(a) A garnishee having property other than money belonging to the judgment debtor, which the garnishee is obligated to deliver to the judgment debtor, shall deliver to the officer holding a certified copy of the judgment for the enforcement thereof against the judgment debtor so much thereof as is necessary to satisfy the amount due upon the judgment and costs.
12-714.Property surrendered in enforcement of a judgment and disposition thereof.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA garnishee holding non-money property owed to the debtor must turn over enough to satisfy the judgment to the enforcing officer, and mortgaged or pledged property can be redeemed by the creditor paying the garnishee what is owed on it.
Full Text of 735 ILCS 5/12-714
(b) If mortgaged or pledged property is in the possession of a garnishee, or property is held for the payment of a debt to the garnishee, the judgment creditor may, under order of court, pay or tender the amount due to the garnishee; and the garnishee shall thereupon deliver the property to the officer holding the certified copy of the judgment for the enforcement thereof against the judgment debtor.
(c) Nothing contained in Part 7 of Article XII of this Act shall be construed to prevent the garnishee from selling property in his or her possession for the payment of claims for which it is mortgaged, pledged or otherwise held at any time before the amount due to the garnishee is paid or tendered, if the sale would be authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the payment of money, and if the promise, condition or other act to be performed can be performed by the judgment creditor without damage to other parties, the court may permit performance by the judgment creditor. Upon performance, or a tender of performance, by the judgment creditor the garnishee shall deliver the property to the officer holding the certified copy of the judgment for the enforcement thereof against the judgment debtor.
(e) Property received by an officer as described in this Section shall be sold in the same manner as if levied upon for the satisfaction of a judgment for the payment of money and from the proceeds of sale the officer shall repay the judgment creditor the amount paid the garnishee for the redemption, with interest, or shall indemnify the judgment creditor for acts done or performed pursuant to order of court in the redemption.
Plain-English Summary
Section 12-714 explains how a garnishee surrenders property, other than money, once a judgment requires it. Under subsection (a), a garnishee holding property it is obligated to deliver to the judgment debtor must turn over enough of that property to the officer holding a certified copy of the judgment to satisfy the amount due plus costs.
Subsections (b) through (d) cover property that is not free and clear. If the property is mortgaged, pledged, or held to secure payment of a debt to the garnishee, the judgment creditor can pay or tender the amount due to the garnishee under court order, and the garnishee must then deliver the property to the enforcing officer. Subsection (c) preserves the garnishee's right to sell property still in its possession to satisfy the mortgage, pledge, or other claim, at any time before the creditor pays or tenders the amount due, as long as such a sale would be allowed between the garnishee and the debtor. Subsection (d) covers property held for some purpose other than securing a debt: if the judgment creditor can perform the condition or act required without harming other parties, the court may let the creditor do so, and the garnishee delivers the property once that performance, or a tender of performance, occurs.
Subsection (e) closes the loop financially. Once the officer sells property received under this section, the same way it would sell property levied on to satisfy a money judgment, the proceeds first repay the judgment creditor what was paid to the garnishee to redeem the property, with interest, or indemnify the creditor for whatever it did under a court order to complete the redemption.
Frequently Asked Questions
What must a garnishee do with non-money property it owes to the judgment debtor?
Deliver enough of that property to the officer holding a certified copy of the judgment to satisfy the amount due on the judgment plus costs.
Can a judgment creditor redeem property the garnishee holds as security?
Yes. Under subsection (b), the creditor may, under court order, pay or tender the amount due to the garnishee, and the garnishee must then deliver the property to the enforcing officer.
Can the garnishee still sell mortgaged or pledged property before the creditor redeems it?
Yes, if such a sale would be authorized as between the garnishee and the judgment debtor, the garnishee may sell it at any time before the amount due to the garnishee is paid or tendered.
What happens if property is held for a purpose other than securing a debt?
If the judgment creditor can perform the required condition or act without harming other parties, the court may allow the creditor to perform it, and the garnishee delivers the property upon that performance or tender of performance.
How does the creditor get reimbursed after property is sold under Section 12-714?
The officer sells the property as if levied upon for a money judgment, and the proceeds repay the creditor what was paid to the garnishee for redemption, with interest, or indemnify the creditor for acts performed under the court's order.
Amendment History
(Source: P.A. 83-707.)
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: garnishee surrender property illinoisredeeming pledged property garnishmentgarnishee mortgaged property deliverydelivering property to enforcing officer