In all cases of attachment, any person, other than the defendant, claiming the property attached, or garnisheed may intervene, verifying his or her petition by affidavit, without giving bond, but such property shall not thereby be replevied; and the court shall immediately (unless good cause be shown by either party for a continuance) direct a jury to be impaneled to inquire into the right of the property. In all cases where the jury finds for the claimant, and that such claimant is also entitled to the possession of all or any part of such property, the court shall enter judgment for such claimant accordingly and order the property attached or garnisheed to which such claimant is entitled to be delivered to such claimant, and the payment of his or her costs in such action. In cases where the jury finds for a claimant but further finds that such claimant is not then entitled to the possession of any such property, such claimant shall be entitled to his or her costs; and where the jury find for the plaintiff in the attachment, such plaintiff shall recover his or her costs against such claimant. If such claimant is a non-resident of the State he or she shall file security for costs as in cases of non-resident plaintiffs.
4-134.Intervention.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSomeone other than the debtor who claims the attached or garnisheed property can intervene without posting bond, triggering a jury trial on ownership, with costs and possession decided based on what the jury finds.
Full Text of 735 ILCS 5/4-134
Plain-English Summary
Section 4-134 gives a third party -- not the defendant -- a way to protect a claim to property caught up in someone else's attachment case. That person may intervene by verifying a petition with an affidavit, without giving bond, though intervening this way does not replevy the property out of the officer's custody. Once the petition is filed, the court must immediately impanel a jury to decide the right to the property, unless good cause for a continuance is shown by either party.
The jury's findings drive the outcome. If the jury finds for the claimant and that the claimant is entitled to possession of all or part of the property, the court enters judgment for the claimant, orders the property delivered, and awards the claimant costs. If the jury finds for the claimant but concludes the claimant is not currently entitled to possession, the claimant still recovers costs. If the jury instead finds for the plaintiff in the attachment, that plaintiff recovers costs against the claimant.
A nonresident claimant faces one added burden: filing security for costs, the same as a nonresident plaintiff would in any other case.
Frequently Asked Questions
Who can intervene in an attachment case to claim the attached property?
Any person, other than the defendant, who claims the property attached or garnisheed, by verifying a petition with an affidavit and without giving bond.
Does intervening under this section immediately return the property to the claimant?
No. Section 4-134 specifically states the property is not thereby replevied; the claimant's rights are instead resolved through a jury determination.
How is the dispute over the claimant's property right resolved?
The court impanels a jury to inquire into the right of the property, immediately unless good cause for a continuance is shown by either party.
What happens if the jury finds for the claimant but says the claimant cannot yet possess the property?
The claimant is still entitled to recover costs, even though the court does not order the property delivered at that time.
Does a nonresident claimant face any extra requirement to intervene?
Yes. A nonresident claimant must file security for costs, as required of nonresident plaintiffs in other cases.
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: intervention attachment illinoisthird party claim attached propertyjury trial attachment ownershipclaim ownership attached property