter provided. The sheriff or
other officer shall also, on or before the return day in such order, or
at any time after the service thereof,
make a return to the court, stating therein particularly
his or her doings in the premises, and shall make, subscribe and annex thereto
a just and true inventory of all the property so attached.
(Source: P.A. 83-707.)
(735 ILCS 5/4-209) (from Ch. 110, par. 4-209)
Sec. 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 craft, unless the first
attachment is discharged, or the vessel is bonded.
(Source: P.A. 83-707.)
(735 ILCS 5/4-210) (from Ch. 110, par. 4-210)
Sec. 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 immediately cause
notice to be given in the same manner as required in other cases of
attachment. The notice shall contain, in addition to that required in
other cases of attachment, a notice to all persons to intervene for
their interests on a day certain, or that the claim will be heard ex
parte.
(Source: P.A. 83-707.)
(735 ILCS 5/4-211) (from Ch. 110, par. 4-211)
Sec. 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 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 the 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 5/4-212) (from Ch. 110, par. 4-212)
Sec. 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 petition, entitled an intervening petition; and any person interested
may be made a defendant at his or her request, or that of any party to the
action, and may defend any petition by filing an answer as hereinafter provided,
and giving security, satisfactory to the court, to pay any costs arising
from such defense; and upon the filing of any intervening petition, a summons,
as hereinbefore provided, shall issue; and if the same shall be returned
not served, notice by publication may be given as hereinabove stated and
several intervening petitioners may be united with each other, or the original,
in one notice.
(Source: P.A. 82-280.)
(735 ILCS 5/4-213) (from Ch. 110, par. 4-213)
Sec. 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 of filing the petition, file with the clerk a bond as in the case of
original attachment.
(Source: P.A. 82-280.)
(735 ILCS 5/4-214) (from Ch. 110, par. 4-214)
Sec. 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, if the same is not so bonded, before order for
distribution of the proceeds of the sale of the craft, and the same proceeding
shall thereupon be had as in the case of claims filed before sale.
(Source: P.A. 82-280.)
(735 ILCS 5/4-215) (from Ch. 110, par. 4-215)
Sec. 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.
(Source: P.A. 82-280.)
(735 ILCS 5/4-216) (from Ch. 110, par. 4-216)
Sec. 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 property attached, having first given notice to the plaintiff, his
or her agent or attorney, of his or her intention to bond the same, may,
at any time before judgment, file with the court in which the action is
pending, a bond to the parties, having previously filed a complaint or intervening
petition against such craft, in a penalty at least double the aggregate
of all sums alleged to be due the several plaintiffs or intervening petitioners,
with security to be approved by the court, conditioned that the obligors
will pay all moneys adjudged to be due such claimants, with costs of the action.
(Source: P.A. 82-280.)
(735 ILCS 5/4-217) (from Ch. 110, par. 4-217)
Sec. 4-217. 
		Appraisement - Restitution - Sale. 
		If the owner, his or
her agent or attorney, or other party in
interest, so elect, in place of bonding, as heretofore provided, such person
may apply to the court upon like notice, for an order
of appraisement of such water-craft so seized, by three competent
persons to be appointed by the court and named in the
order, and upon such party depositing with the clerk the amount of such
appraisement in money, or executing or filing with the clerk a bond for such
amount, executed as provided in the preceding section, the court shall
enter an order of restitution, as provided in the next
section, and if the claimant of such water-craft shall decline any such
application, or neglect within 20 days to accept such appraisement and make
the deposit, or give bond as hereinabove stated, or the property seized
shall be liable to decay, depreciation or injury from delay, the court, in
its discretion, may order the same or part thereof to be sold, and the
proceeds thereof to be brought into court to abide the results of the action.
(Source: P.A. 84-631.)
(735 ILCS 5/4-218) (from Ch. 110, par. 4-218)
Sec. 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 restitution, directing the officer who attached the
water-craft to deliver the same to the person from whose possession it was
taken, and the water-craft shall be discharged from all the
liens secured by such bond or deposit, unless the court,
upon motion, orders it again into custody on account
of the insufficiency or insolvency of the surety.
(Source: P.A. 84-631.)
(735 ILCS 5/4-219) (from Ch. 110, par. 4-219)
Sec. 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 may, by motion
supported by affidavit filed, and upon notice served with copy of such
affidavit and motion, move the court to direct the giving of additional
security, which motion shall be promptly heard and determined, and such
order made therein as justice shall require; and the court may
enforce all orders so made by attachment for contempt against
persons, or by orders against such water-craft, or otherwise.
(Source: P.A. 83-707.)
(735 ILCS 5/4-220) (from Ch. 110, par. 4-220)
Sec. 4-220. 
		Answer - Default. 
