Upon the return of certified copies of orders for attachment issued in aid of actions pending, unless it shall appear that the defendant or defendants have been served with process in the original action, notice of the pendency of the action, and of the issue and levy of the order for attachment, shall be given as is required in cases of original attachment; and such notification shall be sufficient to entitle the plaintiff to judgment, and the right to proceed thereon against the property and estate attached, and against garnishees, in the same manner and with like effect as if the action had been commenced as an original action for attachment.
4-138.Proceedings in aid.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a certified copy of an order for attachment is issued to aid an already-pending action, the same notice used in an original attachment gives the plaintiff full rights to judgment and enforcement against the attached property and garnishees.
Full Text of 735 ILCS 5/4-138
Plain-English Summary
Section 4-138 extends the attachment machinery to actions already underway. When certified copies of orders for attachment are issued in aid of pending actions, and the defendant has not been served with process in the original action, notice of the action's pendency and of the issuance and levy of the order must be given -- using the same notice process required for an original attachment.
That notice, once given, is enough to entitle the plaintiff to judgment and to proceed against the attached property and estate, and against any garnishees, in the same manner and with the same effect as if the case had begun as an original attachment action.
Frequently Asked Questions
What triggers the notice requirement described in Section 4-138?
Certified copies of orders for attachment being issued in aid of an already-pending action, where the defendant has not been served with process in that original action.
What kind of notice must be given in an aid-of-action attachment?
The same notice of the pendency of the action, and of the issue and levy of the order for attachment, required in cases of original attachment.
What does proper notice under this section entitle the plaintiff to do?
Proceed to judgment and enforce it against the attached property and estate, and against garnishees, the same as if the action had been commenced as an original attachment.
Does this section apply if the defendant was already served with process in the original action?
No. The notice requirement applies unless it appears the defendant has already been served with process in the original action.
How does an aid-of-action attachment under this section differ from an original attachment?
The underlying action is already pending rather than newly commenced, but once notice is given, the effect and available relief are the same as in an original attachment proceeding.
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: proceedings in aid attachment illinoisattachment aid of pending actionaid of action notice attachmentattachment in aid of pending action