In case the water craft has not been discharged from custody, the judgment shall be that the same, with the appurtenances, be sold at public sale by the sheriff, after notice of the time and place of the sale, published as herein required in cases of seizure, at least 10 days before such sale. In case of petition filed prior to distribution, the judgment shall be for payment out of the proceeds of sale, and in case of claims filed against surplus proceeds, the judgment, if in favor of the petitioner, shall, in substance, affirm the claim to be sustained, and direct payment thereof from the surplus proceeds.
4-222.Judgment when vessel in custody.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-222 directs a public sale after ten days' notice when the craft remains in custody at judgment, with proceeds paying pre-distribution claims and, for surplus claims, a judgment sustaining and directing payment from the surplus.
Full Text of 735 ILCS 5/4-222
Plain-English Summary
If the water craft has not been discharged from custody by the time judgment is entered, the judgment orders the craft, with its appurtenances, sold at public sale by the sheriff, after notice of the time and place published at least 10 days beforehand, in the manner Part 2 requires for seizure cases.
Where a petition was filed before distribution, the judgment directs payment out of the proceeds of the sale. For claims filed against surplus proceeds, a judgment favoring the petitioner affirms the claim as sustained and directs payment from that surplus.
Frequently Asked Questions
What happens if the vessel is still in custody when judgment is entered?
The judgment orders the craft, with its appurtenances, sold at public sale by the sheriff.
How much notice must the sale have?
At least 10 days, published as required in cases of seizure.
How are claims filed before distribution treated in the judgment?
The judgment directs payment out of the proceeds of the sale.
How are claims against surplus proceeds treated?
A judgment favoring the petitioner affirms the claim as sustained and directs payment from the surplus proceeds.
What governs how the sale itself proceeds after this judgment?
Sections 4-223 and 4-224, covering the order of sale and the sale proceedings.
Amendment History
(Source: P.A. 83-707.)
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: public sale seized boat illinoisvessel in custody judgment illinoissurplus proceeds claim watercraftten day notice sheriff sale vessel