reglab/housing_qa huggingface dataset:
735 ILCS 5/12-701
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (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.)
735 ILCS 5/12-702
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-702)Sec. 12-702.     (Repealed).     (Source: P.A. 82-280. Repealed by 89-364, eff. 1-1-96.)
735 ILCS 5/12-703
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-703)Sec. 12-703.     Garnishment of administrators and executors.     Administrators and executors may be summoned as garnishees regarding  indebtedness or other property belonging to any heir or distributee of  any estate, but judgment shall not be rendered against an administrator  or an executor until an order of distribution is entered by the court  which appointed him or her.    (Source: P.A. 82-280.)
735 ILCS 5/12-704
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-704)Sec. 12-704.     Exemptions from garnishment.     Benefits and refunds payable  by pension or retirement funds or systems and any assets of employees held  by such funds or systems, and any monies an employee is required to pay  to such funds or systems are exempt and are not subject to garnishment under  Part 7 of Article XII of this Act.    (Source: P.A. 83-707.)
735 ILCS 5/12-706
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-706)Sec. 12-706. Conditional judgment.(a) When any person summoned as garnishee fails to appear and answer  as required by Part 7 of Article XII  of this Act, the court may enter a conditional judgment  against the garnishee for the amount due upon the judgment against the  judgment debtor. A summons to confirm the conditional judgment may issue  against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the  judgment should not be made final. If the garnishee, after being served  with summons to confirm the conditional judgment or after being notified  as provided in subsection (b) hereof, fails to appear and answer, the  court shall confirm such judgment to the amount of the judgment against  the judgment debtor and award costs. If the garnishee appears and  answers, the same proceedings may be had as in other cases.(b) If any garnishee becomes a non-resident, goes out of this State,  or is concealed within this State so that the summons to confirm the  conditional judgment cannot be served upon him or her, upon the filing by the  plaintiff or his or her agent of an affidavit as in cases of non-resident  defendants in attachments, the garnishee may be notified in the same  manner as a non-resident defendant in attachment; and upon notice being  given to him or her as above stated, he or she may be proceeded against in the same  manner as if he or she had been personally served with summons to confirm the  conditional judgment.  (Source: P.A. 101-191, eff. 8-2-19.)
735 ILCS 5/12-707
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-707)Sec. 12-707.     Duties of garnishee.(a) To the extent of the amount due upon the judgment and costs, the  garnishee shall hold, subject to the order of the court any non-exempt  indebtedness or other non-exempt property in his or her possession, custody  or control belonging to the judgment debtor or in which the  judgment debtor has any interest. The judgment or balance due thereon becomes  a lien on the indebtedness and other property held by the  garnishee at the time of the service of garnishment summons and remains  a lien thereon pending the garnishment proceeding.(b) The garnishee shall file, on or before the return date, or  within the further time that the court for cause may allow, a written  answer under oath to the interrogatories, setting forth as of the date  of service of the garnishment summons any indebtedness due or to  become due to the judgment debtor and any other property in his, her or its  possession, custody or control belonging to the judgment debtor or in which  the judgment debtor has an interest. The garnishee shall mail, by first class  mail, a copy of the answer to the judgment creditor or its attorney and to the  judgment debtor at the address specified in the affidavit filed under Section  12-701 of this Act, or at any other address or location of the judgment debtor  known to the garnishee, and shall certify in the answer that it was so mailed  to the judgment debtor.    (Source: P.A. 87-1252.)
735 ILCS 5/12-708
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-708)Sec. 12-708.     Deductions and set-offs of garnishee.     The garnishee is entitled to assert against the indebtedness due to the  judgment debtor offsetting claims against either or both the judgment  creditor and the judgment debtor, whether due at the time of service  of the garnishment summons or thereafter to become due and whether  liquidated or unliquidated, except claims for unliquidated damages for  actions sounding in tort. To the extent that other property  belonging to the judgment debtor or in which the judgment debtor has  an interest is pledged to or held by the garnishee in good faith as  security or that the garnishee has other just claim against the  other property, the garnishee is entitled to retain the other property.  The garnishee is liable for the balance of the indebtedness due to the  judgment debtor after the offsetting claims are adjusted and for  the balance of other property after deducting property to which the  garnishee has just claim. The verdict or finding and judgment shall show  the amount of offsetting claims or deductions allowed against each  party.    (Source: P.A. 83-707.)
735 ILCS 5/12-709
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-709)Sec. 12-709.     Negotiable paper.     No person shall be liable as a garnishee by reason of having drawn,  accepted, made or endorsed a negotiable instrument in the possession of the  judgment debtor at the time of either (1) service of the garnishment summons  or (2) entry of judgment when the negotiable instrument is not due.    (Source: P.A. 82-280.)
