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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-710
(735 ILCS 5/12-710) (from Ch. 110, par. 12-710)
Sec. 12-710. Adverse claims; Trial.
(a) In the event any indebtedness or other property due from or in the
possession of a garnishee is claimed by any other person, the court shall
permit the claimant to appear and maintain his or her claim. A claimant not
voluntarily appearing shall be served with notice as the court shall direct.
If a claimant fails to appear after being served with notice in the manner
directed, he or she shall be concluded by the judgment entered in the
garnishment proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor, the judgment debtor, and the garnishee, he or she is then a
party to the garnishment proceeding; and his or her claim shall be tried and
determined with the other issues in the garnishment action. Upon certification
by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) that a person who is receiving
support payments under this Section is a public aid recipient, any support
payments subsequently received by the clerk of the court shall be transmitted
to the Department until the Department gives notice to
cease such transmittal. If the adverse claimant is entitled to all or part of
the indebtedness or other property, the court shall enter judgment in
accordance with the interests of the parties.
(c) Claims for the support of a spouse or dependent children shall
be superior to all other claims for garnishment of property.
(Source: P.A. 95-331, eff. 8-21-07.)
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735 ILCS 5/12-711
(735 ILCS 5/12-711) (from Ch. 110, par. 12-711)
Sec. 12-711.
Contest of answer and trial.
(a) The judgment creditor or the judgment debtor may contest the
truth or sufficiency of the garnishee's answer and the court shall immediately,
unless for good cause the hearing is postponed, proceed to try the issues. The
answer of the garnishee shall be considered denied without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the garnishment or to seek exemptions for
certain moneys or property by notifying the clerk of the court before that
time, using forms as may be provided by the clerk of the court. To obtain
a hearing in counties with a population of 1,000,000 or more, the judgment
debtor must notify the clerk of the court in person and in writing at the
clerk's office before the return date specified in the summons, or appear in
court on the date and time specified in the summons. To obtain a hearing
in counties with a population of less than 1,000,000, the judgment debtor
must notify the clerk of the court in writing at the clerk's office on or
before the return date specified in the summons. The clerk of the court
will provide a prompt hearing date and the necessary forms that must be
prepared by the judgment debtor or the attorney for the judgment debtor and
sent to the judgment creditor and the garnishee, or their attorneys,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail. At the hearing the court shall immediately,
unless for good cause the hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding or verdict is against a garnishee, appropriate judgment
or other orders shall be entered against the garnishee and in favor
of the judgment debtor to whom the garnishee is indebted, or for whom
the garnishee holds property, for the use of the judgment creditor, in
the same manner as if the facts are admitted.
(e) No garnishment order shall be entered in favor of the judgment
creditor unless the certificate of mailing required by subsection (b) of
Section 12-705 is filed and the garnishee's answer to the
interrogatories certifies that a copy of the answer was mailed to the
judgment debtor in accordance with Section 12-707 of this Act.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-712
(735 ILCS 5/12-712) (from Ch. 110, par. 12-712)
Sec. 12-712.
Effect of judgment - Discharge no bar.
Judgment against a garnishee shall be enforceable as in other civil
cases and shall discharge the garnishee of all claims by the judgment
debtor for the indebtedness or other property paid, delivered or
accounted for by the garnishee by virtue of the judgment in garnishment.
The discharge of a garnishee is no bar to an action by the judgment
debtor for the same claim.
(Source: P.A. 82-280.)
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735 ILCS 5/12-713
(735 ILCS 5/12-713) (from Ch. 110, par. 12-713)
Sec. 12-713.
No judgment until debt due.
If the debt from the garnishee to the judgment debtor is not due,
judgment shall not be entered against the garnishee until the debt is
due, either by the terms of the agreement giving rise thereto or by
acceleration as therein provided.
(Source: P.A. 82-280.)
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735 ILCS 5/12-714
(735 ILCS 5/12-714) (from Ch. 110, par. 12-714)
Sec. 12-714.
Property surrendered in enforcement of a judgment and disposition thereof.
(a) A garnishee having property other than money belonging to the
judgment debtor, which the garnishee is obligated to deliver to the
judgment debtor, shall deliver to the officer holding a certified copy of
the judgment for the enforcement thereof against
the judgment debtor so much thereof as is necessary to satisfy
the amount due upon the judgment and costs.
(b) If mortgaged or pledged property is in the possession of a garnishee,
or property is held for the payment of a debt to the garnishee, the
judgment creditor may, under order of court, pay or tender the amount
due to the garnishee; and the garnishee shall thereupon deliver the
property to the officer holding the certified copy of the judgment for the
enforcement thereof against the judgment
debtor.
(c) Nothing contained in Part 7 of Article XII of this Act shall be
construed to prevent the
garnishee from selling property in his or her possession for the payment of claims
for which it is mortgaged, pledged or otherwise held at any time before
the amount due to the garnishee is paid or tendered, if the sale would be
authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the
payment of money, and if the promise, condition or other act to be
performed can be performed by the judgment creditor without damage to
other parties, the court may permit performance by the judgment
creditor. Upon performance, or a tender of performance, by the judgment
creditor the garnishee shall deliver the property to the officer holding
the certified copy of the judgment for the enforcement thereof against the
judgment debtor.
