If the debt from the garnishee to the judgment debtor is not due, judgment shall not be entered against the garnishee until the debt is due, either by the terms of the agreement giving rise thereto or by acceleration as therein provided.
12-713.No judgment until debt due.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf the garnishee's debt to the judgment debtor is not yet due, the court cannot enter judgment against the garnishee until the debt matures, whether by its own terms or by acceleration.
Full Text of 735 ILCS 5/12-713
Plain-English Summary
Section 12-713 keeps a garnishment case from forcing early payment of a debt the garnishee does not yet owe. If the debt running from the garnishee to the judgment debtor is not due at the time of the garnishment proceeding, the court withholds judgment against the garnishee until the debt becomes due.
The debt can become due in either of two ways recognized by the section: by the ordinary terms of the agreement that created it, or by acceleration under whatever acceleration clause that agreement provides. Until one of those events occurs, the garnishment case waits, consistent with the related protection in Section 12-709 for negotiable instruments that are not yet due.
Frequently Asked Questions
Can a court enter judgment against a garnishee for a debt that is not yet due?
No. Section 12-713 bars judgment against the garnishee until the debt becomes due.
How can a debt become due for purposes of Section 12-713?
Either by the terms of the agreement that created the debt or by acceleration as that agreement provides.
What happens to the garnishment case while the garnishee's debt is not yet due?
The section does not authorize judgment against the garnishee until the debt matures, so the garnishment proceeding waits for that to occur.
How does Section 12-713 relate to Section 12-709?
Both sections address debts and instruments that are not yet due; Section 12-709 protects makers and endorsers of negotiable instruments held by the debtor, while Section 12-713 more broadly delays judgment on any debt owed by the garnishee until it becomes due.
Does Section 12-713 excuse the garnishee from the garnishment case entirely?
No. It only delays entry of judgment against the garnishee until the debt to the judgment debtor becomes due; the garnishment proceeding otherwise continues.
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
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