If the sheriff fails to return a bond taken by virtue of the provisions of Part 1 of Article IV of this Act, or has neglected to take one when he or she ought to have done so, in any attachment entered under any of the provisions of Part 1 of Article IV of this Act, the plaintiff in the attachment may cause a rule to be entered at any time during the first 10 days after the day on which the order is returnable requiring the sheriff to return the bond; or in case no bond has been taken, to show cause why such bond was not taken. If the sheriff does not return the bond within one day thereafter, or show legal and sufficient cause why the bond has not been taken, judgment shall be entered against the sheriff for the amount of the plaintiff's claim, with costs of the action. Enforcement may thereupon be had after judgment is entered against the defendant in the attachment action.
4-121.Neglect of officer to take bond.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf the sheriff fails to return a bond that should have been taken, the plaintiff can force the sheriff to return it or explain why not, and a sheriff who does neither within a day faces judgment for the full claim.
Full Text of 735 ILCS 5/4-121
Plain-English Summary
Section 4-121 holds the sheriff accountable for the bond obligations created elsewhere in this Part. If the sheriff fails to return a bond taken under Part 1 of Article IV, or neglected to take one when required, the plaintiff may obtain a rule against the sheriff within the first 10 days after the order's return day. That rule requires the sheriff to return the bond, or, if none was taken, to show cause why not.
The consequence for noncompliance is direct: if the sheriff does not return the bond within one day after the rule, or fails to show legal and sufficient cause for not taking one, judgment is entered against the sheriff for the amount of the plaintiff's claim plus costs. Enforcement may then proceed once judgment is also entered against the defendant in the underlying attachment action.
Frequently Asked Questions
What can a plaintiff do if the sheriff never returns the required bond?
Obtain a rule, within the first 10 days after the order's return day, requiring the sheriff to return the bond or show cause why it was not taken.
What happens if the sheriff ignores that rule?
If the sheriff does not return the bond within one day, or fails to show legal and sufficient cause for not taking one, judgment is entered against the sheriff for the amount of the plaintiff's claim, with costs.
When can the plaintiff enforce a judgment entered against the sheriff under this section?
After judgment is also entered against the defendant in the attachment action.
Does this section apply only when the sheriff took no bond at all?
No. It covers both the sheriff's failure to return a bond that was taken and the sheriff's neglect to take one when required.
How much time does the plaintiff have to seek this rule against the sheriff?
The rule must be entered within the first 10 days after the day on which the order is returnable.
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: sheriff failed to take bond illinoisrule against sheriff attachmentjudgment against sheriff attachmentsheriff neglect bond attachment