If a garnishee refuses or neglects to deliver property in his or her possession when ordered by the court or upon request by the officer holding a certified copy of the judgment for enforcement thereof against the judgment debtor, the garnishee may be attached and punished for contempt; or the court may enter judgment against the garnishee for the value of the property or the amount due upon the judgment and costs, whichever is the lesser, and have same enforced against the garnishee.
12-715.Refusal or neglect of garnishee to deliver property.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA garnishee who refuses or neglects to deliver ordered property risks being held in contempt, or the court can instead enter judgment against the garnishee for the property's value or the judgment amount, whichever is smaller.
Full Text of 735 ILCS 5/12-715
Plain-English Summary
Section 12-715 gives the court two ways to respond to a garnishee that will not hand over property it has been ordered to deliver, whether the order comes from the court itself or from a request by the officer holding a certified copy of the judgment for enforcement. One option is contempt: the garnishee can be attached and punished for contempt of court.
The other option is a money judgment against the garnishee directly, sized to whichever figure is smaller, the value of the property or the amount due on the underlying judgment, and enforced against the garnishee just like any other judgment. The section leaves the choice between these two remedies to the court rather than mandating one over the other.
Frequently Asked Questions
What can a court do if a garnishee refuses to deliver property it was ordered to deliver?
The court can attach and punish the garnishee for contempt, or enter judgment against the garnishee for the value of the property or the amount due on the judgment, whichever is less.
Who can trigger this remedy against a non-complying garnishee?
Either the court's own order or a request by the officer holding a certified copy of the judgment for its enforcement against the judgment debtor.
How is the amount of a judgment against a non-complying garnishee calculated?
It is set at whichever is lesser: the value of the property the garnishee refused to deliver, or the amount due on the underlying judgment and costs.
Does Section 12-715 require the court to hold the garnishee in contempt?
No. The section gives the court the option of contempt or a money judgment against the garnishee, without requiring either one specifically.
Is a judgment entered under Section 12-715 enforced differently from other judgments?
No. The section says such a judgment against the garnishee is enforced the same as any other 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: garnishee refuses to deliver property illinoisgarnishee contempt of court illinoispenalty for non compliant garnisheegarnishee neglects to deliver property