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 garnishment summons or (2) entry of judgment when the negotiable instrument is not due.
12-709.Negotiable paper.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA person cannot be held liable as a garnishee just for having drawn, accepted, made, or endorsed a negotiable instrument the judgment debtor held at the time of service or, if not yet due, at the time of judgment.
Full Text of 735 ILCS 5/12-709
Plain-English Summary
Section 12-709 shields makers, drawers, and endorsers of negotiable instruments from garnishment liability arising solely from that role. If the judgment debtor was holding a negotiable instrument, such as a note or draft, at the time the garnishment summons was served, the person who drew, accepted, made, or endorsed that instrument is not liable as a garnishee on that basis.
The protection extends past the summons date in one situation: if the instrument was not yet due when the garnishment judgment is entered, the same protection applies at that later point too. In practical terms, the statute keeps garnishment from being used to accelerate liability on paper the debtor is holding but that has not yet come due, tracking the related timing rule in Section 12-713 for debts owed directly to the garnishee.
Frequently Asked Questions
Can someone be garnished only because the judgment debtor holds a note they signed?
No. Section 12-709 says a person is not liable as a garnishee just for having drawn, accepted, made, or endorsed a negotiable instrument the debtor was holding at service or, if not yet due, at judgment.
Does it matter when the negotiable instrument comes due?
Yes. The protection covers the instrument's status both at the time of service of the garnishment summons and, if the instrument was not yet due, at the time judgment is entered.
What kinds of parties to a negotiable instrument does Section 12-709 protect?
Anyone who drew, accepted, made, or endorsed the instrument.
How does Section 12-709 relate to Section 12-713?
Both sections deal with timing: Section 12-709 protects makers and endorsers of instruments not yet due, while Section 12-713 more generally bars judgment against a garnishee until a debt it owes becomes due.
Is this protection limited to instruments the debtor held at a specific moment?
Yes. It applies to instruments the judgment debtor possessed at the time of service of the garnishment summons, or, for instruments not yet due, at the time of entry of judgment.
Amendment History
(Source: P.A. 82-280.)
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: negotiable instrument garnishment illinoisgarnishing a promissory noteendorser garnishment liabilitynote held by judgment debtor garnishment