(a) The costs of obtaining a garnishment order shall be charged to the judgment debtor, unless the court determines, in its discretion, that costs incurred by the judgment creditor were improperly incurred, in which case those costs shall be paid by the judgment creditor.
12-716.Costs and fees.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe judgment debtor normally pays the costs of obtaining a garnishment order unless the court finds those costs were improperly incurred, and no fee is charged to a garnishee for appearing, answering, or being subpoenaed as a witness.
Full Text of 735 ILCS 5/12-716
(b) No fee shall be paid by a garnishee for filing his, her or its appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of the garnishment summons or at any time thereafter, unless he or she is subpoenaed to appear as a witness, in which case he or she is entitled to witness fees as in other civil cases.
Plain-English Summary
Section 12-716 allocates the costs and fees that come with a garnishment case. Subsection (a) puts the cost of obtaining a garnishment order on the judgment debtor by default, but shifts those costs back to the judgment creditor if the court decides, in its discretion, that the creditor improperly incurred them.
Subsections (b) and (c) protect the garnishee from being charged for participating in a case it did not create. No fee is charged for the garnishee to file its appearance, answer, or satisfaction of a judgment entered against it, and no fee is paid to the garnishee at the time of service of the summons or afterward. The one exception is a garnishee who is subpoenaed to appear as a witness, who is then entitled to the same witness fees available in other civil cases.
Frequently Asked Questions
Who normally pays the costs of obtaining a garnishment order?
The judgment debtor, unless the court determines in its discretion that the judgment creditor improperly incurred those costs, in which case the creditor pays them.
Does a garnishee pay a fee to file its appearance or answer?
No. Section 12-716(b) states that no fee is paid by a garnishee for filing its appearance, answer, or satisfaction of a judgment entered against it.
Is a garnishee paid any fee just for being served with a garnishment summons?
No. Subsection (c) provides that no fee is paid to a garnishee at the time of service of the summons or at any time thereafter.
When is a garnishee entitled to witness fees under Section 12-716?
When the garnishee is subpoenaed to appear as a witness, in which case it is entitled to witness fees as in other civil cases.
Can the court shift garnishment costs to the judgment creditor?
Yes, if the court determines that costs incurred by the judgment creditor were improperly incurred, those costs are paid by the creditor rather than the debtor.
Amendment History
(Source: P.A. 87-1252.)
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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