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 garnishee's written answer shall set forth all the judgment debtor's personal property in its possession, even if it is not in excess of $1,000.
12-705.1.Automatic exemption.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Last amended 2026 · Last verified July 20, 2026
In one sentenceWhen the underlying judgment is a consumer debt judgment, the debtor automatically gets a $1,000 exemption, and the garnishee's answer must list all of the debtor's personal property in its possession even under that amount.
Full Text of 735 ILCS 5/12-705.1
Plain-English Summary
Section 12-705.1 gives judgment debtors facing a consumer debt judgment an exemption they do not have to ask for. Once a court has entered a consumer debt judgment, as Section 2-1303 defines that term, the debtor is entitled to an automatic $1,000 exemption defined in Section 12-1001.1.
The section also directs the garnishee's response. Even though the first $1,000 is automatically exempt, the garnishee must still list all of the judgment debtor's personal property in its possession in the written answer, not just the amount above $1,000. That full disclosure lets the court, the creditor, and the debtor see the complete picture of what the garnishee is holding, with the exemption applied afterward rather than the garnishee deciding on its own what to omit.
Frequently Asked Questions
What is the automatic exemption under Section 12-705.1?
A $1,000 exemption that applies automatically once a consumer debt judgment has been entered against the judgment debtor, as defined in Section 12-1001.1.
Does the debtor have to file anything to claim the automatic exemption?
The section describes it as automatic upon entry of a consumer debt judgment, tied to the definition in Section 12-1001.1.
What is a consumer debt judgment?
Section 12-705.1 points to the definition in Section 2-1303(b)(1) for what counts as a consumer debt judgment.
Must the garnishee still disclose personal property worth less than $1,000?
Yes. The garnishee's written answer must set forth all of the judgment debtor's personal property in its possession, even if it does not exceed $1,000.
Does the $1,000 automatic exemption apply to every garnishment case?
Section 12-705.1 ties the automatic exemption to cases where a consumer debt judgment, as defined in Section 2-1303, has been entered against the debtor.
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
Also known as: automatic exemption illinois garnishment$1000 exemption illinoisconsumer debt judgment garnishment12-1001.1 exemption