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.
4-106.Designation of names.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAttachment defendants can be named by their usual or reputed names rather than precise legal names, and this naming rule extends to the heirs, executors, and administrators of a debtor who has died.
Full Text of 735 ILCS 5/4-106
Plain-English Summary
Section 4-106 relaxes the formality of naming parties in attachment cases. It is enough to designate defendants by their reputed names, by surnames, or by whatever names, styles, or titles they are usually known by. Joint defendants may likewise be named by their separate names or by their partnership name.
The same flexibility carries over to a defendant's successors. If a debtor has died, the heirs, executors, and administrators of that defendant remain subject to the attachment provisions in Part 1 of Article IV wherever those provisions can apply to them, using the same relaxed naming approach.
Frequently Asked Questions
Must a plaintiff use a debtor's exact legal name in an attachment action?
No. Section 4-106 allows defendants to be designated by their reputed names, surnames, or whatever name, style, or title they are usually known by.
How are joint defendants or partnerships named under this section?
They may be named by their separate names or by their partnership name, giving the plaintiff flexibility when the precise legal identity of each partner is not fully known.
What happens if the debtor dies before or during an attachment proceeding?
Section 4-106 makes the debtor's heirs, executors, and administrators subject to the attachment provisions in Part 1 of Article IV, to the extent those provisions can apply to them.
Does this section excuse a plaintiff from identifying the right defendant?
No. It only relaxes how that defendant may be designated on paper; the plaintiff still must proceed against the actual debtor or the debtor's proper successor in interest.
Why would attachment need looser naming rules than other civil actions?
Attachment often targets debtors who are absent, concealed, or otherwise hard to identify precisely, so the statute lets a creditor proceed under the name the debtor is commonly known by rather than requiring exact legal precision.
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: naming defendants attachment illinoisreputed name defendantattachment against deceased debtorheirs executors attachment