The plaintiff may, within 30 days after the return of such bond, except to the sufficiency thereof, reasonable notice of such exception having been given to the sheriff or other officer who took the same, and if, upon hearing, the court shall adjudge such security insufficient, such sheriff shall be subject to the same judgment and recovery and have the same liberty of defense as if the sheriff had been made defendant in the attachment, unless good and sufficient security shall be given within such time as may be directed by the court, and enforcement may be had thereupon as in other cases of judgment for the payment of money. Whenever the judgment of the plaintiff, or any part thereof shall be paid or satisfied by any such sheriff, he or she shall have the same remedy against the defendant for the amount so paid by him or her as is now provided by law for bail against their principal where a judgment is paid or satisfied by them.
4-122.Neglect to return sufficient bond.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA plaintiff who thinks the sheriff took an inadequate bond can challenge its sufficiency within 30 days, and if the court agrees, the sheriff faces the same liability as if named a defendant unless better security is posted in time.
Full Text of 735 ILCS 5/4-122
Plain-English Summary
Section 4-122 addresses bonds that were taken but are too thin to matter. Within 30 days after the sheriff or other officer returns the bond, the plaintiff may except to its sufficiency, after giving the officer reasonable notice of the exception.
If, after a hearing, the court judges the security insufficient, the sheriff becomes subject to the same judgment and recovery -- and has the same liberty of defense -- as if the sheriff had been made a defendant in the attachment, unless good and sufficient security is given within whatever time the court directs. Once that liability attaches, enforcement follows as in other money judgments.
The section also protects a sheriff who ends up paying the judgment or part of it: that sheriff gets the same remedy against the defendant for the amount paid that the law already gives bail who pay a judgment on their principal's behalf.
Frequently Asked Questions
How long does a plaintiff have to challenge the sufficiency of a bond the sheriff took?
30 days after the sheriff or other officer returns the bond, and the plaintiff must give reasonable notice of the exception to that officer.
What happens if the court agrees the bond's security is insufficient?
The sheriff becomes subject to the same judgment and recovery, and has the same liberty of defense, as if made a defendant in the attachment, unless sufficient security is given within the time the court directs.
Can the sheriff avoid this liability by posting better security after the challenge?
Yes. Giving good and sufficient security within the time the court directs avoids the judgment against the sheriff that would otherwise follow.
What remedy does a sheriff have after paying a judgment under this section?
The same remedy against the defendant for the amount paid that the law provides for bail who pay or satisfy a judgment on behalf of their principal.
How is a judgment against the sheriff under this section enforced?
The same way as in other cases of judgment for the payment of money.
Amendment History
(Source: P.A. 82-280.)
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: insufficient bond attachment illinoischallenge attachment bond sufficiencysheriff liability bad bondexcept to bond sufficiency