When it shall appear by the affidavit filed or by the return of the officer, that a defendant in any attachment action is not a resident of this State, or the defendant has departed from this State, or on due inquiry cannot be found, or is concealed within this State, so that the order for attachment cannot be served upon him or her, and that property of the defendant has been attached, or that persons having such property or effects, choses in action or credits belonging to defendant, or owing debts to him or her, have been summoned as garnishees, it shall be the duty of the clerk of the court in which the action is pending to give notice, by publication at least once in each week for 3 weeks successively, in some newspaper published in this State, most convenient to the place where the court is held, of such attachment or garnishment, and at whose action, against whose estate, for what sum, and before what court the same is pending, and that unless the defendant shall appear, give bail, and plead within the time limited for his or her appearance in such case, judgment will be entered, and the estate so attached or garnisheed sold or otherwise disposed of as provided by law. Such clerk shall, within 10 days after the first publication of such notice, send a copy thereof by mail, addressed to such defendant, if the place of residence is stated in such affidavit; and the certificate of the clerk that he or she has sent such notice in pursuance of this section, shall be evidence of that fact.
4-127.Notice by publication and mail.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a defendant cannot be served because of nonresidency, flight, or concealment, and property has been attached or garnisheed, the clerk must publish notice weekly for three weeks and mail a copy to any known address.
Full Text of 735 ILCS 5/4-127
Plain-English Summary
Section 4-127 supplies constructive notice for defendants the attachment process cannot reach directly. If the affidavit or the officer's return shows the defendant is not an Illinois resident, has departed the state, cannot be found after due inquiry, or is concealed within the state so the order cannot be served, and property has been attached or persons have been summoned as garnishees, the clerk of the court where the action is pending must publish notice.
That notice runs at least once a week for three consecutive weeks in a newspaper published in Illinois, chosen for convenience to the court's location. It must describe the action -- at whose suit, against whose estate, for what sum, and before what court -- and warn that unless the defendant appears, gives bail, and pleads within the time allowed, judgment will be entered and the attached or garnisheed estate sold or otherwise disposed of as the law provides.
Mailing backs up the published notice. Within 10 days after the first publication, the clerk must mail a copy of the notice to the defendant's stated address, if the affidavit gives one. The clerk's certificate stating that the mailing was done serves as evidence of that fact.
Frequently Asked Questions
When must the clerk publish notice of an attachment or garnishment?
When the affidavit or officer's return shows the defendant is a nonresident, has departed the state, cannot be found after due inquiry, or is concealed so the order cannot be served, and property has been attached or garnisheed.
How often and for how long must the notice run?
At least once a week for three weeks successively, in a newspaper published in Illinois that is most convenient to where the court sits.
What must the published notice tell readers?
At whose suit and against whose estate the action is brought, for what sum, before what court, and that judgment will be entered and the attached or garnisheed estate sold or disposed of unless the defendant appears, gives bail, and pleads in time.
Does the clerk also have to mail notice to the defendant?
Yes, if the affidavit states the defendant's place of residence. The clerk must mail a copy of the notice within 10 days after the first publication.
How is the mailing of notice proven in court?
By the clerk's certificate stating that the notice was sent under this section, which the statute makes evidence of that fact.
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: attachment notice by publication illinoisnotice to nonresident defendant attachmentpublish notice attachment garnishmentconstructive notice attachment illinois