4-105.Form of affidavit.

Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceThis section supplies a model affidavit form that courts may follow substantially, walking through the sworn statements a creditor needs to support an attachment claim.

Full Text of 735 ILCS 5/4-105

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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)

Plain-English Summary

Section 4-105 gives practicing lawyers and self-represented creditors a template. It sets out an affidavit form that may be followed substantially -- not word for word -- when preparing the sworn statement Section 4-104 requires.

The form tracks each element that affidavit needs: the affiant's relationship to the creditor, the facts underlying the claim and its amount after credits, the debtor's name, the facts supporting one of the attachment grounds, and the debtor's residence or the affiant's diligent but unsuccessful search for it. It closes with a personal-knowledge attestation and space for the notarizing officer's signature and commission date, plus a note that a tort action needs the court's endorsement of the damages amount.

Frequently Asked Questions

Is the affidavit form in Section 4-105 mandatory word for word?

No. The statute says the affidavit may be substantially in the form given, which allows adaptation to the facts of a given case while keeping the same essential content.

What blanks does the model affidavit ask a creditor to fill in?

The affiant's role, the debtor's name, the facts and amount of the claim after credits and set-offs, the facts supporting an attachment ground, and the debtor's residence or a diligent-inquiry showing it is unknown.

Does the form account for tort actions?

Yes. It notes that where the action sounds in tort, the affidavit should include the court's endorsement of the damages amount for which the order may enter, consistent with the tort procedure in Section 4-104.

Does using this form replace the substantive requirements in Section 4-104?

No. The form is a drafting aid for meeting those requirements, not a substitute for them -- the affidavit still must satisfy every element Section 4-104 lists.

Who swears to the facts in this form?

The form is written for an affiant identified only as "A B," who may be the creditor, or an agent, attorney, partner, or corporate representative acting on the creditor's behalf.

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

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