The owner, his or her agent or attorney, or any other person interested in such water craft, desiring the return of the property attached, having first given notice to the plaintiff, his or her agent or attorney, of his or her intention to bond the same, may, at any time before judgment, file with the court in which the action is pending, a bond to the parties, having previously filed a complaint or intervening petition against such craft, in a penalty at least double the aggregate of all sums alleged to be due the several plaintiffs or intervening petitioners, with security to be approved by the court, conditioned that the obligors will pay all moneys adjudged to be due such claimants, with costs of the action.
4-216.Bonding vessel.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-216 lets an owner or interested party get the attached craft back before judgment by giving the plaintiff notice and filing a court-approved bond for at least double the aggregate claims, conditioned on paying whatever is later adjudged due.
Full Text of 735 ILCS 5/4-216
Plain-English Summary
Rather than leaving a craft in the sheriff's custody through trial, the owner, the owner's agent or attorney, or any other person interested in the craft can bond it out. That person must first give the plaintiff, or the plaintiff's agent or attorney, notice of the intent to bond, then file a bond with the court at any time before judgment.
The bond runs to the parties who have already filed a complaint or intervening petition against the craft, in a penalty at least double the aggregate of all sums those claimants allege are due. The court must approve the security, and the bond is conditioned on the obligors paying whatever sums are ultimately adjudged due, along with the costs of the action.
Frequently Asked Questions
Who can bond a watercraft out of custody under this section?
The owner, the owner's agent or attorney, or any other person interested in the craft.
What must happen before the bond is filed?
Notice to the plaintiff, or the plaintiff's agent or attorney, of the intent to bond the craft.
How large must the bond be?
At least double the aggregate of all sums the plaintiffs and intervening petitioners allege are due.
What is the bond conditioned on?
The obligors paying all sums adjudged due to the claimants, along with the costs of the action.
Is there a deadline for bonding the vessel out?
Yes — it must happen at any time before judgment.
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: bonding out a boat illinoisrelease vessel from attachment bondillinois watercraft attachment bond releasenotice of intent to bond vessel