If the garnishee has in his or her possession, custody or control any property belonging to the defendant or which he or she is obligated to deliver to the defendant, with or without condition, the court may enter all proper orders for the delivery thereof to the proper officer, the sale or disposition of the same, and the discharging of any lien thereon, and may authorize the garnishee to collect any indebtedness or to sell any other property and account for the proceeds. The court, when necessary to further the purposes and provisions of Part 7 of Article XII of this Act, may compel the judgment debtor to do or to refrain from doing any specific act or deed; or the court may appoint a receiver to collect any indebtedness or to take possession, sell or otherwise dispose of any other property, and enter all orders in regard thereto which are necessary and equitable between the parties.
12-718.Powers of court.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe court can order a garnishee holding the debtor's property to deliver, sell, or dispose of it and clear any lien, compel the debtor to act or refrain from acting, or appoint a receiver to collect debts or manage the property.
Full Text of 735 ILCS 5/12-718
Plain-English Summary
Section 12-718 hands the court broad equitable tools once a garnishee holds property belonging to the defendant, whether the garnishee's obligation to deliver that property is conditional or not. The court can enter proper orders directing delivery of the property to the proper officer, its sale or disposition, and the discharge of any lien on it. It can also authorize the garnishee itself to collect an indebtedness or sell other property and account for the proceeds, rather than routing everything through a court officer.
The section reaches the judgment debtor directly too: when necessary to carry out the purposes of Part 7, the court may compel the judgment debtor to do, or to refrain from doing, a specific act or deed. And it lets the court appoint a receiver to collect an indebtedness or take possession, sell, or otherwise dispose of other property, entering whatever orders are necessary and equitable between the parties.
Frequently Asked Questions
What orders can a court enter regarding property held by a garnishee?
Orders for delivery of the property to the proper officer, its sale or disposition, and discharge of any lien on it.
Can the court let the garnishee itself collect a debt or sell property instead of a court officer doing so?
Yes. Section 12-718 lets the court authorize the garnishee to collect any indebtedness or sell other property and account for the proceeds.
Can the court order the judgment debtor to do something under this section?
Yes. When necessary to further the purposes of Part 7, the court may compel the judgment debtor to do, or refrain from doing, a specific act or deed.
Can a receiver be appointed in a garnishment case?
Yes. The court may appoint a receiver to collect an indebtedness or take possession, sell, or otherwise dispose of other property, entering orders necessary and equitable between the parties.
Does Section 12-718 apply only when the garnishee's obligation to deliver property is unconditional?
No. It applies whether the garnishee is obligated to deliver the property with or without condition.
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: court powers in garnishment illinoisreceiver appointed garnishment casecourt order garnishee sell propertycompel judgment debtor to act