The plaintiff, or his or her agent or attorney, shall also file with such complaint a bond, payable to the owner of the craft to be attached, or, if unknown, to the unknown owners thereof, in at least double the amount of the claim, with security to be approved by the court, conditioned that the plaintiff shall prosecute his or her action with effect, or, in case of failure therein, will pay all costs and damages which the owner or other person interested in such water craft may sustain, in consequence of the wrongful suing out of such attachment, which bond may be sued by any owner or person interested, in the same manner as if it had been given to such person by his or her proper name. Only such persons shall be required to join in such suit as have a joint interest. Others may allege breaches and have assessment of damages, as in other actions on penal bonds.
4-205.Bond.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-205 requires the plaintiff to file a bond with the complaint, payable to the vessel's owner in at least double the claim, conditioned on prosecuting the case or paying costs and damages for a wrongful attachment.
Full Text of 735 ILCS 5/4-205
Plain-English Summary
Filing the complaint is not enough; the plaintiff (or an agent or attorney) must also file a bond payable to the craft's owner — or, if the owner is unknown, to the unknown owners. The bond must run at least double the amount of the claim, with security the court approves, and it is conditioned on the plaintiff prosecuting the action with effect or, failing that, paying whatever costs and damages the owner or another interested person suffers from a wrongful attachment.
The owner or another interested person may sue on the bond directly, as though it named them personally. Only those with a joint interest in the claim must join in that suit; others may allege their own breaches and have their damages assessed separately, as in other actions on penal bonds.
Frequently Asked Questions
Why must a plaintiff post a bond before attaching a vessel?
To protect the owner: the bond is conditioned on the plaintiff prosecuting the action with effect, or paying the costs and damages a wrongful attachment causes.
How large must the bond be?
At least double the amount of the claim, with security approved by the court.
Who is the bond made payable to?
The owner of the craft to be attached, or the unknown owners if the owner is not known.
Can the vessel owner sue on the bond directly?
Yes, in the same manner as if the bond had been given to that owner by name.
Must every person interested in the craft join a suit on the bond?
No — only those with a joint interest must join; others may allege their own breaches and have damages assessed separately.
Amendment History
(Source: P.A. 84-631.)
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: attachment bond illinois vesselboat attachment security bondwrongful attachment bond boat illinoisillinois maritime attachment bond