If the plaintiff does not object to the bond taken by the sheriff, or the objections are not sustained, and such bond is forfeited, the plaintiff in the attachment may bring an action thereon in his or her own name, the same as if such bond had been assigned to him or her, and judgment shall be entered for the plaintiff against the obligors in the bond for the value of the property, or if the property is greater than the amount due upon the judgment, then for the amount due and costs of the action.
4-123.Action on bond.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a properly taken bond ends up forfeited, the plaintiff can sue on it directly, in the plaintiff's own name, and recover the value of the property or the amount due, whichever is less.
Full Text of 735 ILCS 5/4-123
Plain-English Summary
Section 4-123 gives the plaintiff a direct path to collect on a bond that was properly taken but breached. If the plaintiff does not object to the bond the sheriff took, or any objections raised are not sustained, and the bond is forfeited, the plaintiff may bring an action on that bond in the plaintiff's own name -- treated as though the bond had been assigned to the plaintiff.
Judgment on that action runs against the obligors on the bond, for the value of the property if the property's value does not exceed the judgment, or for the amount due plus costs if the property turns out to be worth more than the judgment.
Frequently Asked Questions
Who can sue on a forfeited attachment bond?
The plaintiff in the attachment, suing in the plaintiff's own name as if the bond had been assigned, once the bond is forfeited and any objections to it have failed or were never raised.
How much can the plaintiff recover in an action on the bond?
The value of the property if that value does not exceed the judgment, or the amount due plus costs of the action if the property's value is greater than the amount due.
What must happen before the plaintiff can sue on the bond under this section?
The plaintiff must not have objected to the bond, or any objections must not have been sustained, and the bond must be forfeited.
Who is the defendant in an action brought under Section 4-123?
The obligors on the bond -- the parties who signed it as principal or surety -- rather than the sheriff personally.
Does the plaintiff need a formal assignment of the bond to sue on it?
No. Section 4-123 lets the plaintiff sue as though the bond had been assigned, without describing any separate assignment document being required.
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: action on attachment bond illinoisforfeited bond lawsuitsue obligors attachment bondsue on forfeited bond