Article IV. Attachment · Part 1. In General · Last amended 2020 · Last verified July 20, 2026
In one sentenceA creditor with a money claim over $20 may attach a debtor's property before or after suing, but only on one of the specific grounds this section lists, from nonresidency to fraud to certain violent-felony convictions against the creditor.
Full Text of 735 ILCS 5/4-101
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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).
Plain-English Summary
Section 4-101 opens Illinois's attachment statute by answering the threshold question: when can a creditor seize a debtor's property before winning a judgment? The claim can rest on contract, tort, or a statutory cause of action, and it can be liquidated or still unsettled in amount. The only dollar floor is that the claim must exceed $20, a figure that reads as a historical artifact but remains the letter of the statute.
What separates attachment from ordinary suit is the list of ten grounds. Several track a debtor who is beyond the court's easy reach: living outside Illinois, dodging service, or leaving the state with plans to take property along. Others target a debtor who still has assets here but is moving them out of a creditor's reach, or who has already moved or hidden property to hinder creditors within the past two years. A separate ground covers debts fraudulently contracted, but only if the debtor's own fraudulent statements were put in writing and signed. The tenth ground is narrower still: it lets a crime victim attach the property of a debtor convicted (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 that same creditor, tying the remedy to the Criminal Victims' Asset Discovery Act.
Ground 11 is marked "(Blank)" -- the legislature repealed its substance but left the numbering in place, a bookkeeping choice rather than a live rule.
Frequently Asked Questions
What must a creditor's claim be worth to seek attachment in Illinois?
The claim must exceed $20. Section 4-101 sets no other minimum, and the claim can be liquidated or unliquidated, in contract or in tort.
Can a creditor attach a debtor's property before filing suit?
Yes. Section 4-101 allows attachment either at the time the action is commenced or afterward, so long as one of the listed grounds applies.
Does moving property out of Illinois automatically justify attachment?
Not by itself. The statute requires that the debtor be removing (or about to remove) property with intent to put it beyond reach, or in a way that injures the creditor -- mere relocation of assets is not enough on its own.
How does the fraud ground for attachment work?
Section 4-101 allows attachment where the debt was fraudulently contracted, but only if the debtor's fraudulent statements were reduced to writing and signed by the debtor, agent, or attorney. An oral misrepresentation does not qualify under this ground.
What is the victim-based ground for attachment under this section?
It applies when the debtor was convicted, 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, making the creditor a "victim" under the Criminal Victims' Asset Discovery Act.
Amendment History
(Source: P.A. 101-235, eff. 1-1-20.)
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:illinois attachment statutegrounds for attachment illinoisprejudgment attachment illinoisattachment against debtorcriminal victims asset discovery act attachmentattachment for fraud illinois