When any live stock is levied upon in any attachment proceeding, the plaintiff may apply to the court in which the action is pending for an order of sale thereof, and if it shall appear that the stock is fit for market, or that if not sold will depreciate in value, then the court shall order a sale of the property on such terms as shall seem proper, and the proceeds shall be deposited with the clerk of the court in which the action is pending until determined by the court, and then be paid to the successful party in the action.
4-145.Sale of live stock.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen levied livestock is fit for market or would lose value if kept, the plaintiff may ask the court to order it sold, with the proceeds held by the clerk until the court decides who wins and pays out accordingly.
Full Text of 735 ILCS 5/4-145
Plain-English Summary
Section 4-145 gives the plaintiff a way to convert seized livestock into cash before the case ends, when waiting would hurt the property's value. When livestock is levied on in an attachment proceeding, the plaintiff may apply to the court where the action is pending for an order to sell it.
The court steps in if the livestock is fit for market, or would depreciate in value if not sold. In that case, the court orders a sale on whatever terms seem proper. The proceeds are then deposited with the clerk of the court where the action is pending, held until the court makes its determination, and finally paid to the party who prevails in the action.
Frequently Asked Questions
When can a plaintiff apply to sell livestock levied on in an attachment case?
At any time after the livestock is levied on, by applying to the court in which the attachment action is pending.
What must the court find before ordering the livestock sold?
That the stock is fit for market, or that it will depreciate in value if not sold.
What happens to the proceeds after the livestock is sold?
They are deposited with the clerk of the court in which the action is pending, held until the court determines the matter, and then paid to the successful party in the action.
Does the court set the terms of the sale?
Yes. Section 4-145 says the court orders a sale of the property on such terms as shall seem proper.
How does this section relate to the perishable-property procedure in Section 4-125?
Section 4-125 addresses goods at risk of immediate waste or decay on an expedited, near-emergency basis; this section addresses livestock specifically, based on market fitness or expected depreciation rather than imminent spoilage.
Amendment History
(Source: P.A. 82-280.)
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: sale of livestock attachment illinoissell attached livestocklivestock depreciation attachment saleattached livestock sale order