Any defendant against whom an order for attachment is entered under Part 1 of Article IV of this Act, may avail himself or herself of any counterclaim as provided in Section 2-608 of this Act.
4-135.Counterclaim.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn attachment defendant is not limited to defending the attachment itself and may raise any counterclaim available under Section 2-608.
Full Text of 735 ILCS 5/4-135
Plain-English Summary
Section 4-135 is a short cross-reference that folds ordinary counterclaim practice into attachment cases. Any defendant against whom an order for attachment is entered under Part 1 of Article IV may avail themselves of any counterclaim provided for in Section 2-608.
Rather than restating counterclaim procedure separately for attachment defendants, the legislature extended the general counterclaim rule to this context, so a defendant facing attachment can pursue affirmative claims against the plaintiff using the same mechanism available in ordinary civil litigation.
Frequently Asked Questions
Can a defendant in an attachment case bring a counterclaim against the plaintiff?
Yes. Section 4-135 allows any defendant against whom an order for attachment is entered to avail themselves of any counterclaim provided for in Section 2-608.
Does attachment come with its own special counterclaim rules?
No. Section 4-135 incorporates the counterclaim provisions of Section 2-608 rather than creating a separate attachment-specific counterclaim procedure.
Is counterclaim availability limited to defendants who successfully challenge the attachment?
Why would the statute cross-reference Section 2-608 instead of restating counterclaim rules?
Doing so keeps the substantive counterclaim rules in one place and applies uniformly, rather than duplicating them separately for attachment defendants.
Does bringing a counterclaim affect the attachment order itself?
Section 4-135 does not address that question; it only confirms the defendant's ability to bring the counterclaim under Section 2-608 within the attachment action.
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: counterclaim in attachment illinoisattachment defendant counterclaimsection 2-608 attachmentcounterclaim attachment defendant