If for want of due publication or service the cause is continued, the same proceedings shall be had at a subsequent return day to be fixed by the court, as might have been had at the return day at which the certified copy of the order for attachment was returnable.
4-129.Continuance for want of publication.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a case is delayed because notice or service was not properly completed, the court reschedules the same proceedings for a later return day, as if that had been the original date.
Full Text of 735 ILCS 5/4-129
Plain-English Summary
Section 4-129 handles the housekeeping when publication or service falls through. If, for want of due publication or service, the attachment case is continued, the same proceedings that would have occurred at the original return day instead happen at a later return day the court fixes.
In effect, the case picks up exactly where it would have been, just on a new timetable, rather than starting over or being dismissed for the defect in notice.
Frequently Asked Questions
What happens if an attachment case is continued for lack of proper publication or service?
The court fixes a new, later return day, and the same proceedings that would have occurred on the original return day happen on that later date instead.
Does a continuance under this section restart the case from scratch?
No. It moves the same proceedings to the new return day the court sets, rather than requiring the action to begin again.
Who sets the new return day when a case is continued under Section 4-129?
The court, which fixes the subsequent return day at which the delayed proceedings will take place.
Does this section apply if the defendant was properly served but just did not appear?
No. It applies specifically to a continuance caused by want of due publication or service, not to a defendant's simple failure to appear after proper notice.
How does this section relate to the notice requirements in Section 4-127?
It provides the remedy when the publication or mailing required by Section 4-127 was defective or incomplete, letting the case continue on a corrected timetable instead of failing outright.
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: continuance attachment illinoiswant of publication attachmentreschedule attachment return dayattachment case continuance