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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.
() 735 ILCS 5/12-666 (735 ILCS 5/12-666) Sec. 12-666. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-667 (735 ILCS 5/12-667) Sec. 12-667. Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 12-666 finds that the foreign-country judgment is entitled to recognition under this Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) conclusive between the parties to the same extent | | as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and
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(Source: P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-668 (735 ILCS 5/12-668) Sec. 12-668. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-669 (735 ILCS 5/12-669) Sec. 12-669. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-670 (735 ILCS 5/12-670) Sec. 12-670. Uniformity of interpretation. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-671 (735 ILCS 5/12-671) Sec. 12-671. Saving clause. This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this Act.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-672 (735 ILCS 5/12-672) Sec. 12-672. Act application. This Act applies to all actions commenced on or after the effective date of this amendatory Act of the 97th General Assembly in which the issue of recognition of a foreign-country judgment is raised.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/Art. XII Pt. 7
(735 ILCS 5/Art. XII Pt. 7 heading)
Part 7.
Garnishment
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735 ILCS 5/12-701
(735 ILCS 5/12-701) (from Ch. 110, par. 12-701)
Sec. 12-701.
Affidavit for garnishment; Contents.
Upon the filing by a
judgment creditor, its attorney or other designee of (1) an affidavit that the
affiant believes any person is indebted to the judgment debtor, other than for
wages, or has in his or her possession, custody or control any other property
belonging to the judgment debtor, or in which the judgment debtor has an
interest, which person shall be identified as the garnishee, and includes the
last address of the judgment debtor known to the affiant as well as the name of
the judgment debtor, (2) the garnishment notice required by Section 12-705, and
(3) written interrogatories to be answered by the garnishee with respect to the
indebtedness or other property, the clerk of the court in which the judgment
was entered shall issue summons against the person named in the affidavit
commanding him or her to appear in the court as garnishee and answer the
interrogatories in writing under oath. The interrogatories shall require that
the garnishee certify that a copy of the completed interrogatories, as
specified in subsection (b) of Section 12-707, has been mailed to the judgment
debtor and shall be in a form consistent with local court rules.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-702
(735 ILCS 5/12-702) (from Ch. 110, par. 12-702)
Sec. 12-702.
(Repealed).
(Source: P.A. 82-280. Repealed by 89-364, eff. 1-1-96.)
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735 ILCS 5/12-703
(735 ILCS 5/12-703) (from Ch. 110, par. 12-703)
Sec. 12-703.
Garnishment of administrators and executors.
Administrators and executors may be summoned as garnishees regarding
indebtedness or other property belonging to any heir or distributee of
any estate, but judgment shall not be rendered against an administrator
or an executor until an order of distribution is entered by the court
which appointed him or her.
(Source: P.A. 82-280.)
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735 ILCS 5/12-704
(735 ILCS 5/12-704) (from Ch. 110, par. 12-704)
Sec. 12-704.
Exemptions from garnishment.
Benefits and refunds payable
by pension or retirement funds or systems and any assets of employees held
by such funds or systems, and any monies an employee is required to pay
to such funds or systems are exempt and are not subject to garnishment under
Part 7 of Article XII of this Act.
(Source: P.A. 83-707.)
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735 ILCS 5/12-705
(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
Sec. 12-705. Summons.
(a) Summons shall be returnable not less than 21 nor more than 40 days after
the date of issuance. Summons with one copy of the interrogatories shall be
served and returned as in other civil cases. If the garnishee is served with
summons less than 10 days prior to the return date, the court shall continue
the case to a new return date 14 days after the return date stated on the
summons. The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by the
attorney for the judgment creditor, setting forth the amount of the judgment,
the name of the court and the number of the case and one copy of a garnishment
notice in substantially the following form:
"GARNISHMENT NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If no attorney is listed): (Insert name and address) Amount of Judgment: $(Insert amount) Name of Garnishee: (Insert name) Return Date: (Insert return date specified in summons)
NOTICE: The court has issued a garnishment summons against the garnishee
named above for money or property (other than wages) belonging to the
judgment debtor or in which the judgment debtor has an interest. The
garnishment summons was issued on the basis of a judgment against the
judgment debtor in favor of the judgment creditor in the amount stated above.
The amount of money or property (other than wages) that may be garnished
is limited by federal and Illinois law. The judgment debtor has the right
to assert statutory exemptions against certain money or property of the
judgment debtor which may not be used to satisfy the judgment in the amount
stated above.
Under Illinois or federal law, the exemptions of personal property owned
by the debtor include the debtor's equity interest, not to exceed $4,000
in
value, in any personal property as chosen by the debtor; Social Security
and SSI benefits; public assistance benefits; unemployment compensation
benefits; workers' compensation benefits; veterans' benefits; circuit
breaker property tax relief benefits; the debtor's equity interest, not to
exceed $2,400
in value, in any one motor vehicle, and the debtor's equity
interest, not to exceed $1,500
in value, in any implements, professional
books or tools of the trade of the debtor.
The judgment debtor may have other possible exemptions from garnishment
under the law.
The judgment debtor has the right to request a hearing before the court
to dispute the garnishment or to declare exempt from garnishment certain
money or property or both. 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 (insert address
of Clerk) before the return date specified above or appear in court on the
date and time on that return date. 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 (insert address of Clerk) on or before the
return date specified above. The Clerk of the Court will provide a 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 regarding the time and location of the hearing. This notice may be
sent by regular first class mail."
