In all cases where two or more persons are jointly indebted, either as partners or otherwise, and an affidavit is filed as provided in Part 1 of Article IV of this Act, so as to bring one or more of such joint debtors within its provisions, and amenable to an action for attachment, then the order for attachment shall be entered against the property and the effects of such as are so brought within the provisions of Part 1 of Article IV of this Act; and the officer shall be also directed to summon, all defendants to the action, whether the action for attachment is against them or not, to answer the action, as in other cases of joint defendants.
4-111.Attachment against joint debtors.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen two or more people owe a debt jointly, an affidavit that brings only some of them within the attachment grounds lets the order run against just those debtors' property, while the officer still summons every joint defendant to answer.
Full Text of 735 ILCS 5/4-111
Plain-English Summary
Section 4-111 handles the practical wrinkle that arises when joint debtors -- partners or otherwise -- do not all satisfy the grounds for attachment equally. If the plaintiff's affidavit under Part 1 of Article IV brings one or more of the joint debtors within its provisions, and makes them amenable to an attachment action, the order for attachment is entered only against the property and effects of those debtors who are covered.
The remaining joint debtors are not left out of the case entirely, though. The officer must still summon all defendants to the action, whether or not the attachment itself runs against them, so the case proceeds against the full group of joint defendants in the same way it would in any other case involving multiple defendants.
Frequently Asked Questions
Does an attachment affidavit against one joint debtor reach the property of all of them?
No. Section 4-111 limits the order for attachment to the property of the debtors brought within the attachment grounds by the affidavit.
Are joint debtors who are not covered by the attachment still part of the case?
Yes. The officer must summon all defendants to the action, whether the attachment itself runs against them or not, so they remain parties who must answer.
Does this section apply only to business partners?
No. It applies to any two or more persons jointly indebted, whether as partners or otherwise.
What affidavit does this section rely on?
The same affidavit process described generally in Part 1 of Article IV, including Section 4-104, applied here to show that specific joint debtors meet an attachment ground.
Why would the statute split attachment liability among joint debtors this way?
Because attachment grounds like fleeing the state or concealing assets are personal to the debtor engaging in that conduct, so the remedy is confined to the debtors whose conduct the affidavit establishes.
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: joint debtors attachment illinoisattachment against partnerspartial attachment joint defendantsjoint debtor attachment order