- 1). Obtain a completed garnishee interrogatory form (see Resources). After a garnishment proceeding is initiated by the judgment creditor, this form is served on the garnishee -- the third party -- who is compelled by law to complete the form and return it to the court, under penalty of perjury. A completed interrogatory form will include a description of the judgment debtor's property in the possession of the garnishee, if any, and the amount of money owed to the judgment debtor by the garnishee, if any. The garnishee will then be compelled, by procedure set out in law, and subject to any other rulings, to turn over property and money sufficient to extinguish the debt, or part of the debt, such as the case may be. Therefore, this interrogatory form serves as the initial garnishment calculation.
- 2). Determine whether the judgment debtor will assert any statutory exemptions on money or property held by the garnishee. Under Illinois and federal law, the judgment debtor has a right to request a hearing to declare exempt from garnishment that money or property that may be exempted under law. There are numerous exemptions, including $4,000 equity interest in any personal property chosen by the judgment debtor and $2,400 equity interest in any one motor vehicle. To enforce any allowable exemptions, the judgment debtor must submit a request for a hearing to the Clerk of the Court. At the hearing, the court will decide the amount of exemptions allowed the judgment debtor.
- 3). Subtract any exemptions granted to the judgment debtor from the initial garnishment calculation. This is the amount that the garnishee will then be compelled to turn over. Note that any property turned over by the garnishee will be sold by the sheriff. The proceeds of the sale will then be turned over to the judgment creditor.
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