No change in parties, made by order of court or otherwise, impairs any previous attachment of the estate or body of any person remaining a defendant in the action, or bonds or recognizances of any person remaining a party, either as against such person or his or her sureties, or receipts to an officer for property attached; and, when parties are changed, the court may order new bonds if new bonds are necessary.
2-412.Saving clause as to change of parties.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-412 protects existing attachments, bonds, and receipts when parties in a case change, and lets the court order new bonds if the change makes them necessary.
Full Text of 735 ILCS 5/2-412
Plain-English Summary
When parties to a case change — whether by court order or otherwise — that change doesn't undo any existing attachment of the estate or person of someone who remains a defendant. It also doesn't disturb bonds or recognizances belonging to a person who remains a party, as against that person or their sureties, and it doesn't affect receipts given to an officer for property that was attached.
If a change in parties makes new bonds necessary, the court can order them.
Frequently Asked Questions
What happens to an existing attachment when parties in a case change?
It isn't impaired. No change in parties, whether made by court order or otherwise, affects any previous attachment of the estate or body of a person remaining a defendant in the action.
Do bonds or recognizances stay in effect after a change of parties?
Yes, as to any person remaining a party. The change doesn't impair bonds or recognizances of that person, either against the person or against their sureties.
What happens to receipts an officer gave for attached property?
They aren't affected by a change of parties under this section.
Can the court require new bonds after a change of parties?
Yes, if new bonds are necessary because of the change, the court may order them.
Does this section apply only to court-ordered changes of parties?
No. It applies to a change in parties made by order of court or otherwise.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: change of parties illinois lawsuitattachment bond after party substitutioneffect of substituting parties on bonds