In case the sum for which the water craft is sold is sufficient to pay all the claims filed before distribution, with costs thereon, and an appeal is taken as provided by law, the court may order distribution of such portion of the sum brought on sale upon judgments unappealed from as may seem just and proper.
4-228.Power of court in distribution.
Article IV. Attachment · Part 2. Watercraft · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 4-228 lets the court, when sale proceeds cover all pre-distribution claims and costs while an appeal is pending, distribute the portion tied to unappealed judgments as seems just and proper.
Full Text of 735 ILCS 5/4-228
Plain-English Summary
This section addresses a narrow situation: the water craft sold for enough to pay every claim filed before distribution, plus costs, but someone has taken an appeal as the law provides. Rather than freezing every dollar until the appeal resolves, the court may order distribution of whatever portion of the sale proceeds covers judgments that were not appealed, as seems just and proper.
The section leaves the amount tied to the appealed judgment for later resolution while letting claimants whose judgments no one contested receive payment sooner.
Frequently Asked Questions
When does Section 4-228 come into play?
When the sale proceeds are enough to pay every claim filed before distribution, plus costs, and an appeal has been taken as provided by law.
What discretion does the court have in this situation?
To order distribution of the portion of the proceeds tied to judgments not appealed from, as seems just and proper.
Why would the court hold back the rest of the funds?
To keep the amount tied to the appealed judgment available pending the outcome of that appeal.
Does this section create a new priority scheme of its own?
No — it lets the court act within the existing distribution scheme of Sections 4-226 and 4-227 while an appeal is pending.
Who benefits from distribution under this section?
Claimants whose judgments were not appealed, who can receive payment before the appeal concludes.
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: appeal pending boat sale distribution illinoisunappealed judgment proceeds distributionpartial distribution during appeal vesselcourt discretion sale proceeds appeal