Where relief is sought under Part 1 of Article IV of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
4-133.Seeking wrong remedy not fatal.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a plaintiff proves the right facts but asked for the wrong remedy, the court lets the pleadings be amended on fair terms and grants the relief the plaintiff has earned, while weighing the defendant's right to raise new defenses or demand a jury.
Full Text of 735 ILCS 5/4-133
Plain-English Summary
Section 4-133 keeps a case from failing on a technicality of form. Where relief is sought under Part 1 of Article IV and the court -- on a motion directed to the pleadings, a motion for summary judgment, or at trial -- determines that the plaintiff has pleaded or established facts entitling the plaintiff to relief, but has sought the wrong remedy, the court must permit the pleadings to be amended on just and reasonable terms, then grant the relief the plaintiff is entitled to under the amended pleadings or the evidence.
Fairness to the defendant is built into the process. In deciding whether a proposed amendment is just and reasonable, the court must consider the defendant's right to raise additional defenses, to demand a jury trial, to plead a counterclaim or third-party complaint, and to have the plaintiff take any additional steps that were not required under the pleadings as they stood before amendment.
Frequently Asked Questions
What does Section 4-133 do when a plaintiff sues under the wrong remedy?
It requires the court to permit the pleadings to be amended on just and reasonable terms and then grant the plaintiff the relief established by the pleadings or the evidence.
At what stages of the case can a court apply this section?
On a motion directed to the pleadings, on a motion for summary judgment, or upon trial.
What must the plaintiff already have shown for this section to apply?
Facts that entitle the plaintiff to relief -- the problem being corrected is the choice of remedy, not a failure to prove the underlying case.
What factors does the court weigh before allowing the amendment?
The defendant's right to assert additional defenses, to demand a jury trial, to plead a counterclaim or third-party complaint, and to require the plaintiff to take additional steps not required under the prior pleadings.
Does this section guarantee the plaintiff will win once the wrong-remedy problem is fixed?
No. It only ensures the pleadings can be amended and that the court grants relief the plaintiff is entitled to under the amended pleadings or the evidence -- the plaintiff still must establish that entitlement.
Amendment History
(Source: P.A. 82-280.)
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: wrong remedy attachment illinoisamend pleadings attachmentseeking wrong remedy not fatalamend pleadings wrong remedy