The action shall thereafter proceed in the same manner as in case of attachment before the court. It shall not be necessary for the plaintiff in any case to file a complaint, but the distress warrant shall stand as a complaint and shall be amendable, as complaints in other civil cases, but no such amendment shall in any way affect any liabilities that have accrued in the execution of such warrant.
9-305.Proceedings - Pleading.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-305 makes a distress action proceed like an attachment case, with the distress warrant itself standing in for a complaint that the landlord can amend without disturbing liabilities already accrued.
Full Text of 735 ILCS 5/9-305
Plain-English Summary
Section 9-305 sets the procedural template for everything that follows a distress seizure: the action proceeds in the same manner as a case of attachment before the court. That cross-reference matters because it means a distress case does not follow the ordinary civil complaint-and-answer sequence from scratch — it follows the pattern Article IV already establishes for attachment.
One consequence of that borrowed structure is unusual: the plaintiff never has to file a separate complaint. The distress warrant itself stands as the complaint, carrying the case forward without an additional pleading.
That warrant-as-complaint can still be amended, just as an ordinary complaint can be amended in other civil cases. But the statute adds a protection for third parties and the process itself: no amendment can affect liabilities that already accrued while the warrant was being executed. Anyone who acted, or was affected by the seizure before the amendment, is not exposed to new liability created after the fact.
Frequently Asked Questions
Does a landlord have to file a separate complaint in a distress for rent action?
No. Section 9-305 states that the distress warrant itself stands as the complaint, so no separate complaint is required.
What procedural model does a distress action follow?
The action proceeds in the same manner as a case of attachment before the court, borrowing that Article's procedure rather than following the ordinary complaint process from the start.
Can the distress warrant be amended after it is filed?
Yes. It is amendable in the same way complaints are amended in other civil cases.
Does amending the distress warrant erase liabilities that already arose during the seizure?
No. The statute specifically states that no amendment affects any liabilities that had already accrued in the execution of the warrant.
Why does it matter that a distress case follows the attachment model?
It carries over the procedures Article IV already sets for attachment cases, including the notice provisions Section 9-304 borrows for tenants who cannot be found or served in the ordinary way.
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: distress warrant as complaint Illinois9-305 Illinoisattachment procedure distress for rentamending a distress warrant Illinois