If it shall appear, by the affidavit, that a debtor is actually absconding, or concealed, or stands in defiance of an officer duly authorized to arrest him or her on civil process, or has departed this State with the intention of having his or her effects and personal estate removed out of the State, or intends to depart with such intention, it shall be lawful for the clerk to issue, and sheriff or other officer to serve a certified copy of the order for attachment against such debtor, on a Sunday as on any other day.
4-117.Serving on Sunday.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen an affidavit shows a debtor is absconding, concealed, defying an officer, or fleeing the state with property, the clerk and officer may issue and serve a certified copy of the attachment order even on a Sunday.
Full Text of 735 ILCS 5/4-117
Plain-English Summary
Section 4-117 removes an old procedural obstacle for the most urgent attachment cases. Ordinarily, court process is not served on a Sunday, but this section makes an exception when the supporting affidavit shows the debtor is absconding, concealed, or standing in defiance of an officer authorized to arrest on civil process, or has departed (or intends to depart) the state with the intention of having personal property and effects removed along.
In those circumstances, the clerk may lawfully issue, and the sheriff or other officer may lawfully serve, a certified copy of the order for attachment on a Sunday just as on any other day.
Frequently Asked Questions
Can an attachment order normally be served on a Sunday in Illinois?
Section 4-117 treats Sunday service as an exception rather than the default, permitting it only when the affidavit shows the debtor is fleeing, concealed, or defiant in the ways the section lists.
What must the affidavit show to allow Sunday service under this section?
That the debtor is absconding or concealed, stands in defiance of an officer authorized to arrest on civil process, or has departed or intends to depart the state with plans to remove personal effects and estate.
Who can issue and serve a Sunday attachment order under this section?
The clerk may lawfully issue the certified copy, and the sheriff or other officer may lawfully serve it, on a Sunday the same as on any other day.
Why would Illinois carve out a Sunday exception just for attachment?
Because the debtor conduct this section addresses -- absconding, active flight from the state, evading service -- can make delay until the next business day costly, so the statute allows immediate action.
Does this section change the grounds needed for attachment itself?
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: sunday service attachment illinoisabsconding debtor attachmentemergency attachment servicesunday attachment order