735 ILCS 5/12-710
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (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.)
735 ILCS 5/12-711
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-711)Sec. 12-711.     Contest of answer and trial.(a) The judgment creditor or the judgment debtor may contest the  truth or sufficiency of the garnishee's answer and the court shall immediately,  unless for good cause the hearing is postponed, proceed to try the issues. The  answer of the garnishee shall be considered denied without further pleading.(b) At any time on or before the return date, the judgment debtor may  request a hearing to dispute the garnishment or to seek exemptions for  certain moneys or property by notifying the clerk of the court before that  time, using forms as may be provided by the clerk of the court.  To obtain  a hearing in counties with a population of 1,000,000 or more, the judgment  debtor must notify the clerk of the court in person and in writing at the  clerk's office before the return date specified in the summons, or appear in  court on the date and time specified in the summons.  To obtain a hearing  in counties with a population of less than 1,000,000, the judgment debtor  must notify the clerk of the court in writing at the clerk's office on or  before the return date specified in the summons.  The clerk of the court  will provide a prompt hearing date and the necessary forms that must be  prepared by the judgment debtor or the attorney for the judgment debtor and  sent to the judgment creditor and the garnishee, or their attorneys,  regarding the time and location of the hearing.  This notice may be sent by  regular first class mail.  At the hearing the court shall immediately,  unless for good cause the hearing is continued, proceed to try the issues.(c) The trial shall be conducted as in other civil cases.(d) If the finding or verdict is against a garnishee, appropriate judgment  or other orders shall be entered against the garnishee and in favor  of the judgment debtor to whom the garnishee is indebted, or for whom  the garnishee holds property, for the use of the judgment creditor, in  the same manner as if the facts are admitted.(e) No garnishment order shall be entered in favor of the judgment  creditor unless the certificate of mailing required by subsection (b) of  Section 12-705 is filed and the garnishee's answer to the  interrogatories certifies that a copy of the answer was mailed to the  judgment debtor in accordance with Section 12-707 of this Act.    (Source: P.A. 87-1252.)
735 ILCS 5/12-712
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-712)Sec. 12-712.     Effect of judgment - Discharge no bar.     Judgment against a garnishee shall be enforceable as in other civil  cases and shall discharge the garnishee of all claims by the judgment  debtor for the indebtedness or other property paid, delivered or  accounted for by the garnishee by virtue of the judgment in garnishment.  The discharge of a garnishee is no bar to an action by the judgment  debtor for the same claim.    (Source: P.A. 82-280.)
735 ILCS 5/12-713
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-713)Sec. 12-713.     No judgment until debt due.     If the debt from the garnishee to the judgment debtor is not due,  judgment shall not be entered against the garnishee until the debt is  due, either by the terms of the agreement giving rise thereto or by  acceleration as therein provided.    (Source: P.A. 82-280.)
735 ILCS 5/12-714
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-714)Sec. 12-714.     Property surrendered in enforcement of a judgment and disposition thereof.     (a) A garnishee having property other than money belonging to the  judgment debtor, which the garnishee is obligated to deliver to the  judgment debtor, shall deliver to the officer holding a certified copy of  the judgment for the enforcement thereof against   the judgment debtor so much thereof as is necessary to satisfy  the amount due upon the judgment and costs.(b) If mortgaged or pledged property is in the possession of a garnishee,  or property is held for the payment of a debt to the garnishee, the  judgment creditor may, under order of court, pay or tender the amount  due to the garnishee; and the garnishee shall thereupon deliver the  property to the officer holding the certified copy of the judgment for the  enforcement thereof against the judgment  debtor.(c) Nothing contained in Part 7 of Article XII of this Act shall be  construed to prevent the  garnishee from selling property in his or her possession for the payment of claims  for which it is mortgaged, pledged or otherwise held at any time before  the amount due to the garnishee is paid or tendered, if the sale would be  authorized as between the garnishee and the judgment debtor.(d) If property is held for purposes other than to secure the  payment of money, and if the promise, condition or other act to be  performed can be performed by the judgment creditor without damage to  other parties, the court may permit performance by the judgment  creditor. Upon performance, or a tender of performance, by the judgment  creditor the garnishee shall deliver the property to the officer holding  the certified copy of the judgment for the enforcement thereof against the  judgment debtor.(e) Property received by an officer as described in this Section  shall be sold in the same manner as if levied upon for the satisfaction  of a judgment for the payment of money and  from the proceeds of sale the officer shall repay the judgment creditor  the amount paid the garnishee for the redemption, with interest, or  shall indemnify the judgment creditor for acts done or performed  pursuant to order of court in the redemption.    (Source: P.A. 83-707.)
