Where relief is sought under Part 2 of Article IV of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which the plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
4-211.Seeking wrong remedy not fatal.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-211 lets a court allow amended pleadings when a plaintiff proves facts entitling relief under Part 2 but asked for the wrong remedy, after weighing the defendant's right to new defenses, a jury, and a counterclaim, and whether to order the plaintiff to take added steps.
Full Text of 735 ILCS 5/4-211
Plain-English Summary
This section forgives a specific kind of pleading mistake. If, on a motion directed to the pleadings, a summary judgment motion, or at trial, the court finds that the plaintiff pleaded or proved facts entitling relief under Part 2 but asked for the wrong remedy, the court must let the pleadings be amended on just and reasonable terms and grant the relief the plaintiff is entitled to.
The court does not grant the amendment on its own. Before allowing it, the court must consider the defendant's right to raise additional defenses, demand a jury trial, and plead a counterclaim or third-party complaint — and must also consider ordering the plaintiff to take any additional steps that were not required under the pleadings as originally filed.
Frequently Asked Questions
What problem does Section 4-211 address?
A plaintiff who proved the facts needed for relief under Part 2 but sought the wrong remedy.
What can the court do once it finds that situation?
Permit the pleadings to be amended on just and reasonable terms and grant the relief the plaintiff is entitled to.
What must the court weigh before allowing the amendment?
The defendant's right to assert additional defenses, demand a jury trial, and plead a counterclaim or third-party complaint, along with whether to order the plaintiff to take additional steps not required under the pleadings as originally filed.
Does this section excuse a plaintiff who proved no facts at all?
No — it only applies once the plaintiff has pleaded or established facts entitling relief, just under the wrong label.
At what stages can this issue come up?
On a motion directed to the pleadings, on a motion for summary judgment, or upon trial.
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: amend pleadings wrong remedy illinoiswatercraft lien pleading amendmentillinois attachment relief correctionwrong remedy sought amendment allowed