Any defendant in attachment, desiring the return of property attached, may, at his or her option, instead of or in substitution for the bond required in the preceding section, give like bond and security, in a sum sufficient to cover the amount due sworn to in behalf of the plaintiff, with all interest, damages and costs of the action, conditioned that the defendant will pay the plaintiff the amount of the judgment and costs which may be entered against him or her in that action, on a final trial, within 90 days after such judgment shall be entered or a recognizance, in substance hereinabove stated, may be taken by the court, and filed of record, in which case the court shall approve of the security and the recognizance made to the plaintiff, and upon a forfeiture of such recognizance judgment may be entered and enforced as in other cases of recognizance. In either case, the attachment shall be dissolved, and the property taken restored, and all previous proceedings, either against the sheriff or against the garnishees, set aside, and the cause shall proceed as if the defendant had been seasonably served with a summons.
4-120.Bond or recognizance to pay judgment.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA defendant can dissolve the attachment entirely and get the property back by posting a bond or recognizance to pay the eventual judgment within 90 days, which restores the case to an ordinary civil action.
Full Text of 735 ILCS 5/4-120
Plain-English Summary
Section 4-120 gives an attachment defendant a more complete alternative to the forthcoming bond in Section 4-119. Instead of (or as a substitute for) that bond, the defendant may give a bond and security sufficient to cover the amount sworn due, along with interest, damages, and costs. That bond is conditioned on paying the plaintiff whatever judgment and costs are ultimately entered, within 90 days after judgment.
A recognizance in the same substance may be taken by the court and filed of record instead, with the court approving the security. If that recognizance is later forfeited, judgment may be entered and enforced on it the same as in other recognizance cases.
Either route -- bond or recognizance -- has a sweeping effect: the attachment is dissolved, any property taken is restored to the defendant, and all previous proceedings against the sheriff or against garnishees are set aside. From that point, the case proceeds as though the defendant had been served with an ordinary summons all along.
Frequently Asked Questions
What does posting a bond under Section 4-120 accomplish for the defendant?
It dissolves the attachment, restores any property that was taken, sets aside previous proceedings against the sheriff or garnishees, and lets the case proceed as if the defendant had been served with a summons all along.
How large must this bond be, and what does it cover?
A sum sufficient to cover the amount sworn due, plus interest, damages, and costs of the action, conditioned on paying the resulting judgment and costs within 90 days after judgment is entered.
Can the defendant use a recognizance instead of a bond?
Yes. The court may take a recognizance of the same substance, approve the security, and file it of record; a forfeiture of that recognizance leads to judgment enforced as in other recognizance cases.
Does giving this bond admit the attachment was properly obtained?
No such admission is stated. The section describes the bond as an option the defendant may choose at their discretion, in place of leaving the property attached or bonded under Section 4-119.
How long does the defendant have to pay the judgment once entered?
90 days after the judgment is entered, under the condition stated in the bond.
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: dissolve attachment bond illinoisrecognizance attachment illinoisrelease attachment defendant bondpay judgment 90 days attachment