Plaintiff Vs. Case No. Defendant Garnishee AFFIDAVIT FOR GARNISHMENT NON-WAGE on oath states: 1. Judgment was entered on, 20, for judgment creditor and against judgment debtor for $ and costs. 2. $ has been paid on the judgment. 3. There is unpaid on the judgment $ Principal $ Costs $ Interest $ TOTAL 4. I believe garnishee is indebted to the judgment debtor or has in his/ her possession, custody property belonging to him/ her or in which he/she has an interest. I request that summons be issued and directed to the garnishee. Name Sign and sworn to before me Attorney for Address, 20 City/ State/ Zip Notary Public Telephone 1
INTERROGATORIES TO GARNISHEE 1. When you were served with summons did you have in your possession custody or control any property belonging to the judgment debtor or in which he has an interest? Answer: (yes or no 2. If your answer is yes, describe the property: 3. When you were served with the summons were you otherwise indebted to him no matter when payable? Answer: (yes or no 4. If your answer is yes, state: Description: Amount $ Date Due: AFFIDAVIT on oath states that the answers to the interrogatories are true. Signed and sworn to before me, 20. Notary Public 2
Plaintiff Vs. Case No. Defendant Garnishee GARNISHMENT SUMMONS NON- WAGE To the Garnishee: YOU ARE SUMMONED and required to file answers to the judgment creditor s interrogatories, in the office of the Clerk of the Court (Name of Building, Room Number, Address, Including City Illinois, on or before *, 20. However, if this summons is served on you less than 10 days before that date, you must file answers to the interrogatories on or before 14 days after that date. IF YOU FAIL TO DO SO, CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID. To the Officer: This summons must be returned by the officer of other person to whom it was given for service, with endorsement of service and fees; if any, immediately after service. If service cannot be made, this summons shall be returned so indorsed. This summons may not be served later than the above date. Witness, (Clerk of the Circuit Court (Plaintiff s attorney or plaintiff if he is not represented by an attorney Name Attorney for Address_ City State/ Zip Telephone By: (Deputy * 21 to 30 days after the date of issuance of this summons. 3
SHERIFF FEES ( Service and return..$ ( Miles..$ ( Total...$ Sheriff of County I certify that I served this summons on garnishees as follows: (a- (Individual garnishee- personal: (The officer or other person making service, shall (a identify to sex, race and approximate age of the garnishee with whom he left the summons, and (b state the place where (whenever possible in terms of an exact street address and the date and time of the day when the summons was left with the garnishee. (b (individual garnishee- abode: By leaving a copy and a copy of the complaint at the usual place of abode of each individual garnishee with a person of his family, of the age of 13 years or upwards, informing that person of the contents of the summons. (The officer or other person making service, shall (a identify as to sex, race and approximate age of the person, other than the garnishee, with whom he left the summons, and (b state the place where (whenever possible in terms of an exact street address and the state and time of the day when the summons was left with such person. and also by sending a copy of the summons and of the complaint in a sealed envelope with postage fully paid addressed to each individual garnishee at his usual place of abode, as follows: Name of Garnishee Mailing Address Date of Mailing (c- (Corporation Garnishee: By leaving a copy of the complaint with the registered agent, officer or agent of each garnishee defendant and a copy as follows: Garnishee Corporation Registered agent, Officer or Agent Date of Service (d- (other service: Sheriff of County 4
St. Clair County Courthouse #10 Public Square Belleville, IL 62220 Judgment Creditor Vs. Case No. Judgment Debtor Return date Garnishee Last known address of Judgment Debtor: Garnishee: Attorney for Judgment Creditor: Amount of Judgment: NOTICE: The Court has issued a garnishment summons against the garnishee named above for money or property (other than wages belonging to judgment debtor or in which the judgment debtor has an interest. The garnishment summons was issued on the basis of a judgment against the judgment debtor in favor of the judgment creditor in the amount stated above. The amount of money or property (other than wages that may be garnished is limited by federal and Illinois Law. The judgment debtor has the right to assert statutory exemptions against certain money or property of the judgment debtor which may not be used to satisfy the judgment in the amount stated above. Under Illinois or Federal Law, the exemptions of personal property owned by the debtor include the debtor s equity interest, not to exceed $4,000.00 in value, in any personal property as chosen by the debtor, Social Security and SSI benefits, public assistance benefits unemployment compensation benefits, worker s compensation benefits; veterans benefits; circuit breaker property tax relief benefits; the debtor s equity interest, not to exceed $1,000.00 in value, in any one motor vehicle, and the debtor s equity interest, not to exceed $750.00 in value, i any implements, professional books or tools of the trade of the debtor. The judgment debtor may have other possible exemptions from garnishment under the law. The judgment debtor has the right to request a hearing before the court to dispute the garnishment or to declare exempt from garnishment certain money or property or both. To obtain a hearing the judgment debtor must notify the Clerk of the Circuit Court in writing at the St. Clair County Courthouse, #10 Public Square, Belleville, Il 62220 on or before the return date specified above. The Clerk of the Court will provide a 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 garnishment regarding the time and location of the hearing. This notice must be sent regular first class mail. CERTIFCIATE OF MAILING I hereby certify that, within 2 business days of service upon garnishee of the garnishment summons, interrogatories and garnishment notice, I served upon the judgment debtor in this cause a copy of garnishment summons and garnishment notice by first class mail to the judgment debtor s address as indicated in the garnishment notice. DATE 5 Signature