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4-217.Appraisement - Restitution - Sale.

Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 4-217 offers an alternative to bonding: seek court-appointed appraisal of the seized craft, then deposit or bond that amount for restitution, or, if the claimant delays or the property risks decay, let the court order an early sale.

Full Text of 735 ILCS 5/4-217

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If the owner, his or her agent or attorney, or other party in interest, so elect, in place of bonding, as heretofore provided, such person may apply to the court upon like notice, for an order of appraisement of such water-craft so seized, by three competent persons to be appointed by the court and named in the order, and upon such party depositing with the clerk the amount of such appraisement in money, or executing or filing with the clerk a bond for such amount, executed as provided in the preceding section, the court shall enter an order of restitution, as provided in the next section, and if the claimant of such water- craft shall decline any such application, or neglect within 20 days to accept such appraisement and make the deposit, or give bond as hereinabove stated, or the property seized shall be liable to decay, depreciation or injury from delay, the court, in its discretion, may order the same or part thereof to be sold, and the proceeds thereof to be brought into court to abide the results of the action.

Plain-English Summary

As an alternative to bonding under Section 4-216, the owner, agent, attorney, or another interested party may apply to the court, on like notice, for an order appraising the seized craft. Three competent persons named in the order carry out the appraisal.

Once that party deposits the appraised amount in money with the clerk, or files a bond for that amount as Section 4-216 requires, the court enters an order of restitution under Section 4-218. But if the claimant declines to apply, neglects within 20 days to accept the appraisal and make the deposit or give the bond, or if the seized property is liable to decay, depreciate, or suffer injury from delay, the court may instead order it — or part of it — sold, with the proceeds brought into court to abide the outcome of the case.

Frequently Asked Questions

What alternative to bonding does Section 4-217 offer?

Applying for an order appraising the seized water craft, carried out by three court-appointed appraisers.

What must happen after the appraisal to get the craft back?

Depositing the appraised amount in money with the clerk, or filing a bond for that amount as Section 4-216 requires.

What if the owner takes too long to act on the appraisal?

If the claimant neglects within 20 days to accept the appraisal and make the deposit or give the bond, the court may order the property sold.

What other circumstance can prompt an early sale under this section?

The seized property being liable to decay, depreciation, or injury from delay.

Where do the proceeds of an early sale under this section go?

They are brought into court to abide the results of the action.

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: boat appraisement illinois attachmentvessel deposit release attachmentearly sale decaying seized property illinoisthree appraiser order watercraft