(735 ILCS 5/4-104) (from Ch. 110, par. 4-104)
Sec. 4-104.
Affidavit.
A plaintiff seeking the entry of an order for
attachment shall file with the court an affidavit based upon the personal
knowledge of the affiant and showing:
1. the amount of the claim, so far as practicable, after allowing all
just credits and set-offs;
2. facts establishing any one or more of the causes set forth in Section
4-101 of this Act;
3. the place of residence of the defendant, if known, and if not known,
that upon diligent inquiry the affiant has been unable to ascertain the
place of residence; and
4. facts establishing the cause of action against the defendant.
The plaintiff shall file an additional statement in writing, either embodied
in such affidavit or separately, to the effect that the action invoked by
such affidavit does or does not sound in tort and a designation of the return
day for the summons to be issued in the action; and the court, if it is
satisfied that the affidavit has established a prima facie case, shall enter
an order for attachment.
In all actions sounding in tort, before an order for attachment
is entered, the plaintiff, his or her agent or attorney, shall apply to
the circuit court of the county in which the action is to be
brought or is pending and be examined, under oath, by the court
concerning the cause of action; and, thereupon, the court shall indorse
upon the affidavit the amount of damages for which the order for
attachment shall be entered,
and no greater amount shall be claimed.
(Source: P.A. 83-707.)
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