(a) "Automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment as defined in paragraph (1) of subsection (b) of Section 2-1303 has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking or savings deposit account by a third party citation respondent or garnishee immediately upon entry of the consumer debt judgment and before the entry of an order of the court (i) confirming the judgment debtor's personal property exemption in that sum of money, or (ii) otherwise directing the turnover of the funds to the judgment creditor. The automatic exemption is part of the judgment debtor's equity interest, not to exceed $4,000 in value, in any property under subsection (b) of Section 12-1001.
12-1001.1.Automatic exemption.
Article XII. Judgments - Enforcement · Part 10. Exemption of Personal Property · Last amended 2026 · Last verified July 20, 2026
In one sentenceGives a judgment debtor an immediate $1,000 exemption in checking or savings funds held by a bank or other garnishee the moment a post-2019 consumer debt judgment is entered, before any court order confirms it.
Full Text of 735 ILCS 5/12-1001.1
(b) The judgment debtor's right to receive the automatic exemption expires on the return date, and the unspent portion of the automatic exemption shall be subject to the entry of an order by the court directing its turnover to the judgment creditor to be applied towards satisfaction of the judgment.
(e) If a third party citation respondent or garnishee is ordered to turn over funds of the judgment debtor held in a checking or savings deposit account in its possession, it shall not be obligated to turn over funds in excess of the amount it is holding on the date that it processes the turnover order, irrespective of the account balance on the date of the judgment, the date of its answers to the citation or garnishment, or the return date. The turnover order shall operate to serve as a dismissal of the citation or garnishment and release of the judgment against the third party citation respondent or garnishee, upon the receipt of the turnover funds by the judgment creditor or its attorney.
(f) If the judgment debtor or the judgment debtor's attorney does not appear on the return date to claim the judgment debtor's equity interest, not to exceed $4,000, in any personal property held by the third party citation respondent or garnishee, the court may enter an order directing the turnover of the funds, including the automatic exemption or any remaining portion thereof, to the judgment creditor.
Plain-English Summary
This section defines the “automatic exemption”: $1,000 of a judgment debtor's equity interest in personal property held in a checking or savings deposit account by a third-party citation respondent or garnishee. It applies immediately upon entry of a consumer debt judgment entered on or after January 1, 2020, before any court order confirms the exemption or directs turnover of the funds. This $1,000 is part of, not in addition to, the $4,000 wildcard equity exemption available under the personal-property exemption section.
The debtor's right to the automatic exemption expires on the return date, after which any unspent portion becomes subject to a court order directing its turnover to the judgment creditor. Before the return date, the lien that would otherwise attach through a citation or garnishment doesn't reach the automatic exemption, and a third-party citation respondent must exclude that amount when withholding funds sought by the creditor.
On the turnover side, a respondent or garnishee ordered to turn over the debtor's funds only has to turn over what it's holding on the day it processes the order, regardless of the balance on the judgment date, the date it answered the citation, or the return date; turnover to the creditor dismisses the citation or garnishment and releases the judgment against that third party. If the debtor or the debtor's attorney doesn't show up on the return date, the court may order turnover of the funds, including any remaining automatic exemption.
Frequently Asked Questions
How much is the automatic exemption, and where does it apply?
$1,000 of the debtor's equity interest in personal property held in a checking or savings account by a citation respondent or garnishee.
When does the automatic exemption take effect?
Immediately upon entry of a consumer debt judgment entered on or after January 1, 2020, before any court order.
Does the automatic exemption add to the $4,000 wildcard exemption?
No. It's part of that $4,000 amount, not an additional exemption on top of it.
When does the debtor's right to the automatic exemption expire?
On the return date.
What happens if the debtor doesn't appear on the return date?
The court may order turnover of the funds, including any remaining automatic exemption, to the judgment creditor.
Amendment History
(Source: P.A. 104-120, eff. 1-1-26.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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