Illinois Compiled Statutes
735 ILCS 5/4-126 (2026)
Summoning garnishees
✓ current as of May 2026
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(735 ILCS 5/4-126)
(from Ch. 110, par. 4-126)
Sec. 4-126.
Summoning garnishees.
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.
(Source: P.A. 89-364, eff. 1-1-96.)
Notes of Decisions
Cited in 3
cases, 2007–2010 · leading case: Gradel v. Piranha Capital, L.P., 495 F.3d 729 (7th Cir. 2007).
Gradel v. Piranha Capital, L.P., 495 F.3d 729 (7th Cir. 2007). “Investors in a hedge fund called Piranha Capital sued Piranha in an Illinois state court, claiming violations of federal securities law as well as state law. By serving the summons on another company, Pershing LLC, the plaintiffs automatically attached $1 million held in…”
First Mid-Illinois Bank & Trust v. Parker (Ill. App. Ct. 2010). “735 ILCS 5/4-126 (West 2006). Persons so summoned shall be considered as garnishees, who shall thereafter hold property in their possession belonging 8 to the defendant subject to the court's order in the proceeding and shall not pay to the defendant any indebtedness owed to him…”
Paloian v. Grupo Serla S.A. De C v. (In Re GGSI Liquidation, Inc.), 389 B.R. 636 (Bankr. N.D. Ill. 2008). “Service of the Norir-Wage Garnishment Summons Satisfies Due Process According to 735 ILCS 5/4-126: 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,…”
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