(a) In the event any indebtedness or other property due from or in the possession of a garnishee is claimed by any other person, the court shall permit the claimant to appear and maintain his or her claim. A claimant not voluntarily appearing shall be served with notice as the court shall direct. If a claimant fails to appear after being served with notice in the manner directed, he or she shall be concluded by the judgment entered in the garnishment proceeding. (b) If the adverse claimant appears and, within the time the court allows, files his or her claim and serves a copy thereof upon the judgment creditor, the judgment debtor, and the garnishee, he or she is then a party to the garnishment proceeding; and his or her claim shall be tried and determined with the other issues in the garnishment action. Upon certification by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) that a person who is receiving support payments under this Section is a public aid recipient, any support payments subsequently received by the clerk of the court shall be transmitted to the Department until the Department gives notice to cease such transmittal. If the adverse claimant is entitled to all or part of the indebtedness or other property, the court shall enter judgment in accordance with the interests of the parties. (c) Claims for the support of a spouse or dependent children shall be superior to all other claims for garnishment of property.
12-710.Adverse claims; Trial.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Last amended 2007 · Last verified July 20, 2026
In one sentenceAnyone else who claims the property or debt held by the garnishee can appear and have that claim tried with the garnishment case, but support claims for a spouse or dependent children rank above every other garnishment claim.
Full Text of 735 ILCS 5/12-710
Plain-English Summary
Section 12-710 handles the situation where more than one person claims an interest in the property or debt the garnishee is holding. If a third party claims that property or indebtedness, the court must let that claimant appear and press the claim. A claimant who does not appear voluntarily gets notice as the court directs, and a claimant who still fails to appear after proper notice is bound by whatever judgment the court enters in the garnishment case.
A claimant who does appear, files the claim within the time the court allows, and serves copies on the judgment creditor, judgment debtor, and garnishee becomes a party to the case, and the claim is tried along with the other issues in the garnishment action. If the court finds the adverse claimant entitled to all or part of the indebtedness or property, it enters judgment reflecting each party's interest. Subsection (b) also addresses a specific scenario: once the Department of Healthcare and Family Services certifies that someone receiving support payments through this process is a public aid recipient, the clerk transmits any support payments it later receives to the Department until told to stop.
Subsection (c) sets a priority rule for the whole Part: claims for the support of a spouse or dependent children outrank every other claim to garnished property.
Frequently Asked Questions
What happens if a third party claims the money or property the garnishee is holding?
The court must let that claimant appear and maintain the claim, and the claim is tried together with the other issues in the garnishment case once the claimant properly appears.
What happens to an adverse claimant who does not appear after being notified?
A claimant who fails to appear after being served with notice as the court directs is bound by the judgment entered in the garnishment proceeding.
How does someone become a party as an adverse claimant under Section 12-710?
By appearing, filing the claim within the time the court allows, and serving a copy on the judgment creditor, the judgment debtor, and the garnishee.
What priority do support claims have over other garnishment claims?
Section 12-710(c) makes claims for the support of a spouse or dependent children superior to all other claims for garnishment of property.
What role does the Department of Healthcare and Family Services play under this section?
Once the Department certifies that a person receiving support payments through the garnishment proceeding is a public aid recipient, the clerk transmits later support payments to the Department until it gives notice to stop.
Amendment History
(Source: P.A. 95-331, eff. 8-21-07.)
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: adverse claim garnishment illinoisthird party claim to garnished propertysupport payment priority garnishmentwho has priority in garnishment illinois