Upon receiving a bond or deposit, as provided in either of the foregoing sections, the court shall enter an order of restitution, directing the officer who attached the water-craft to deliver the same to the person from whose possession it was taken, and the water-craft shall be discharged from all the liens secured by such bond or deposit, unless the court, upon motion, orders it again into custody on account of the insufficiency or insolvency of the surety.
4-218.Order of restitution.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-218 has the court, once a bond or deposit is filed, order the craft returned to the person from whom it was taken and discharged from the liens the bond or deposit secures, unless the surety proves insufficient or insolvent.
Full Text of 735 ILCS 5/4-218
Plain-English Summary
Once a bond or deposit is filed under either Section 4-216 or Section 4-217, the court enters an order of restitution. That order directs the officer who attached the water craft to deliver it back to the person from whose possession it was taken.
Restitution discharges the craft from all the liens the bond or deposit secures. The one exception: if, on motion, the court finds the surety insufficient or insolvent, it can order the craft back into custody notwithstanding the earlier restitution.
Frequently Asked Questions
What triggers an order of restitution under Section 4-218?
What effect does restitution have on the vessel's legal status?
It is returned to the person from whom it was taken and discharged from the liens the bond or deposit secures.
Can the vessel be seized again after restitution?
Yes, if the court, on motion, finds the surety insufficient or insolvent.
Who receives the vessel back under this order?
The person from whose possession it was originally taken.
Who carries out the return of the vessel?
The officer who attached the water craft in the first place.
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: restitution order illinois vessel attachmentdischarge boat from lien bondreturn vessel after bond depositinsolvent surety reattachment illinois