The officer serving the order for attachment shall take and retain the custody and possession of the property attached, to answer and abide by the judgment of the court, unless the person in whose possession the same is found shall enter into bond and security to the officer, to be approved by the officer, in double the value of the property so attached with condition that the estate and property shall be forthcoming to answer the judgment of the court in the action. The sheriff, or other officer shall return such bond to the court in which the action was brought, on the day to which such order for attachment is returnable.
4-119.Forthcoming bond.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe officer keeps custody of attached property to satisfy the eventual judgment unless the person holding it posts a forthcoming bond in double the property's value, which the officer must return to court by the return day.
Full Text of 735 ILCS 5/4-119
Plain-English Summary
Section 4-119 governs what happens physically to property after it is attached. The officer serving the order keeps custody and possession of it, holding it to answer and abide by whatever judgment the court eventually enters.
There is a way around that custody, though. If the person in whose possession the property was found enters into a bond -- approved by the officer, in double the property's value -- conditioned on the property being forthcoming to answer the judgment, the officer releases it. The sheriff or other officer must then return that bond to the court where the action was brought, by the day the order for attachment is returnable.
Frequently Asked Questions
Who keeps possession of property once it is attached?
The officer who served the order for attachment, unless the person found in possession posts a forthcoming bond as described in Section 4-119.
How large must a forthcoming bond be?
Double the value of the property attached, with security approved by the officer.
What does a forthcoming bond promise?
That the estate and property will be forthcoming to answer the judgment of the court in the action, letting the possessor keep the property in the meantime.
What must the officer do with a forthcoming bond once it is given?
Return it to the court in which the action was brought, on the day the order for attachment is returnable.
How does a forthcoming bond differ from the bond described in Section 4-120?
A forthcoming bond under this section keeps the specific property available for the judgment; the bond or recognizance under Section 4-120 instead dissolves the attachment entirely and lets the case proceed as an ordinary civil action.
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: forthcoming bond attachment illinoisrelease attached property bondattachment property custodyofficer custody attached property