(735 ILCS 5/12-708) (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.)
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