After the entry of an order for attachment, as hereinabove stated, the court shall take bond and sufficient security, payable to the People of the State of Illinois, for the use of the person or persons interested in the property attached, in double the sum sworn to be due, conditioned for satisfying all costs which may be awarded to such defendant, or to any others interested in the proceedings, and all damages and costs which shall be recovered against the plaintiff, for wrongfully obtaining the attachment order, which bond, with affidavit of the party complaining, or his, her or its agent or attorney, shall be filed in the court entering the order for attachment. Every order for attachment entered without a bond and affidavit taken, is hereby declared illegal and void, and shall be dismissed. Nothing herein contained shall be construed to require the State of Illinois, or any Department of Government thereof, or any State officer, to file a bond as plaintiff in any proceeding instituted under Part 1 of Article IV of this Act.
4-107.Bond.
Article IV. Attachment · Part 1. In General · Last amended 2016 · Last verified July 20, 2026
In one sentenceBefore an attachment order can take effect, the plaintiff must post a bond payable to the State in double the sworn debt, covering the defendant's costs and damages if the attachment turns out to be wrongful -- and any order entered without that bond is void.
Full Text of 735 ILCS 5/4-107
Plain-English Summary
Section 4-107 is the financial guardrail that protects a debtor whose property gets seized before judgment. After the court enters an order for attachment, it must take a bond and sufficient security, payable to the People of the State of Illinois for the benefit of whoever has an interest in the attached property. The bond amount is double the sum sworn to be due, and it is conditioned on paying any costs awarded to the defendant or other interested parties, plus any damages and costs recovered against the plaintiff for wrongfully obtaining the order.
The bond, together with the moving party's affidavit, must be filed in the court that entered the order. The statute is unambiguous about the consequence of skipping this step: an order for attachment entered without a bond and affidavit is illegal and void, and must be dismissed.
The section carves out one exception. The State of Illinois, any department of state government, or any state officer bringing an attachment proceeding need not post a bond as plaintiff.
Frequently Asked Questions
How large must the attachment bond be?
Double the sum sworn to be due under the affidavit supporting the attachment, unless the court has fixed a different bond amount tied to specific property under Section 4-108.
Who is the bond payable to?
The People of the State of Illinois, held for the benefit of whoever turns out to have an interest in the property that gets attached.
What happens if a court enters an attachment order without requiring a bond?
Section 4-107 declares such an order illegal and void, and requires that it be dismissed.
What does the bond guarantee?
It guarantees payment of costs awarded to the defendant or other interested parties, and any damages and costs recovered against the plaintiff for wrongfully obtaining the order for attachment.
Does the State of Illinois have to post a bond when it seeks attachment?
No. Section 4-107 exempts the State, its departments, and state officers from the bond requirement when they are the plaintiff in an attachment proceeding.
Amendment History
(Source: P.A. 99-744, eff. 8-5-16.)
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 bond illinoisattachment bond amountwrongful attachment bondattachment bond requirementvoid attachment order no bond