735 ILCS 5/12-701
Affidavit for garnishment; Contents
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(735 ILCS 5/12-701)
(from Ch. 110, par. 12-701)
Sec. 12-701.
Affidavit for garnishment; Contents.
Upon the filing by a
judgment creditor, its attorney or other designee of (1) an affidavit that the
affiant believes any person is indebted to the judgment debtor, other than for
wages, or has in his or her possession, custody or control any other property
belonging to the judgment debtor, or in which the judgment debtor has an
interest, which person shall be identified as the garnishee, and includes the
last address of the judgment debtor known to the affiant as well as the name of
the judgment debtor, (2) the garnishment notice required by Section 12-705, and
(3) written interrogatories to be answered by the garnishee with respect to the
indebtedness or other property, the clerk of the court in which the judgment
was entered shall issue summons against the person named in the affidavit
commanding him or her to appear in the court as garnishee and answer the
interrogatories in writing under oath. The interrogatories shall require that
the garnishee certify that a copy of the completed interrogatories, as
specified in subsection (b) of Section 12-707, has been mailed to the judgment
debtor and shall be in a form consistent with local court rules.
(Source: P.A. 87-1252.)
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1993–2026 · leading case: In re Marriage of Arjmand
In re Marriage of Arjmand (2017)
“See 735 ILCS 5/12-701 et seq. (West 2014). Rather, Rule 304(b)(4) permits an interlocutory appeal only from “[a] final judgment or order entered in a proceeding under section 2-1402 of the Code [(735 ILCS 5/2-1402 (West 2014))].”
In re Marriage of Arjmand (2017)
“See 735 ILCS 5/12-701 et seq. (West 2014). Rather, Rule 304(b)(4) permits an interlocutory appeal only from “[a] final judgment or order entered in a proceeding under -6- section 2-1402 of the Code [(735 ILCS 5/2-1402 (West 2014))].”
In Re Johnson (1997)
“ing a memorandum thereof with the DuPage County Recorder of Deeds to create a judgment lien against any real estate interests the Debtor had under 735 ILCS 5/12-101; or served a certified copy of the Agreed Order as prescribed by 735 ILCS 5/12-111 and 5/12-112 to create an…”
Dore v. Quezada (2017)
“However, simply because an instrument may be payable to Quezada does not necessarily lead to the conclusion he had an “interest” in the funds. - 10 No. 1-16-2142 ¶ 32 When a third party asserts rights to the property in question, the claimant’s rights shall be determined in…”
National Life Real Estate Holdings, LLC v. Scarlato (2017)
“The statutorily required language in a citation notice also mirrors that of an affidavit of garnishment (compare 735 ILCS 5/2-1402(b) (West 2012) (citation notice applies to “assets belonging to the judgment debtor or in which the judgment debtor has an interest”), with 735 ILCS…”
MI Management, LLC v. Proteus Holdings, LLC (2019)
“See 735 ILCS 5/12-701 (West 2014). Proteus Group also argues that one of the nonwage garnishments—the one issued for Bryant—was fatally defective because MI failed to sign the “certificate of attorney or non-attorney” regarding the amount of the judgment at issue.”
MI Management, LLC v. Proteus Holdings, LLC (2018)
“See 735 ILCS 5/12-701 (West 2014). Proteus Group also argues that one of the nonwage garnishments-the one issued for Bryant-was fatally defective because MI failed to sign the "certificate of attorney or non-attorney" regarding the amount of the judgment at issue.”
Village of Lake in the Hills v. Niklaus (2014)
“) In Illinois, “applicable law” relating to collections includes supplementary proceedings under the Code of Civil Procedure (735 ILCS 5/2-1402 (West 2012)), nonwage garnishments (735 ILCS 5/12-701 et seq. (West 2012)), and wage garnishments (735 ILCS 5/12-801 et seq.”
The Village of Lake in the Hills v. Niklaus (2014)
“) In Illinois, “applicable law” relating to collections includes supplementary proceedings under the Code of Civil Procedure (735 ILCS 5/2-1402 (West 2012)), nonwage garnishments (735 ILCS 5/12-701 et seq. (West 2012)), and wage garnishments (735 ILCS 5/12-801 et seq.”
Hurley v. Gaertner (In Re Hurley) (1993)
“Rather, the Grenada court ruled that Mississippi practices and procedures should be applied in the case.”
Dore v. Quezada (2017)
“1 Because we determine that Quezada had no interest in the subject property, we decline to address the trial court’s ruling that Aggen would be entitled to a homestead exemption. -6- ¶ 32 When a third party asserts rights to the property in question, the claimant’s rights shall…”
National Life Real Estate Holdings, LLC v. Scarlato (2017)
“The statutorily required language in a citation notice also mirrors that of an affidavit of garnishment (compare 735 ILCS 5/2-1402(b) (West 2012) (citation notice applies to “assets belonging to the judgment debtor or in which the judgment debtor has an interest”), with 735 ILCS…”
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