(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, subject to subsection (c) of Section 12-1001.1. 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 subject to subsection (c) of Section 12-1001.1.
12-707.Duties of garnishee.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Last amended 2026 · Last verified July 20, 2026
In one sentenceThe garnishee must hold non-exempt property or debts owed to the judgment debtor subject to a lien from the moment it is served, and must file a sworn written answer to the interrogatories by the return date and mail a copy to the debtor.
Full Text of 735 ILCS 5/12-707
(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.
Plain-English Summary
Section 12-707 spells out the two core duties a garnishee takes on once served with a garnishment summons. First, under subsection (a), the garnishee must hold any non-exempt indebtedness or property in its possession, custody, or control that belongs to the judgment debtor, or in which the debtor has an interest, subject to the court's order and up to the amount due on the judgment plus costs. Service of the summons creates a lien on that indebtedness or property, and the lien stays in place while the garnishment proceeding is pending, subject to the automatic exemption in Section 12-1001.1(c).
Second, under subsection (b), the garnishee must file a written answer under oath to the interrogatories on or before the return date, unless the court allows more time for cause. The answer must state, as of the date the garnishment summons was served, any indebtedness due or becoming due to the debtor and any other property in the garnishee's possession, custody, or control belonging to or in which the debtor has an interest.
The garnishee also has a mailing duty tied to that answer: it must mail a copy of the answer, by first class mail, to the judgment creditor or the creditor's attorney and to the judgment debtor, using the address in the Section 12-701 affidavit or any other address or location of the debtor the garnishee knows, and it must certify in the answer that it did so.
Frequently Asked Questions
When does a garnishee's lien over the debtor's property or debt attach?
At the time the garnishment summons is served on the garnishee, and it remains in place while the garnishment proceeding is pending.
By when must the garnishee file its written answer to the interrogatories?
On or before the return date, or within any further time the court allows for cause.
What must the garnishee's answer describe?
Any indebtedness due or becoming due to the judgment debtor, and any other property in the garnishee's possession, custody, or control belonging to or in which the debtor has an interest, measured as of the date the summons was served.
Must the garnishee send the judgment debtor a copy of its answer?
Yes. The garnishee must mail a copy of the answer to the judgment debtor by first class mail, at the address from the Section 12-701 affidavit or another known address, and certify in the answer that it did so.
Does the garnishee's duty to hold property extend to exempt property?
No. Section 12-707(a) requires the garnishee to hold only non-exempt indebtedness or property, subject to the exemption described in Section 12-1001.1(c).
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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