12-706.Conditional judgment.

Section 12-706 gives a judgment creditor a way forward when the garnishee ignores the garnishment summons. If the garnishee fails to appear and answer as Part 7 requires, the court may enter a conditional judgment against it for the amount due on the underlying judgment. That is not yet a final judgment; it is a placeholder that puts the garnishee on notice of what it owes if it keeps ignoring the case.

To make the conditional judgment final, the creditor obtains a second summons commanding the garnishee to show cause why the judgment should not become permanent, served and returned the way a notice for additional relief is served on a defaulted party under Illinois Supreme Court Rule 105. If the garnishee still fails to appear and answer after that summons, the court confirms the judgment for the full amount and awards costs. If the garnishee does appear and answer at that point, the case proceeds like any other garnishment case.

Subsection (b) covers the garnishee who cannot be found. If the garnishee becomes a non-resident, leaves Illinois, or hides within the state so the confirming summons cannot be served, the creditor can file an affidavit like the one used against non-resident defendants in attachment cases, and notify the garnishee the same way. Once notified that way, the garnishee can be proceeded against as if personally served.