(735 ILCS 5/4-115) (from Ch. 110, par. 4-115)
Sec. 4-115.
Additional certified copies.
(a) When it appears
by the return of the officer that the
defendant or property of the defendant is not found, or that a garnishee
designated by the order for attachment has not been served, additional
certified copies of the order for attachment may
be issued by the clerk of court on the application of the plaintiff.
(b) Additional certified copies of the order for attachment
may also issue on the application of the
plaintiff where the property attached,
or the property found to be in the possession of the garnishee or
garnishees, is not of a value sufficient to satisfy the claim sworn to,
with costs of the action. The provisions of this subsection shall not be
applicable to cases in which the court order describes specific
property to be attached.
(c) When the order for attachment is directed against specific property
of the defendant and only a portion of the property described is
attached, or the property found to be in the possession of the garnishee or
garnishees, is not of a value sufficient to satisfy the claim sworn to,
with costs of action, a certified copy of the order for attachment
against the
remainder of the property described, may be issued by the clerk of court
upon the application of
the plaintiff. A certified copy of the order for attachment may
also issue where additional
specific property is desired to be attached, but before such certified copy
shall issue the plaintiff shall furnish an additional bond in
accordance with Section 4-108 of this Act, in double the value of the
additional specific property. Where an order for attachment covering
specific property has been entered, a certified copy of the order for
attachment may be issued by the clerk of court on the
application of the plaintiff directing the sheriff to attach sufficient
property of the defendant, which, together with the specific property
already attached, if any, will equal the amount of the plaintiff's
claim, and before such certified copy shall issue the
plaintiff shall furnish in accordance with Section 4-107 of this Act an
additional bond in amount double the value of the additional property to
be attached.
(d) When an additional certified copy is issued, the defendant shall
be served, if he or she can be found, and return shall be made, and the same
proceedings shall be had, as though such additional certified copy was
the original certified copy.
(Source: P.A. 83-707.)
|