Article IV. Attachment · Part 1. In General · Last amended 1996 · Last verified July 20, 2026
In one sentenceThe officer must summon every garnishee named in the order plus anyone the creditor identifies as holding the debtor's property or owing the debtor money, and once summoned, those garnishees must freeze non-exempt holdings and stop paying the debtor.
Full Text of 735 ILCS 5/4-126
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The sheriff or any other person authorized to serve summons shall, in like manner as summons are served in ordinary civil cases, summon, wherever they may be found in the State, the persons mentioned in such order for attachment as garnishees and all other persons whom the creditor shall designate as having any property, effects, choses in action or credits in their possession or power, belonging to the defendant, or who are in anyway indebted to such defendant, the same as if their names had been inserted in such order for attachment. The persons so summoned shall be considered as garnishees. The return shall state the names of all persons so summoned, and the date of such service on each.
Persons summoned as garnishees shall thereafter hold any property, effects, choses in action or credits in their possession or power belonging to the defendant which are not exempt, subject to the court's order in such proceeding, and shall not pay to the defendant any indebtedness owed to him or her subject to such order, and such property, effects, choses in action, credits and debts shall be considered to have been attached and the plaintiff's claim to have become a lien thereon pending such action.
Plain-English Summary
Section 4-126 extends attachment beyond property the officer can physically seize, reaching assets held by third parties. The officer, or any person authorized to serve summons, must summon -- wherever they can be found in the state -- both the persons named as garnishees in the order and any other persons the creditor designates as holding property, effects, choses in action, or credits belonging to the defendant, or as owing the defendant a debt. Those persons become garnishees whether or not their names originally appeared in the order, and the officer's return must list everyone summoned along with the date each was served.
Once summoned, a garnishee's obligations change immediately. The garnishee must hold any non-exempt property, effects, choses in action, or credits belonging to the defendant subject to the court's order in the proceeding, and must not pay the defendant any debt owed that is covered by that order. The statute treats that property, and any debt owed to the defendant, as attached from that point, with the plaintiff's claim becoming a lien on it while the action is pending.
Frequently Asked Questions
Who can be summoned as a garnishee in an Illinois attachment case?
Anyone named in the order for attachment, plus any other person the creditor designates as holding the defendant's property, effects, choses in action, or credits, or as owing the defendant a debt.
What must a garnishee do once summoned?
Hold any non-exempt property, effects, choses in action, or credits belonging to the defendant subject to the court's order, and refrain from paying the defendant any covered debt.
Does being summoned as a garnishee create a lien on the debtor's property?
Yes. Section 4-126 treats the property, effects, choses in action, credits, and debts held by the garnishee as attached, with the plaintiff's claim becoming a lien on them pending the action.
What must the officer's return show after summoning garnishees?
The names of all persons summoned as garnishees and the date of service on each.
Is a garnishee's obligation limited to property that is not exempt?
Yes. The section specifically requires garnishees to hold property, effects, choses in action, and credits that are not exempt, subject to the court's order.
Amendment History
(Source: P.A. 89-364, eff. 1-1-96.)
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:garnishment attachment illinoissummon garnishee attachmentgarnishee obligations illinoisattachment lien on credits