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In Illinois law, are non-wage garnishments continuous, or should we freeze just the amount in the account at the time we receive the notice? – IBA Compliance Connection

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In Illinois law, are non-wage garnishments continuous, or should we freeze just the amount in the account at the time we receive the notice?

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Once you receive an Illinois nonwage garnishment notice, you are to freeze the amount held in the account at the time of service (with an exception for federal benefit payments, which federal regulations exempt from garnishment (see 31 CFR 212.6)). 735 ILCS 5/12-707(a). You do not have to freeze funds deposited into the account after service of the garnishment summons. In re Marriage of Eberhardt, 900 N.E.2d 319, 331 (1st Dist. 2008). (Citations to discover assets, on the other hand, are continuous and would apply to after-acquired property. 735 ILCS 5/2-1402(m).)