		Within 3 days after the return day of summons - if
personally served 10 days before the day on which it is returnable, or
within 13 days after such return day, if personally served less
than 10 days prior thereto, or if not personally served, then within
the time prescribed in the published notice - the owner or any person
interested adversely to the claims mentioned in the notice, unless on
cause shown, further time shall be allowed by the court, shall plead to the complaint
as in other civil cases. If an answer is filed, the
answer shall respond completely and distinctly to each allegation of the
complaint, and shall be supported by affidavit.
If no such answer
or motion, together with an affidavit is filed within the
time above specified, the plaintiff is entitled to an order of default, and
the claim may be proved and judgment entered as in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/4-221) (from Ch. 110, par. 4-221)
Sec. 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 as herein provided,
the judgment shall be entered against the principal and sureties in
the bond. In no case shall the judgment exceed the
penalty of the bond, and the subsequent proceedings shall be the same as
now provided by law in actions in personam.  If
the release has been upon deposit, the judgment shall be paid out of
the deposit.
(Source: P.A. 83-707.)
(735 ILCS 5/4-222) (from Ch. 110, par. 4-222)
Sec. 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 the appurtenances, be
sold at public sale by the sheriff, after notice of the time and place
of the sale, published as herein required in cases of seizure, at least
10 days before such sale. In case of petition filed
prior to distribution, the judgment shall be for payment out of the
proceeds of sale, and in case of claims filed against surplus proceeds,
the judgment, if in favor of the petitioner, shall, in substance, affirm
the claim to be sustained, and direct payment thereof from the surplus
proceeds.
(Source: P.A. 83-707.)
(735 ILCS 5/4-223) (from Ch. 110, par. 4-223)
Sec. 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 judgment, and to
return the certified copy of the order of sale within 24 hours after the
sale, with his or her
doings in the premises, and with proof by affidavit of the requisite
notice, with a copy of such notice.
(Source: P.A. 82-280.)
(735 ILCS 5/4-224) (from Ch. 110, par. 4-224)
Sec. 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 after judgment, from the
purchaser, or in case the purchaser is the plaintiff or an intervenor, upon
receiving so much of the bid as the court directs
by order, reference being had to the relative amount of the
buyer's claim, to deliver such water craft and appurtenances to the
purchaser, with a bill of sale thereof, and to return and to deliver to
the clerk of court the amount received on such sale.
(Source: P.A. 82-280.)
(735 ILCS 5/4-225) (from Ch. 110, par. 4-225)
Sec. 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 such copy can be obtained, and a
copy of the judgment, with the order of sale, or if such craft is sold
pursuant to an order before judgment, a copy of such order shall also be
recited in such bill of sale, certified by the clerk, under the seal of
the court; and such bill of sale shall be full and complete evidence of
the regularity of the judgment or order and sale, in all courts and
places, and shall supersede the necessity of any other proof thereof to
validate the bill of sale; and all bills of sale containing such
recital, and supported by such proof, are effectual to pass the
title of such water craft.
(Source: P.A. 82-280.)
(735 ILCS 5/4-226) (from Ch. 110, par. 4-226)
Sec. 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 of any party in interest
of record, and due notice to the other parties, and after the following
manner:
First - The costs accruing upon all complaints filed before
distribution, and on which judgment  is or may be thereafter entered in
favor of plaintiff.
Second - Seamen's (which term shall include the master) wages due upon
the last two voyages, or if shipped by the month the last two months.
Third - All other claims filed prior to order of distribution on which
judgment may be entered in favor of plaintiff, together with whatever
balance may be due seamen.
(Source: P.A. 83-707.)
(735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
Sec. 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
provided, shall be denominated remnants and surplus proceeds, and where any
claim or complaint is filed against the same as provided in Part 2 of Article IV of this Act, distribution shall be directed by the court
after judgment upon motion and notice, as provided in Section 4-226 of this
Act, and after the following order:
First - All costs upon claims passing into judgment which were filed
after distribution.
Second - All other liens enforceable under Part 2 of Article IV of this
Act against the water
craft prior to distribution.
Third - All claims upon mortgages of such water craft or other
incumbrances by the owner, in proportion to the interest they cover and
priority.
Fourth - Upon petition of the creditor, all judgments against the
owner, and which ought equitably to be paid out of the proceeds in
preference to the owner.
Fifth - The owner.
(Source: P.A. 91-357, eff. 7-29-99.)
(735 ILCS 5/4-228) (from Ch. 110, par. 4-228)
Sec. 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 before distribution, with costs
thereon, and an appeal is taken as provided by law, the court may
order distribution of such portion of the sum brought on sale upon
judgments unappealed from as may seem just and proper.
(Source: P.A. 82-280.)