Subject to the requirements of Section 4-137 of this Act, no order for attachment shall be vacated, nor the property taken thereon restored, nor any garnishee discharged, nor any bond by him or her given canceled, nor any rule entered against the sheriff discharged, on account of any insufficiency of the original affidavit, order for attachment or attachment bond, if the plaintiff, or some credible person for him, her or it shall cause a legal and sufficient affidavit or attachment bond to be filed, or the order to be amended, in such time and manner as the court shall direct; and in that event the cause shall proceed as if such proceedings had originally been sufficient.
4-132.Amendments.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA defect in the original affidavit, order, or bond does not doom an attachment case, since the plaintiff can fix it by filing a corrected affidavit or bond, or amending the order, as the court directs.
Full Text of 735 ILCS 5/4-132
Plain-English Summary
Section 4-132 is a curative provision that keeps minor paperwork problems from derailing an otherwise valid attachment. Subject to the requirements of Section 4-137, an order for attachment will not be vacated, attached property restored, a garnishee discharged, a garnishee's bond canceled, or a rule against the sheriff discharged, just because the original affidavit, order for attachment, or attachment bond was insufficient.
The fix is plain: the plaintiff, or some credible person acting for the plaintiff, files a legally sufficient affidavit or attachment bond, or amends the order, in whatever time and manner the court directs. Once that happens, the case proceeds as if the original filings had been sufficient from the start.
Frequently Asked Questions
Does an insufficient affidavit automatically doom an attachment case?
No. Section 4-132 allows the plaintiff to cure the defect by filing a legally sufficient affidavit or bond, or amending the order, as the court directs.
What consequences does this section protect against when an original filing was insufficient?
It protects against vacating the order, restoring the attached property, discharging a garnishee or the garnishee's bond, and discharging a rule entered against the sheriff.
Who can file the corrected affidavit or bond under this section?
The plaintiff, or some credible person acting for the plaintiff.
What is the effect once a corrected affidavit or bond is filed?
The cause proceeds as if the original affidavit, order, or bond had been sufficient from the beginning.
Does this curative section override the hearing rights in Section 4-137?
No. The section is expressly made subject to the requirements of Section 4-137, so the defendant's right to a prompt hearing on the attachment is not displaced by this amendment provision.
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: amend attachment affidavit illinoiscure defective attachment bondfix insufficient attachment orderamend attachment order