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(735 ILCS 5/12-711) (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.)
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