ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/4-101 (2026)

Cause

✓ current as of May 2026
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(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
    Sec. 4-101. Cause. In any court having competent jurisdiction, a creditor having a money claim, whether liquidated or unliquidated, and whether sounding in contract or tort, or based upon a statutory cause of action created by law in favor of the People of the State of Illinois, or any agency of the State, may have an attachment against the property of his or her debtor, or that of any one or more of several debtors, either at the time of commencement of the action or thereafter, when the claim exceeds $20, in any one of the following cases:
        1. Where the debtor is not a resident of this State.
        2. When the debtor conceals himself or herself or
    
stands in defiance of an officer, so that process cannot be served upon him or her.
        3. Where the debtor has departed from this State with
    
the intention of having his or her effects removed from this State.
        4. Where the debtor is about to depart from this
    
State with the intention of having his or her effects removed from this State.
        5. Where the debtor is about to remove his or her
    
property from this State to the injury of such creditor.
        6. Where the debtor has within 2 years preceding the
    
filing of the affidavit required, fraudulently conveyed or assigned his or her effects, or a part thereof, so as to hinder or delay his or her creditors.
        7. Where the debtor has, within 2 years prior to the
    
filing of such affidavit, fraudulently concealed or disposed of his or her property so as to hinder or delay his or her creditors.
        8. Where the debtor is about fraudulently to conceal,
    
assign, or otherwise dispose of his or her property or effects, so as to hinder or delay his or her creditors.
        9. Where the debt sued for was fraudulently
    
contracted on the part of the debtor. The statements of the debtor, his or her agent or attorney, which constitute the fraud, shall have been reduced to writing, and his or her signature attached thereto, by himself or herself, agent or attorney.
        10. When the debtor is a person convicted of first
    
degree murder, a Class X felony, or aggravated kidnapping, or found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, against the creditor and that crime makes the creditor a "victim" under the Criminal Victims' Asset Discovery Act.
        11. (Blank).
(Source: P.A. 101-235, eff. 1-1-20.)