735 ILCS 5/12-715
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-715)Sec. 12-715.     Refusal or neglect of garnishee to deliver property.     If a garnishee refuses or neglects to deliver property in his or her possession  when ordered by the court or upon request by the officer holding a certified  copy of the judgment for enforcement thereof   against the judgment debtor, the garnishee may be attached and  punished for contempt; or the court may enter judgment against the garnishee  for the value of  the property or the amount due upon the judgment and costs, whichever is the  lesser, and have same enforced against the garnishee.    (Source: P.A. 82-280.)
735 ILCS 5/12-716
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-716)Sec. 12-716.     Costs and fees.(a) The costs of obtaining a garnishment order shall be charged to the  judgment debtor, unless the court determines, in its discretion, that costs  incurred by the judgment creditor were improperly incurred, in which case those  costs shall be paid by the judgment creditor.(b) No fee shall be paid by a garnishee for filing his, her or its  appearance, answer or satisfaction of judgment against him, her or it.(c) No fee shall be paid to a garnishee at the time of service of  the garnishment summons or at any time thereafter, unless he or she is  subpoenaed to appear as a witness, in which case he or she is entitled to  witness fees as in other civil cases.    (Source: P.A. 87-1252.)
735 ILCS 5/12-717
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-717)Sec. 12-717.     Death of garnishee and procedure thereafter.     Upon the death of a garnishee, the procedure shall be the same as in  the case of the death of a defendant in other civil cases.    (Source: P.A. 82-280.)
735 ILCS 5/12-718
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-718)Sec. 12-718.     Powers of court.     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.    (Source: P.A. 83-707.)
735 ILCS 5/12-719
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-719)Sec. 12-719.     Transfer of interest by heir or legatee.     No assignment, transfer or other disposition by an heir or  distributee of his or her interest in the possession of an administrator or executor  shall defeat the garnishment, unless (1) prior to the service of  garnishment summons upon the administrator or executor, the transfer or  other disposition is reduced to writing and (2) the writing is filed in  the office of the clerk of the court appointing the executor or  administrator.    (Source: P.A. 82-280.)
735 ILCS 5/Art. XII Pt. 8 heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 Part 8.      Wage Deductions
735 ILCS 5/12-801
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-801)Sec. 12-801.     Definitions.     As used in Part 8 of Article XII of this Act:"Deduction order" means an order entered pursuant to Section 12-811 of  this Act."Employer" means the person named as employer in the affidavit filed  under Section 12-805."Federal agency employer" means an agency of the federal government as  defined in 5 USC 5520a(a)(1), as amended from time to time."Judgment creditor" means the recipient of any judgment, except a  judgment by confession which has not been confirmed as provided in Part  8 of Article XII of this Act."Judgment debtor" means a person against whom a judgment has been obtained."Wages" means any hourly pay, salaries, commissions, bonuses, or other  compensation owed by an employer to a judgment debtor.    (Source: P.A. 89-28, eff. 6-23-95.)
735 ILCS 5/12-802
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-802)Sec. 12-802.     Force and effect of order.     A deduction order entered under  Part 8 of Article XII of this Act shall have the force  and effect and be enforceable as a judgment.    (Source: P.A. 82-280.)
735 ILCS 5/12-803
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-803)Sec. 12-803. Wages subject to collection. The wages,  salary, commissions and bonuses subject to collection under a deduction  order, for any work week shall be the lesser of (1)  15% of such  gross amount paid for that week  or (2) the amount by which disposable  earnings for a week exceed 45 times the Federal Minimum Hourly Wage  prescribed by Section 206(a)(1) of Title 29 of the United States Code, as  amended, or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable.  This provision  (and no other) applies irrespective of the place where the compensation was  earned or payable and the State where the employee resides.   No amounts  required by law to be withheld may be taken from the amount collected by  the creditor. The term "disposable earnings" means that part of the  earnings of any individual remaining after the deduction from those  earnings of any amounts required by law to be withheld.       (Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
735 ILCS 5/12-804
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-804)Sec. 12-804.     Exemptions from deduction orders.     Benefits and refunds  payable by pension or retirement funds or systems and any assets of employees  held by such funds or systems, and any monies an employee is required to  contribute to such funds or systems are exempt and are not subject to a  deduction order under Part 8 of Article XII of this Act.  A plan governed  by the Employee Retirement Income Security Act of 1974 shall be considered  a retirement fund for purposes of this Part 8.    (Source: P.A. 87-1252.)