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Illinois Compiled Statutes

735 ILCS 5/12-710 (2026)

Adverse claims; Trial

✓ current as of May 2026
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(735 ILCS 5/12-710) (from Ch. 110, par. 12-710)
    Sec. 12-710. Adverse claims; Trial.
    (a) In the event any indebtedness or other property due from or in the possession of a garnishee is claimed by any other person, the court shall permit the claimant to appear and maintain his or her claim. A claimant not voluntarily appearing shall be served with notice as the court shall direct. If a claimant fails to appear after being served with notice in the manner directed, he or she shall be concluded by the judgment entered in the garnishment proceeding.
    (b) If the adverse claimant appears and, within the time the court allows, files his or her claim and serves a copy thereof upon the judgment creditor, the judgment debtor, and the garnishee, he or she is then a party to the garnishment proceeding; and his or her claim shall be tried and determined with the other issues in the garnishment action. Upon certification by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) that a person who is receiving support payments under this Section is a public aid recipient, any support payments subsequently received by the clerk of the court shall be transmitted to the Department until the Department gives notice to cease such transmittal. If the adverse claimant is entitled to all or part of the indebtedness or other property, the court shall enter judgment in accordance with the interests of the parties.
    (c) Claims for the support of a spouse or dependent children shall be superior to all other claims for garnishment of property.
(Source: P.A. 95-331, eff. 8-21-07.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2016–2026 · leading case: Gataric v. Colak, 2016 IL App (1st) 151281 (Ill. App. Ct. 2016).
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Gataric v. Colak, 2016 IL App (1st) 151281 (Ill. App. Ct. 2016). “¶ 17 When a third party asserts rights to the property in question, the claimant’s rights shall be 6 1-15-1281 determined in accordance with the garnishment statute (735 ILCS 5/12-710 et seq. (West 2014)). Bank of Aspen v.”
FirstMerit Bank, N.A. v. McEnery, 2022 IL App (3d) 210306 (Ill. App. Ct. 2022). “¶5 On October 4, 2018, the McNulty Trusts filed an adverse claim as to 200 of McEnery’s shares in Mid-Iron (735 ILCS 5/12-710 (West 2018)). The McNulty Trusts stated McEnery 1 The relevant citations issued in this case were continued and remained effective throughout the…”
Koehler v. The Packer Grp., Inc., 2020 IL App (1st) 181787-U (Ill. App. Ct. 2020). · cites it 2× “” 735 ILCS 5/12-710 (West 2014). ¶ 51 “It is well settled that when, either by *** answer or otherwise, it appears that the property involved is subject to adverse claims, a notice to the claimants is mandatory[,]” In re Marriage of Souleles, 111 Ill.”
Fox Valley Laborers' Health & Welfare Fund v. Hugh Henry Constr. Inc. (N.D. Ill. 2018). “Thus, Centaur had the opportunity to provide notice of conflicting claims in the state court proceeding pursuant to 735 ILCS 5/12-710 or to claim an offset based on the Funds’ citation.”
Polinski v. Olszewski, 2026 IL App (1st) 241712-U (Ill. App. Ct. 2026). “” 735 ILCS 5/12-710(a) (West 2024) The section further states that, if a claimant “fails to appear after being served with notice in the manner directed, *** she shall be concluded by the judgment entered in the garnishment proceeding.”
— 735 ILCS 5/12-710(a) — 1 case
Polinski v. Olszewski, 2026 IL App (1st) 241712-U (Ill. App. Ct. 2026). “” 735 ILCS 5/12-710(a) (West 2024) The section further states that, if a claimant “fails to appear after being served with notice in the manner directed, *** she shall be concluded by the judgment entered in the garnishment proceeding.”
— 735 ILCS 5/12-710(b) — 1 case
Koehler v. The Packer Grp., Inc., 2020 IL App (1st) 181787-U (Ill. App. Ct. 2020). “” 735 ILCS 5/12-710 (West 2014). ¶ 51 “It is well settled that when, either by *** answer or otherwise, it appears that the property involved is subject to adverse claims, a notice to the claimants is mandatory[,]” In re Marriage of Souleles, 111 Ill.”
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