(e) Property received by an officer as described in this Section
shall be sold in the same manner as if levied upon for the satisfaction
of a judgment for the payment of money and
from the proceeds of sale the officer shall repay the judgment creditor
the amount paid the garnishee for the redemption, with interest, or
shall indemnify the judgment creditor for acts done or performed
pursuant to order of court in the redemption.
(Source: P.A. 83-707.)
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735 ILCS 5/12-715
(735 ILCS 5/12-715) (from Ch. 110, par. 12-715)
Sec. 12-715.
Refusal or neglect of garnishee to deliver property.
If a garnishee refuses or neglects to deliver property in his or her possession
when ordered by the court or upon request by the officer holding a certified
copy of the judgment for enforcement thereof
against the judgment debtor, the garnishee may be attached and
punished for contempt; or the court may enter judgment against the garnishee
for the value of
the property or the amount due upon the judgment and costs, whichever is the
lesser, and have same enforced against the garnishee.
(Source: P.A. 82-280.)
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735 ILCS 5/12-716
(735 ILCS 5/12-716) (from Ch. 110, par. 12-716)
Sec. 12-716.
Costs and fees.
(a) The costs of obtaining a garnishment order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case those
costs shall be paid by the judgment creditor.
(b) No fee shall be paid by a garnishee for filing his, her or its
appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of
the garnishment summons or at any time thereafter, unless he or she is
subpoenaed to appear as a witness, in which case he or she is entitled to
witness fees as in other civil cases.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-717
(735 ILCS 5/12-717) (from Ch. 110, par. 12-717)
Sec. 12-717.
Death of garnishee and procedure thereafter.
Upon the death of a garnishee, the procedure shall be the same as in
the case of the death of a defendant in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/12-718
(735 ILCS 5/12-718) (from Ch. 110, par. 12-718)
Sec. 12-718.
Powers of court.
If the garnishee has in his or her possession, custody or control any
property belonging to the defendant or which he or she is obligated to deliver
to the defendant, with or without condition, the court may enter all
proper orders for the delivery thereof to the proper officer,
the sale or disposition of the same, and the discharging of any lien
thereon, and may authorize the garnishee to collect any indebtedness
or to sell any other property and account for the proceeds. The
court, when necessary to further the purposes and provisions of Part 7
of Article XII of this
Act, may compel the judgment debtor to do or to refrain from doing any
specific act or deed; or the court may appoint a receiver to
collect any indebtedness or to take possession, sell or otherwise
dispose of any other property, and enter all orders in regard thereto
which are necessary and equitable between the parties.
(Source: P.A. 83-707.)
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735 ILCS 5/12-719
(735 ILCS 5/12-719) (from Ch. 110, par. 12-719)
Sec. 12-719.
Transfer of interest by heir or legatee.
No assignment, transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the garnishment, unless (1) prior to the service of
garnishment summons upon the administrator or executor, the transfer or
other disposition is reduced to writing and (2) the writing is filed in
the office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 8
(735 ILCS 5/Art. XII Pt. 8 heading)
Part 8.
Wage Deductions
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735 ILCS 5/12-801
(735 ILCS 5/12-801) (from Ch. 110, par. 12-801)
Sec. 12-801.
Definitions.
As used in Part 8 of Article XII of this Act:
"Deduction order" means an order entered pursuant to Section 12-811 of
this Act.
"Employer" means the person named as employer in the affidavit filed
under Section 12-805.
"Federal agency employer" means an agency of the federal government as
defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a
judgment by confession which has not been confirmed as provided in Part
8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other
compensation owed by an employer to a judgment debtor.
(Source: P.A. 89-28, eff. 6-23-95.)
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735 ILCS 5/12-802
(735 ILCS 5/12-802) (from Ch. 110, par. 12-802)
Sec. 12-802.
Force and effect of order.
A deduction order entered under
Part 8 of Article XII of this Act shall have the force
and effect and be enforceable as a judgment.
(Source: P.A. 82-280.)
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735 ILCS 5/12-803
(735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
Sec. 12-803. Wages subject to collection. The wages,
salary, commissions and bonuses subject to collection under a deduction
order, for any work week shall be the lesser of (1) 15% of such
gross amount paid for that week or (2) the amount by which disposable
earnings for a week exceed 45 times the Federal Minimum Hourly Wage
prescribed by Section 206(a)(1) of Title 29 of the United States Code, as
amended, or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable. This provision
(and no other) applies irrespective of the place where the compensation was
earned or payable and the State where the employee resides. No amounts
required by law to be withheld may be taken from the amount collected by
the creditor. The term "disposable earnings" means that part of the
earnings of any individual remaining after the deduction from those
earnings of any amounts required by law to be withheld.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
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