(b) An officer or other person authorized by law to serve process shall
serve the summons, interrogatories and the garnishment notice required by
subsection (a) of this Section upon the garnishee and shall, (1) within 2
business days of the service upon the garnishee, mail a copy of the
garnishment notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the garnishment notice
and (2) within 4 business days of the service upon the garnishee file with
the clerk of the court a certificate of mailing in substantially the following
form:
"CERTIFICATE OF MAILING
I hereby certify that, within 2 business days of service upon the
garnishee of the garnishment summons, interrogatories and garnishment
notice, I served upon the judgment debtor in this cause a copy of the
garnishment summons and garnishment notice by first class mail to the
judgment debtor's address as indicated in the garnishment notice.
Date:............ .........................
Signature"
In the case of service of the summons for garnishment upon the garnishee
by certified or registered mail, as provided in subsection (c) of this Section,
no sooner than 2 business days nor later than 4 business days after the date of
mailing, the clerk shall mail a copy of the garnishment notice and the summons
to the judgment debtor by first class mail at the judgment debtor's address
indicated in the garnishment notice, shall prepare the Certificate of Mailing
described by this subsection, and shall include the Certificate of Mailing in a
permanent record.
(c) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for
garnishment may be made as follows:
(1) For each garnishee to be served, the judgment | | creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and 2 copies of a summons, an original and one copy of the interrogatories, an affidavit setting forth the garnishee's mailing address, an original and 2 copies of the garnishment notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section. The original judgment shall be retained by the clerk.
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(2) The clerk shall mail to the garnishee, at the
| | address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the garnishment notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery. This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person. The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case. The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.
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(3) The return receipt must be attached to the
| | original summons and, if it shows delivery at least 10 days before the day for the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
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(4) The clerk shall note the fact of service in a
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(d) The garnishment summons may be served and returned in the manner provided by Supreme Court Rule for service, otherwise than by publication, of a notice for additional relief upon a party in default.
(Source: P.A. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-706
(735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
Sec. 12-706. Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer
as required by Part 7 of Article XII
of this Act, the court may enter a conditional judgment
against the garnishee for the amount due upon the judgment against the
judgment debtor. A summons to confirm the conditional judgment may issue
against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the
judgment should not be made final. If the garnishee, after being served
with summons to confirm the conditional judgment or after being notified
as provided in subsection (b) hereof, fails to appear and answer, the
court shall confirm such judgment to the amount of the judgment against
the judgment debtor and award costs. If the garnishee appears and
answers, the same proceedings may be had as in other cases.
(b) If any garnishee becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the garnishee may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in the same
manner as if he or she had been personally served with summons to confirm the
conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-707
(735 ILCS 5/12-707) (from Ch. 110, par. 12-707)
Sec. 12-707.
Duties of garnishee.
(a) To the extent of the amount due upon the judgment and costs, the
garnishee shall hold, subject to the order of the court any non-exempt
indebtedness or other non-exempt property in his or her possession, custody
or control belonging to the judgment debtor or in which the
judgment debtor has any interest. The judgment or balance due thereon becomes
a lien on the indebtedness and other property held by the
garnishee at the time of the service of garnishment summons and remains
a lien thereon pending the garnishment proceeding.
(b) The garnishee shall file, on or before the return date, or
within the further time that the court for cause may allow, a written
answer under oath to the interrogatories, setting forth as of the date
of service of the garnishment summons any indebtedness due or to
become due to the judgment debtor and any other property in his, her or its
possession, custody or control belonging to the judgment debtor or in which
the judgment debtor has an interest. The garnishee shall mail, by first class
mail, a copy of the answer to the judgment creditor or its attorney and to the
judgment debtor at the address specified in the affidavit filed under Section
12-701 of this Act, or at any other address or location of the judgment debtor
known to the garnishee, and shall certify in the answer that it was so mailed
to the judgment debtor.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-708
(735 ILCS 5/12-708) (from Ch. 110, par. 12-708)
Sec. 12-708.
Deductions and set-offs of garnishee.
The garnishee is entitled to assert against the indebtedness due to the
judgment debtor offsetting claims against either or both the judgment
creditor and the judgment debtor, whether due at the time of service
of the garnishment summons or thereafter to become due and whether
liquidated or unliquidated, except claims for unliquidated damages for
actions sounding in tort. To the extent that other property
belonging to the judgment debtor or in which the judgment debtor has
an interest is pledged to or held by the garnishee in good faith as
security or that the garnishee has other just claim against the
other property, the garnishee is entitled to retain the other property.
The garnishee is liable for the balance of the indebtedness due to the
judgment debtor after the offsetting claims are adjusted and for
the balance of other property after deducting property to which the
garnishee has just claim. The verdict or finding and judgment shall show
the amount of offsetting claims or deductions allowed against each
party.
(Source: P.A. 83-707.)
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735 ILCS 5/12-709
(735 ILCS 5/12-709) (from Ch. 110, par. 12-709)
Sec. 12-709.
Negotiable paper.
No person shall be liable as a garnishee by reason of having drawn,
accepted, made or endorsed a negotiable instrument in the possession of the
judgment debtor at the time of either (1) service of the garnishment summons
or (2) entry of judgment when the negotiable instrument is not due.
(Source: P.A. 82-280.)
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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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