    
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1993–2026 · leading case: Philips Med. Sys. Int'l B v. V. Martin E. Bruetman, 8 F.3d 600 (7th Cir. 1994).
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Philips Med. Sys. Int'l B v. V. Martin E. Bruetman, 8 F.3d 600 (7th Cir. 1994). “That power provided an adequate foundation for the order to deposit in court, where they would be available to satisfy the judgment in part should it be affirmed (as it later was), the proceeds of the sale of Philips equipment to the Chilean clinic.”
In Re Thum, 329 B.R. 848 (Bankr. C.D. Ill. 2005). “735 ILCS 5/4-101 et seq. 2 . The case at bar concerns an annual bonus paid out in the form of a special check, in addition to the regular periodic pay received by the DEBTOR.”
Old Kent Bank v. Stoller, 627 N.E.2d 265 (Ill. App. Ct. 1993). “4-101; 735 ILCS 5/4-101 (West 1992).) However, before we may consider the merits of Stoller’s appeal, we must address Old Kent’s cross-appeal, which challenges the jurisdiction of the court to hear the appeal.”
People ex rel. Dir. of the Dep't of Corr. v. Melton, 2014 IL App (4th) 130700 (Ill. App. Ct. 2014). · cites it 2× “¶5 The State also filed a motion for order for attachment pursuant to section 4-101 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/4-101 (West 2012)). The trial court entered the order, directing the trust fund at Logan Correctional Center to hold any of defendant’s…”
The People of the State of Illinois ex rel. The Dir. of the Dep't of Corr. v. Melton, 2014 IL App (4th) 130700 (Ill. App. Ct. 2014). · cites it 2× “¶5 The State also filed a motion for order for attachment pursuant to section 4-101 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/4-101 (West 2012)). The trial court entered the order, directing the trust fund at Logan Correctional Center to hold any of defendant's…”
People Ex Rel. Dep't of Corr. v. Hawkins, 951 N.E.2d 837 (Ill. App. Ct. 2010). “In June of 2006, the Department filed a pretrial motion, pursuant to section 4-101(11) of the Code of Civil Procedure (735 ILCS 5/4-101(11) (West 2008)), to attach Hawkins’s bank account at the Lincoln Savings Bank.”
Pan-Oceanic Eng'g Co., Inc. v. Grange Mut. Ins., 2026 IL App (1st) 250511-U (Ill. App. Ct. 2026). · cites it 3× “ensatory and punitive counts, meaning a consistent defense of both was possible and no disparity of interest existed; (2) No Waiver or Estoppel: there was no requirement for Grange to reserve rights because the uninsurability of punitive damages rested on public policy rather…”
First Mid-Illinois Bank & Trust v. Parker (Ill. App. Ct. 2010). · cites it 5× “On January 8, 2008, M id-Illinois Bank filed a motion for a prejudgment attachment pursuant to section 4-101 of the Code of Civil Procedure (Code) (735 ILCS 5/4-101 (W est 2006)) against Parker's and Gardner's "property interests" and requested the court to require Four S, as…”
Glancy v. Brown, 2021 IL App (3d) 200468 (Ill. App. Ct. 2021). “See 735 ILCS 5/4-101 (West 2018); Hensley Construction, LLC, 399 Ill.”
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). · cites it 4× “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of "cause" listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a "probability" of success on the merits (735…”
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). · cites it 4× “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of “cause” listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a “probability” of success on the merits (735…”
Thompson Corrugated Sys., Inc. v. Engico S.r.l. (S.D. Ill. 2022). · cites it 2× “Under the authority of Federal Rule of Civil Procedure 64, TCS seeks to attach the funds pursuant to the Illinois law of prejudgment attachment, 735 ILCS 5/4-101(1). Engico has responded to the motion arguing that the extraordinary remedy of prejudgment attachment is not…”
Show all 15 citing cases →
735 ILCS 5/4-101(1): 4 cases
Thompson Corrugated Sys., Inc. v. Engico S.r.l. (S.D. Ill. 2022). “Under the authority of Federal Rule of Civil Procedure 64, TCS seeks to attach the funds pursuant to the Illinois law of prejudgment attachment, 735 ILCS 5/4-101(1). Engico has responded to the motion arguing that the extraordinary remedy of prejudgment attachment is not…”
Thompson Corrugated Sys., Inc. v. Engico S.r.l. (S.D. Ill. 2022).
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of "cause" listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a "probability" of success on the merits (735…”
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of “cause” listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a “probability” of success on the merits (735…”
735 ILCS 5/4-101(11): 2 cases
People Ex Rel. Dep't of Corr. v. Hawkins, 951 N.E.2d 837 (Ill. App. Ct. 2010). “In June of 2006, the Department filed a pretrial motion, pursuant to section 4-101(11) of the Code of Civil Procedure (735 ILCS 5/4-101(11) (West 2008)), to attach Hawkins’s bank account at the Lincoln Savings Bank.”
People Ex Rel. Dept. of Corr. v. Hawkins, 951 N.E.2d 837 (Ill. App. Ct. 2010).
735 ILCS 5/4-101(8): 1 case
First Mid-Illinois Bank & Trust v. Parker (Ill. App. Ct. 2010). “On January 8, 2008, M id-Illinois Bank filed a motion for a prejudgment attachment pursuant to section 4-101 of the Code of Civil Procedure (Code) (735 ILCS 5/4-101 (W est 2006)) against Parker's and Gardner's "property interests" and requested the court to require Four S, as…”
735 ILCS 5/4-101(9): 2 cases
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of "cause" listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a "probability" of success on the merits (735…”
U.S. Bank Nat'l Ass'n v. Rose, 2014 IL App (3d) 130129 (Ill. App. Ct. 2014). “¶ 13 To qualify for an order for prejudgment attachment, a plaintiff must establish (1) by a preponderance of the evidence at least one of the nine varieties of “cause” listed in section 4-101 (735 ILCS 5/4-101 (West 2012)); and (2) a “probability” of success on the merits (735…”
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