At any time after the entry of an order for attachment, upon motion of the defendant, the court shall set a hearing on the order or affidavit. The hearing shall be held as soon as possible after the motion by the defendant, but shall not be more than 5 days after service of notice on the plaintiff. At the hearing, either party may introduce affidavits or oral testimony. The order for attachment shall be vacated unless the plaintiff shows by a preponderance of evidence that a cause for the entry of the order exists, and unless the plaintiff demonstrates to the court the probability that he, she or it will ultimately prevail in the action.
4-137.Prompt hearing.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA defendant can force a fast hearing on the attachment at any time by motion, and the order gets vacated unless the plaintiff proves a ground for attachment by a preponderance of the evidence and shows a likely win on the merits.
Full Text of 735 ILCS 5/4-137
Plain-English Summary
Section 4-137 is one of the strongest debtor protections in this Part. At any time after an order for attachment is entered, the defendant may move for a hearing on the order or the affidavit behind it, and the court must set that hearing. It has to happen as soon as possible, and no more than 5 days after notice of the motion is served on the plaintiff.
The hearing itself is a real evidentiary proceeding: either party may introduce affidavits or oral testimony. The standard favors vacating the attachment. The order must be set aside unless the plaintiff proves, by a preponderance of the evidence, that a cause for the order under Section 4-101 exists, and unless the plaintiff also demonstrates to the court the probability of ultimately prevailing in the action.
Frequently Asked Questions
How quickly must a court hold a hearing once the defendant moves for one under Section 4-137?
As soon as possible after the motion, and not more than 5 days after notice is served on the plaintiff.
What evidence can be presented at this hearing?
Either party may introduce affidavits or oral testimony.
What must the plaintiff prove to keep the attachment order in place at this hearing?
That a cause for the order exists under Section 4-101, proved by a preponderance of the evidence, and that the plaintiff will probably ultimately prevail in the action.
What happens if the plaintiff cannot meet that burden at the hearing?
The order for attachment must be vacated.
Can the defendant request this hearing at any point in the case?
Yes. Section 4-137 allows the motion at any time after the entry of the order for attachment.
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: prompt hearing attachment illinoisvacate attachment hearingpreponderance evidence attachmentattachment due process hearing