The defendant may answer, denying the facts stated in the affidavit upon which the order for attachment was entered which answer shall be verified by affidavit; and if, upon the trial thereon, the issue is found for the plaintiff, the defendant may answer the complaint or file a motion directed thereto as in other civil cases, but if found for the defendant, the order for attachment shall be set aside, and the costs of the attachment shall be adjudged against the plaintiff, but the action shall proceed to final judgment as in other civil cases.
4-131.Pleadings.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA defendant can file a verified answer denying the facts behind the attachment, and if the defendant wins that issue, the attachment order is set aside and costs shift to the plaintiff, but the underlying case still proceeds to judgment.
Full Text of 735 ILCS 5/4-131
Plain-English Summary
Section 4-131 lets a defendant contest the attachment on its own terms, separate from defending the underlying claim. The defendant may answer, denying the facts stated in the affidavit that supported the order for attachment, and that answer must itself be verified by affidavit.
The result of trying that issue points the case in different directions depending on who wins. If the issue is found for the plaintiff, the defendant may then answer the complaint or move against it as in any other civil case, and the underlying action continues normally. If the issue is found for the defendant instead, the order for attachment is set aside, and the costs of the attachment are charged against the plaintiff -- but the action itself does not end there; it proceeds to final judgment as in other civil cases.
Frequently Asked Questions
How does a defendant challenge the truth of the facts behind an attachment?
By filing a verified answer denying the facts stated in the affidavit that supported the order for attachment.
What happens if the defendant wins the challenge to the attachment affidavit?
The order for attachment is set aside, and the costs of the attachment are charged against the plaintiff, though the underlying action continues to final judgment.
Does losing the attachment challenge end the defendant's case?
No. If the issue is found for the plaintiff, the defendant may still answer the complaint or move against it as in any other civil case; only the attachment challenge itself is resolved.
Does setting aside the attachment order dismiss the whole lawsuit?
No. Section 4-131 specifies that even when the attachment is set aside, the action proceeds to final judgment as in other civil cases.
How does this differ from the prompt hearing described in Section 4-137?
Section 4-131 describes a verified answer denying the affidavit's facts as part of the pleadings; Section 4-137 provides a separate, faster hearing mechanism the defendant can invoke by motion at any time after the order is entered.
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: challenge attachment affidavit illinoisset aside attachment orderverified answer attachmentanswer denying attachment affidavit