The complaint shall be filed 10 days before the return day of the certified copy of the order for attachment, and if so filed the defendant, subject to the provisions of Section 4-114 of this Act, shall file his or her answer or otherwise plead on or before that day. If the complaint is not so filed the defendant shall not be compelled to appear or answer until 15 days after the return day designated in the order for attachment and if the complaint is not filed within 5 days after the return day designated in the order for attachment the defendant may, in the discretion of the court have the action dismissed.
4-130.Filing complaint.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe complaint must be filed 10 days before the return day, and missing that deadline shifts the defendant's answer date or can even get the whole action dismissed if the complaint is filed too late.
Full Text of 735 ILCS 5/4-130
Plain-English Summary
Section 4-130 ties the underlying complaint to the attachment order's timetable. The complaint must be filed 10 days before the return day of the certified copy of the order for attachment. If it is filed on time, the defendant -- subject to the service rules in Section 4-114 -- must answer or otherwise plead on or before that return day.
Late filing shifts the schedule in the defendant's favor: if the complaint is not filed 10 days before the return day, the defendant does not have to appear or answer until 15 days after the return day designated in the order. And if the plaintiff waits even longer -- past 5 days after the return day -- the court gains discretion to dismiss the action for failure to timely file the complaint.
Frequently Asked Questions
When must the plaintiff file the complaint in an attachment case?
10 days before the return day of the certified copy of the order for attachment.
What is the defendant's deadline to answer if the complaint is filed on time?
On or before the return day, subject to the service timing rules in Section 4-114.
What happens if the complaint is not filed 10 days before the return day?
The defendant is not compelled to appear or answer until 15 days after the return day designated in the order for attachment.
Can the case be dismissed if the plaintiff files the complaint too late?
Yes. If the complaint is not filed within 5 days after the return day, the court may, in its discretion, dismiss the action.
Does Section 4-114 affect the defendant's answer deadline discussed here?
Yes. Section 4-130 expressly makes the defendant's obligation to answer subject to the provisions of Section 4-114, which governs timing of service on the defendant.
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 complaint filing deadline illinoisattachment dismissal late complaintanswer deadline attachmentfile complaint after attachment order