Upon the death of a garnishee, the procedure shall be the same as in the case of the death of a defendant in other civil cases.
12-717.Death of garnishee and procedure thereafter.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a garnishee dies during the case, the garnishment proceeds the same way a case proceeds when a defendant dies in any other civil action.
Full Text of 735 ILCS 5/12-717
Plain-English Summary
Section 12-717 is a short cross-reference rather than a self-contained procedure. If a garnishee dies while the garnishment case is pending, the procedure that follows is the same procedure Illinois uses when a defendant dies in any other civil case, rather than a special rule unique to garnishment.
That approach keeps garnishment consistent with the rest of civil practice instead of creating a separate track for a garnishee's death, and it works alongside Section 12-703, which already anticipates that an administrator or executor of an estate may itself be summoned as a garnishee.
Frequently Asked Questions
What procedure applies if a garnishee dies during a garnishment case?
The same procedure that applies when a defendant dies in other civil cases.
Does Section 12-717 create a special process for a deceased garnishee?
No. It adopts the existing civil case procedure for the death of a defendant rather than establishing a separate garnishment-specific process.
How does Section 12-717 relate to Section 12-703?
Section 12-703 already allows an administrator or executor of an estate to be summoned as a garnishee, and Section 12-717 addresses what happens if the garnishee itself dies during the case.
Is Section 12-717 a long or detailed procedural section?
No. It consists of a single cross-reference directing that the death of a garnishee be handled the way the death of a defendant is handled in other civil cases.
Who decides how a case proceeds after a garnishee's death under this section?
The same rules that govern the death of a defendant in other civil cases apply, rather than a distinct garnishment rule.
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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