All judgments for the payment of money in actions for attachment against the same defendant, returnable on the same day, and all judgments in other civil cases or orders for attachment against such defendant, recovered within 30 days from the day when the judgment in the first attachment upon which judgment is recovered is entered, shall share pro rata, according to the amount of the several judgments, in the proceeds of the property attached, either in the possession of a garnishee or otherwise. If the property is attached while the defendant is removing the same or after the same has been removed from the county, and the same is overtaken and returned, or while the same is secreted by the defendant, or placed out of his or her possession for the purpose of defrauding his or her creditors, the court may allow the creditor or creditors through whose diligence the same has been secured a priority over other attachment or judgment creditors.
4-142.Division of proceeds.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMultiple judgments against the same defendant returnable the same day, plus other judgments recovered within 30 days of the first attachment judgment, share the attached property's proceeds pro rata, unless a creditor's diligence earns a priority.
Full Text of 735 ILCS 5/4-142
Plain-English Summary
Section 4-142 sorts out competing claims when more than one creditor goes after the same attached property. All judgments for the payment of money in attachment actions against the same defendant, returnable on the same day, share pro rata according to the amount of each judgment, in the proceeds of the attached property -- whether that property sits with a garnishee or elsewhere. The same pro rata sharing extends to other civil judgments or attachment orders against that defendant recovered within 30 days after the judgment in the first attachment case is entered.
The section carves out a reward for diligence. If the property was attached while the defendant was in the act of removing it, or after it had already been removed from the county and was overtaken and returned, or while it was being secreted or placed out of the defendant's possession to defraud creditors, the court may give the creditor or creditors responsible for recovering that property a priority over other attachment or judgment creditors.
Frequently Asked Questions
How do multiple attachment judgments against the same defendant share in the proceeds?
Pro rata, according to the amount of each judgment, when the judgments are in attachment actions against the same defendant returnable on the same day.
Do judgments entered later still share in the proceeds?
Yes, if recovered within 30 days after the judgment in the first attachment upon which judgment is recovered is entered, whether those are other attachment orders or other civil judgments against the same defendant.
When can a creditor get priority over other creditors sharing in attached property?
When the property was attached while the defendant was removing it, was overtaken after already being removed from the county, or was being secreted or placed out of the defendant's possession to defraud creditors -- the court may then give the diligent creditor priority.
Is the pro rata sharing rule automatic, or does a creditor have to ask for priority?
The pro rata rule applies by default; priority based on diligence is something the court may allow, implying it is not automatic but tied to the specific circumstances described.
What kind of judgments does the pro rata rule cover besides attachment judgments?
Other civil case judgments or orders for attachment against the same defendant, so long as they are recovered within the 30-day window this section sets.
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: pro rata attachment proceeds illinoispriority attachment creditormultiple attachment judgments divisionshare attachment proceeds