Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBefore a court will order attachment, the plaintiff must file a personal-knowledge affidavit proving the claim amount, a Section 4-101 ground, the defendant's residence or its unavailability, and the underlying cause of action -- with an extra oral examination for tort claims.
Full Text of 735 ILCS 5/4-104
Text size
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.
Plain-English Summary
Section 4-104 is the gatekeeping affidavit that every attachment case must clear. The affidavit must rest on the affiant's personal knowledge, and it must show four things: the claim amount after crediting any known set-offs, facts establishing one of the grounds listed in Section 4-101, the defendant's residence (or a diligent-inquiry showing that it could not be found), and facts establishing the cause of action itself.
The plaintiff must also state, in the affidavit or separately, whether the action sounds in tort, and must designate the return day for the summons. If the court finds the affidavit establishes a prima facie case, it enters the order for attachment.
Tort claims get an added layer of scrutiny. Before an order can issue, the plaintiff, agent, or attorney must appear before the circuit court and be examined under oath about the cause of action. The court then endorses the affidavit with the damages amount for which the order may enter, and the plaintiff cannot claim more than that endorsed figure.
Frequently Asked Questions
What four things must the attachment affidavit establish?
The amount of the claim after just credits and set-offs, facts supporting one of the grounds in Section 4-101, the defendant's place of residence or a diligent-inquiry showing it is unknown, and facts establishing the cause of action.
Can someone other than the plaintiff sign the attachment affidavit?
The affidavit must be based on personal knowledge, and the statute contemplates that an agent or attorney may supply it, so long as the affidavit reflects genuine personal knowledge of the facts sworn to.
Why does a tort claim require extra court examination before attachment issues?
Because tort damages are often unliquidated, Section 4-104 requires the circuit court to examine the plaintiff, agent, or attorney under oath about the cause of action, then endorse the affidavit with a capped damages figure before an order can enter.
What happens once the court is satisfied the affidavit shows a prima facie case?
The court enters an order for attachment, which then triggers the bond requirement in Section 4-107 and the procedures for issuing and serving the order in Sections 4-110 and 4-114.
Does the affidavit need to state a return day for the summons?
Yes. Section 4-104 requires the plaintiff to designate the return day for the summons to be issued, alongside the statement of whether the action sounds in tort.
Amendment History
(Source: P.A. 83-707.)
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:attachment affidavit illinoisaffidavit for order of attachmentattachment affidavit requirementsprima facie case attachment