4-112.Serving of order.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/4-112
Plain-English Summary
Section 4-112 sets the mechanics for levying the order for attachment. The officer must act without delay, serving the order on the property described in it, or, if no property is described, on the debtor's lands, tenements, goods, chattels, rights, credits, moneys, and effects -- including any land in which the debtor holds or claims only an equitable interest or title. The officer takes only as much as is of sufficient value to satisfy the sworn claim plus the costs of the action.
The section also fixes the geographic reach of the levy. Except as allowed under Section 4-116, the order for attachment may be levied only in the county where the order was entered, and only by a proper officer of that county.
Frequently Asked Questions
How quickly must the officer levy the order for attachment?
Without delay, once the officer has the order in hand, whether it names specific property or requires the officer to identify sufficient property generally.
Can attachment reach property the debtor holds only an equitable interest in?
Yes. Section 4-112 extends the levy to lands and tenements in which the debtor has or claims an equitable interest or title, not just outright legal ownership.
Where can the officer levy the order for attachment?
Only in the county in which the order was entered, and only by a proper officer of that county, except as provided in Section 4-116.
What is the exception to the county-limited levy rule?
Section 4-116, which allows an officer to pursue and seize property the debtor or someone acting for the debtor is in the act of removing, in any county in the state.
How much property can the officer take under a general (non-specific) order?
Only property of sufficient value to satisfy the claim sworn to, together with the costs of the action -- not the debtor's entire estate regardless of the claim's size.
Amendment History
(Source: P.A. 83-707.)