The officer shall also serve a certified copy of the order upon the defendant therein, if he or she can be found, in like manner as provided for service of summons in other civil cases. Such service upon the defendant shall be made as soon as possible after the entry of the order for attachment upon the property described in the order, but in no event later than 5 days thereafter. Failure to make such service upon the defendant within the time provided shall in the absence of good cause shown for such delay, be ground for vacating of the attachment order upon motion of the defendant made at any time. The return of the order shall state the particular manner in which the order was served. If the certified copy of the order is served upon the defendant less than 10 days before the return day thereof, the defendant shall not be compelled to appear or plead until 15 days after the return day designated in the order. The certified copy of the order for attachment may be served as a summons upon defendants wherever they may be found in the State, by any person authorized to serve process in like manner as summons in other civil cases.
4-114.Serving defendant.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe officer must also serve the defendant personally with a certified copy of the order, generally within 5 days of attaching the property, and a late or missed service can get the attachment vacated or push back the defendant's deadline to appear.
Full Text of 735 ILCS 5/4-114
Plain-English Summary
Section 4-114 protects a defendant's right to notice separately from the seizure of property. The officer must serve a certified copy of the order on the defendant, if the defendant can be found, using the same method as ordinary summons service. That service must happen as soon as possible after the property is attached, and no later than 5 days afterward.
Missing that 5-day window carries a real consequence: absent good cause for the delay, it becomes grounds for the defendant to move to vacate the attachment order at any time. The officer's return must describe exactly how service was made.
Timing also affects the defendant's answer deadline. If the certified copy is served less than 10 days before the return day, the defendant does not have to appear or plead until 15 days after that return day. And service is not limited to the county of the levy -- the certified copy may be served on the defendant anywhere in the state, by anyone authorized to serve civil process.
Frequently Asked Questions
How soon must the defendant be served after property is attached?
As soon as possible, and no later than 5 days after the entry of the order upon the property described in it.
What happens if the officer misses the 5-day deadline for serving the defendant?
Absent good cause shown for the delay, the missed deadline becomes grounds for the defendant to move to vacate the attachment order at any time.
Does the officer's return need to describe how service happened?
Yes. Section 4-114 requires the return to state the particular manner in which the order was served on the defendant.
What if the defendant is served close to the return day?
If service happens less than 10 days before the return day, the defendant does not have to appear or plead until 15 days after that return day.
Is service on the defendant limited to the county where property was attached?
No. The certified copy of the order may be served on the defendant anywhere in the state, using the same method as summons service in other civil cases.
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: serving defendant attachment illinoisvacate attachment late serviceattachment service deadlinedefendant appearance deadline attachment