Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/12-702) (from Ch. 110, par. 12-702) Sec. 12-702. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 89-364, eff. 1-1-96.)

(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…

(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 …

(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 garni…

(735 ILCS 5/12-705.1) Sec. 12-705.1. Automatic exemption. When a consumer debt judgment, as defined in paragraph (b)(1) of Section 2-1303, has been entered against a judgment debtor, the debtor is entitled to a $1,000 automatic exemption, as defined in Section 12-1001.1. A garnis…

(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 amoun…

(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 po…

(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, wheth…

(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 …

(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 h…

(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 postpone…

(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 prope…

(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 t…

(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 d…

(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 t…

(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 incurr…

(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.)

(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 cour…

(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, unle…

(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 Sect…

(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.)

(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 …

(735 ILCS 5/12-804) (from Ch. 110, par. 12-804) Sec. 12-804. Exemptions from deduction orders. 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 contribute to…

(735 ILCS 5/12-805) (from Ch. 110, par. 12-805) Sec. 12-805. Summons; Issuance. (a) 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 for wages due or to become due, a…

(735 ILCS 5/12-806) (from Ch. 110, par. 12-806) Sec. 12-806. Service and return of summons. 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 and one copy of the judgment or certification an…

(735 ILCS 5/12-807) (from Ch. 110, par. 12-807) Sec. 12-807. Failure of employer to appear. (a) If an employer fails to appear and answer as required by Part 8 of Article XII of this Act, the court may enter a conditional judgment against the employer for the amount due upon the …

(735 ILCS 5/12-808) (from Ch. 110, par. 12-808) Sec. 12-808. Duty of employer. (a) An employer served as herein provided shall pay the employee the amount of his or her exempt wages. (b) To the extent of the amount due upon the judgment and costs, the employer shall hold, subject…

(735 ILCS 5/12-808.5) Sec. 12-808.5. Certification of judgment balance. Whenever a wage deduction order has not been fully satisfied by the end of the first full calendar quarter following the date of service of the wage deduction summons: (1) The judgment creditor or his attorne…

(735 ILCS 5/12-809) (from Ch. 110, par. 12-809) Sec. 12-809. Offsetting claims. The employer is entitled to assert against indebtedness due to the judgment debtor offsetting claims against either or both the judgment creditor and the judgment debtor, whether (1) due at the time o…

(735 ILCS 5/12-810) (from Ch. 110, par. 12-810) Sec. 12-810. Adverse claims. (a) In the event any indebtedness or other property due from or in the possession of an employer is claimed by any other person, the court shall permit the claimant to appear and maintain his or her clai…

(735 ILCS 5/12-811) (from Ch. 110, par. 12-811) Sec. 12-811. Trial and judgment. (a) The judgment creditor or the judgment debtor may contest the truth or sufficiency of the employer's answer and, in accordance with local court rules, the court shall immediately, unless for good …

(735 ILCS 5/12-812) (from Ch. 110, par. 12-812) Sec. 12-812. Effect of order. A deduction order against an employer shall be enforceable as in other civil cases and shall discharge the employer of all claims by the judgment debtor for the indebtedness paid, delivered or accounted…

(735 ILCS 5/12-813) (from Ch. 110, par. 12-813) Sec. 12-813. Judgment by confession. A judgment by confession without service of process on the defendant shall not be the basis for seeking a deduction order, unless such judgment is confirmed after service of process by a trial de…

(735 ILCS 5/12-814) (from Ch. 110, par. 12-814) Sec. 12-814. Costs and fees. (a) The costs of obtaining a deduction 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…

(735 ILCS 5/12-815) (from Ch. 110, par. 12-815) Sec. 12-815. Death of employer. Upon the death of an employer 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.)

(735 ILCS 5/12-816) (from Ch. 110, par. 12-816) Sec. 12-816. Assignment, transfer or other disposition. 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 deduction order…

(735 ILCS 5/12-817) (from Ch. 110, par. 12-817) Sec. 12-817. Wrongful issuance of summons. If any person wrongfully causes summons to issue for a deduction order, he or she shall be liable to the employee and the employer for all damages occasioned by such action including reason…

(735 ILCS 5/12-818) (from Ch. 110, par. 12-818) Sec. 12-818. Discharge or suspension of employee prohibited. No employer may discharge or suspend any employee by reason of the fact that his or her earnings have been subjected to a deduction order for any one indebtedness. Any per…

(735 ILCS 5/12-819) (from Ch. 110, par. 12-819) Sec. 12-819. Limitations on Part 8 of Article XII. The provisions of this Part 8 of Article XII of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the …

(735 ILCS 5/12-901) (from Ch. 110, par. 12-901) Sec. 12-901. Amount. Every individual is entitled to an estate of homestead to the extent in value of $50,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or right…

(735 ILCS 5/12-902) (from Ch. 110, par. 12-902) Sec. 12-902. Exemption after death or desertion. Such exemption shall continue after the death of such individual, for the benefit of the spouse surviving, so long as he or she continues to occupy such homestead, and of the children…

(735 ILCS 5/12-903) (from Ch. 110, par. 12-903) Sec. 12-903. Extent of exemption. No property shall, by virtue of Part 9 of this Article, be exempt from sale for nonpayment of taxes or assessments, or for a debt or liability incurred for the purchase or improvement thereof, or fo…

(735 ILCS 5/12-903.5) Sec. 12-903.5. Drug asset forfeitures. (a) The homestead exemption under this Part 9 of Article XII does not apply to property subject to forfeiture under Section 505 of the Illinois Controlled Substances Act, Section 12 of the Cannabis Control Act, Section …

(735 ILCS 5/12-904) (from Ch. 110, par. 12-904) Sec. 12-904. Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be valid, unless the same is in writing, signed by the individual and his or her spouse, if he or she have one, or possessi…

(735 ILCS 5/12-905) (from Ch. 110, par. 12-905) Sec. 12-905. Dissolution of marriage. In case of a dissolution of marriage, the court granting the dissolution of marriage may dispose of the homestead estate according to the equities of the case. (Source: P.A. 82-280.)

(735 ILCS 5/12-906) (from Ch. 110, par. 12-906) Sec. 12-906. Proceeds of sale. When a homestead is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incumbrance to which it would not be subject in the possession of such owner; and the pr…

(735 ILCS 5/12-907) (from Ch. 110, par. 12-907) Sec. 12-907. Insurance proceeds. Whenever a building, exempted as a homestead, is insured in favor of the person entitled to the exemption, and a loss occurs, entitling such person to the insurance, such insurance money shall be exe…

(735 ILCS 5/12-908) (from Ch. 110, par. 12-908) Sec. 12-908. Enforcement of lien. In the enforcement of a lien in the circuit court upon premises, including the homestead, if such right is not waived or released, as provided in Part 9 of Article XII of this Act, the court may set…

(735 ILCS 5/12-909) (from Ch. 110, par. 12-909) Sec. 12-909. Bid for less than exempted amount. No sale shall be made of the premises on such judgment unless a greater sum than $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individua…

(735 ILCS 5/12-910) (from Ch. 110, par. 12-910) Sec. 12-910. Proceedings to enforce judgment. If in the opinion of the judgment creditors, or the officer holding a certified copy of a judgment for enforcement against such individuals, the premises claimed by him or her as exempt …