The court, upon ex parte motion, without notice, supported by affidavit of the plaintiff, his or her agent or attorney, substantially describing the property to be attached, and the value thereof, may, if satisfied of the bona fides of the application and sufficiency of the bond under the circumstances of the case, including proposed garnishments, fix the amount of the bond in double the value of the property to be attached, instead of double the sum sworn to be due, and in such event the order shall direct the officer to attach such specifically described property, but the value of such property to be attached shall not be in excess of an amount sufficient to satisfy the debt claimed and costs. The court may require that such affidavit be supplemented by additional showing, by appraisal or otherwise, as to the value of such property, and may, upon motion of any party to the action claiming an interest in such property, either before or after actual attachment, require additional security, or order release of the attachment to the extent not covered by adequate double security.
4-108.Fixing of bond.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a plaintiff wants to attach specific, described property rather than a broad slice of the debtor's estate, the court may set the bond at double that property's value instead of double the debt, based on an ex parte affidavit describing the property.
Full Text of 735 ILCS 5/4-108
Plain-English Summary
Section 4-108 offers a narrower, more targeted path than the general bond rule in Section 4-107. On an ex parte motion, without notice to the defendant, and supported by the plaintiff's affidavit describing the property to be attached and its value, the court may fix the bond at double the value of that specific property rather than double the sworn debt -- but only if the court is satisfied the application is made in good faith and the bond is adequate given the circumstances, including any garnishments the plaintiff has proposed.
When the court takes this route, the attachment order must direct the officer to attach only the described property, and its value cannot exceed what is needed to cover the debt and costs. The court retains ongoing control: it may require a supplemental showing of value through appraisal or otherwise, and on motion of any interested party -- before or after the property is attached -- it may demand additional security or order the attachment released to the extent it is not backed by adequate double security.
Frequently Asked Questions
How is the bond different under Section 4-108 compared with the general rule?
Instead of double the sworn debt, the court may set the bond at double the value of the specific property described in the plaintiff's affidavit, provided the court is satisfied the application is made in good faith and the bond is sufficient.
Does the defendant get notice before the court fixes this specific-property bond?
No. Section 4-108 allows the court to act on an ex parte motion, without notice to the defendant, based on the plaintiff's supporting affidavit.
Can the officer attach more than the property described in the order?
No. When the order targets specific described property, the officer may attach only that property, and its value cannot exceed what is needed to satisfy the claimed debt and costs.
Can the court later require a bigger bond or release part of the property?
Yes. On motion of any party claiming an interest in the property, made before or after attachment, the court may require additional security or order the attachment released to the extent it exceeds adequate double security.
What role do proposed garnishments play in setting this bond?
The court considers proposed garnishments, along with the described property and its value, in judging whether the bond is sufficient under the circumstances of the case.
Amendment History
(Source: P.A. 82-280.)
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 specific property bondex parte attachment motion illinoisbond for specific property attachmentattach specific property illinois