When the defendant is notified as hereinabove stated, but not served with an order for attachment within the State, and does not appear and answer the action, judgment by default may be entered, which may be proceeded upon to final judgment as in other cases of default, but in no case shall judgment be entered against the defendant for a greater sum than appears, by the affidavit of the plaintiff, to have been due at the time of obtaining the order for attachment, with interest, damages and costs; and such judgment shall bind, and enforcement had against the property, credits and effects attached, and such judgment shall not be enforced from any other property of the defendant; nor shall such judgment be any evidence of debt against the defendant in any subsequent cases.
4-140.Judgment by default.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a defendant gets constructive notice but is never served in-state and does not appear, a default judgment is capped at the sworn debt and can be enforced only against the attached property, not the debtor generally.
Full Text of 735 ILCS 5/4-140
Plain-English Summary
Section 4-140 limits the reach of a judgment obtained without genuine notice to the defendant. When the defendant has been notified as described in the preceding sections -- through publication and mailing -- but was not served with an order for attachment within the state, and does not appear and answer, a judgment by default may be entered and carried through to final judgment as in other default cases.
But that judgment is bounded in two important ways. It cannot exceed the sum the plaintiff's affidavit showed was due at the time the order for attachment was obtained, with interest, damages, and costs added. And it binds and can be enforced only against the property, credits, and effects that were attached -- not against any other property the defendant owns. The statute adds one more limit: such a judgment is not evidence of debt against the defendant in any later case.
Frequently Asked Questions
When can a default judgment be entered in an attachment case without service in Illinois?
When the defendant has been notified through publication and mailing as required, was not served with an order for attachment within the state, and does not appear and answer the action.
Is there a cap on how much a default judgment under this section can award?
Yes. It cannot exceed the sum shown by the plaintiff's affidavit to have been due at the time the order for attachment was obtained, with interest, damages, and costs added.
What property can be used to enforce a default judgment entered under Section 4-140?
Only the property, credits, and effects that were attached, not any other property the defendant owns.
Can this default judgment be used against the defendant in a later, unrelated case?
No. Section 4-140 states such a judgment is not evidence of debt against the defendant in any subsequent case.
How does this default judgment differ from the judgment described in Section 4-139?
Section 4-139 applies once the defendant is served with the order or appears, allowing enforcement against all of the defendant's property; this section applies when the defendant was never served in-state and limits both the amount and the enforceable property.
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: default judgment attachment illinoislimited attachment judgmentconstructive notice default attachmentlimited default judgment attachment