Article IV. Attachment · Part 1. In General · Last amended 1999 · Last verified July 20, 2026
In one sentenceThis section spells out the exact promise an attachment bond makes -- to prosecute the case or pay the defendant's costs and any damages for a wrongful attachment -- and applies that same promise to every additional certified copy of the order.
Full Text of 735 ILCS 5/4-109
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The condition of the bond shall be applicable to additional certified copies of the order for attachment as well as to the first certified copy of the order for attachment and shall be substantially in the following form:
The condition of this obligation is such, that whereas the plaintiff has on (insert date) applied for an order for attachment in the above entitled action of .... against the estate of the above named ..... Now, if the .... shall prosecute the action with effect, or in the case of failure therein shall satisfy all costs which may be awarded to .... or to any person or persons interested in the property attached, and all damages and costs which shall be recovered against the plaintiff for wrongfully obtaining the order for attachment, then the above obligation to be void; otherwise to remain in full force and effect.
Additional bonds shall not be required for obtaining additional certified copies, except as provided in Section 4-115 of this Act.
Plain-English Summary
Section 4-109 supplies the operative language for the bond required under Section 4-107. The condition covers not just the first certified copy of the order for attachment, but any additional certified copies issued later.
The form itself commits the bonded party to prosecute the action with effect or, failing that, to satisfy all costs awarded to the defendant or anyone else interested in the attached property, plus all damages and costs recovered against the plaintiff for wrongfully obtaining the order. If those conditions are met, the bond becomes void; if not, it remains in full force.
The section also clarifies that obtaining additional certified copies of the order does not require a fresh bond in every instance -- except where Section 4-115 specifically calls for one.
Frequently Asked Questions
What promise does the attachment bond's condition make?
That the plaintiff will prosecute the action with effect, or else pay all costs awarded to the defendant or other interested parties and any damages and costs recovered against the plaintiff for wrongfully obtaining the order.
Does the same bond condition apply to every additional certified copy of the order?
Yes. Section 4-109 states the condition is applicable to additional certified copies as well as the first certified copy of the order for attachment.
Do plaintiffs need a new bond every time an additional certified copy of the order is issued?
Not generally. Section 4-109 says additional bonds are not required for obtaining additional certified copies, except as provided in Section 4-115.
What happens to the bond if the plaintiff wins the case?
Under the stated condition, the obligation becomes void once the plaintiff prosecutes the action with effect, meaning the bond imposes no further liability.
When would a bond given under this section be paid out?
When the plaintiff fails to prosecute the action with effect and instead owes costs to the defendant or others interested in the property, or damages and costs for wrongfully obtaining the order.
Amendment History
(Source: P.A. 91-357, eff. 7-29-99.)
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 condition illinoisattachment bond formadditional certified copy bondbond condition attachment