Illinois Compiled Statutes 735 ILCS 5/4-101 – Cause
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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.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-25
2. When the debtor conceals himself or herself or
1. Where the debtor is not a resident of this State.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| First-degree murder | 20 years to life | up to $25,000 |
| Class X felony | between 6 and 30 years | up to $25,000 |
Terms Used In Illinois Compiled Statutes 735 ILCS 5/4-101
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
2. When the debtor conceals himself or herself or
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stands in defiance of an officer, so that process cannot be served upon him or her.
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3. Where the debtor has departed from this State with
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the intention of having his or her effects removed from this State.
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4. Where the debtor is about to depart from this
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State with the intention of having his or her effects removed from this State.
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5. Where the debtor is about to remove his or her
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property from this State to the injury of such creditor.
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6. Where the debtor has within 2 years preceding the
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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.
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7. Where the debtor has, within 2 years prior to the
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filing of such affidavit, fraudulently concealed or disposed of his or her property so as to hinder or delay his or her creditors.
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8. Where the debtor is about fraudulently to conceal,
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assign, or otherwise dispose of his or her property or effects, so as to hinder or delay his or her creditors.
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9. Where the debt sued for was fraudulently
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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.
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10. When the debtor is a person convicted of first
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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.
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11. (Blank).