The order for attachment required in the preceding section shall be directed to the sheriff (and, for purpose only of service of summons, to any person authorized to serve summons), or in case the sheriff is interested, or otherwise disqualified or prevented from acting, to the coroner of the county in which the action is commenced, and shall be made returnable on a return day designated by the plaintiff, which day shall not be less than 10 days or more than 60 days after its date. Such order shall order the officer to attach so much of the estate, real or personal, of the defendant, to be found in the county, as shall be of value sufficient to satisfy the debt and costs, according to the affidavit, but in case any specific property of the defendant, found in the county, shall be described in the order, then the officer shall attach the described property only, and no other property. Such estate or property shall be so attached in the possession of the officer to secure, or so to provide, that the same may be liable to further proceedings thereupon, according to law. The order shall also direct that the officer summon the defendant to appear and answer the complaint of the plaintiff in court at a specified time or, at defendant's option, to appear at any time prior thereto and move the court to set a hearing on the order for the attachment or affidavit; and that the officer also summon any specified garnishees, to be and appear in court at a specified time to answer to what may be held by them for the defendant.
4-110.Order for attachment.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe order for attachment goes to the sheriff or coroner, sets a return day 10 to 60 days out, directs the officer to attach enough of the debtor's property to cover the debt, and separately commands the defendant and any named garnishees to appear in court.
Full Text of 735 ILCS 5/4-110
Plain-English Summary
Section 4-110 describes the order that puts everything else in this Part into motion. It is directed to the sheriff -- or, for purposes of serving the summons alone, to any person authorized to serve summons -- or to the coroner if the sheriff is interested in the case or otherwise disqualified. The plaintiff sets the return day, which must fall no fewer than 10 and no more than 60 days after the order's date.
The order instructs the officer to attach enough of the defendant's real or personal estate found in the county to cover the debt and costs shown in the affidavit. If the order describes specific property, the officer must attach only that property and nothing else. Whatever is attached must be held so that it remains subject to further proceedings under the law.
Beyond the seizure itself, the order does two more things: it directs the officer to summon the defendant to appear and answer the complaint at a specified time, or, at the defendant's option, to appear earlier and move for a hearing on the order or affidavit, and it directs the officer to summon any named garnishees to appear and answer what they hold for the defendant.
Frequently Asked Questions
Who does the officer serve the order for attachment on besides the debtor?
Any garnishees specifically named in the order, who must appear in court at a specified time to answer what they hold for the defendant.
How far out can the return day on an order for attachment be set?
Not less than 10 days and not more than 60 days after the date of the order, as designated by the plaintiff.
What happens if the order for attachment describes specific property?
The officer must attach only the described property and no other property, rather than attaching a broader slice of the defendant's estate found in the county.
Can a defendant challenge the attachment before the scheduled appearance date?
Yes. The order gives the defendant the option to appear at any time before the specified appearance date and move the court to set a hearing on the order or the supporting affidavit.
Who executes the order for attachment if the sheriff cannot?
The coroner of the county where the action is commenced, if the sheriff is interested in the case, disqualified, or otherwise prevented from acting.
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: order for attachment illinoisattachment order return daywho serves attachment orderattachment summons garnishee