Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen attached goods are perishable and at risk of waste, the officer holding them can demand the plaintiff obtain a quick court-ordered sale, and if the plaintiff refuses, the officer is off the hook for any resulting loss.
Full Text of 735 ILCS 5/4-125
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When any goods and chattels are levied on by virtue for any order of attachment, and the sheriff or other officer having custody of such goods and chattels is of the opinion that they are of a perishable nature and in danger of immediate waste or decay, such sheriff or other officer shall demand that the plaintiff in such attachment obtain from the court which entered the order for attachment an order permitting such property to be sold not later than 24 hours after the levy has been made, upon due notice of sale to the defendant and to the public as the court in its order shall require. The money derived from such sale shall be applied to satisfy the judgment entered in the attachment action, and deposited with the clerk of the court to which the certified copy of the order for attachment is returnable.
If the plaintiff in the attachment fails or refuses to obtain such an order for sale of perishable property, the sheriff or other officer making the levy shall be absolved of all responsibility to any person for loss occasioned by the failure to sell or care for such perishable property. The demand of the sheriff or other officer shall be in writing and shall be delivered to the plaintiff or his or her attorney or agent, and to the defendant if found. If defendant is not found, a copy of the demand shall be posted on the premises where the perishable items are located. Plaintiff's motion for an order of sale of perishable property shall be treated as an emergency motion.
Plain-English Summary
Section 4-125 addresses attached property that will not keep. When levied goods and chattels appear to the sheriff or other officer to be of a perishable nature and in danger of immediate waste or decay, the officer may demand that the plaintiff obtain a court order permitting a sale within 24 hours of the levy, after due notice to the defendant and to the public as the court's order requires. Proceeds from that sale go toward satisfying the judgment and must be deposited with the clerk of the court to which the certified copy of the order is returnable.
If the plaintiff fails or refuses to seek that sale order, the officer is absolved of all responsibility to anyone for any loss caused by not selling or caring for the perishable property. The officer's demand must be in writing, delivered to the plaintiff or the plaintiff's attorney or agent, and to the defendant if the defendant can be found; if not, a copy must be posted on the premises where the perishable items are located. Once the plaintiff moves for a sale order, the statute requires that motion be treated as an emergency motion.
Frequently Asked Questions
What can an officer do if attached goods are perishable and at risk of spoiling?
Demand that the plaintiff obtain a court order permitting the property to be sold no later than 24 hours after the levy, with notice to the defendant and the public as the court requires.
What happens if the plaintiff refuses to seek a sale order for perishable property?
The officer is absolved of all responsibility to any person for loss caused by failing to sell or care for the perishable property.
How is the officer's demand for a sale order supposed to be delivered?
In writing, delivered to the plaintiff or the plaintiff's attorney or agent and to the defendant if found; if the defendant cannot be found, a copy is posted on the premises where the perishable items sit.
What happens to the proceeds once perishable property is sold?
They are applied to satisfy the judgment entered in the attachment action and deposited with the clerk of the court to which the certified copy of the order is returnable.
How quickly must a court act on a motion to sell perishable attached property?
The statute requires the plaintiff's motion for an order of sale of perishable property to be treated as an emergency motion.
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:perishable property attachment illinoisemergency sale attached goodsperishable goods 24 hour salesell perishable attached property