Yes, we believe that the Illinois Supreme Court’s COVID-19 order would apply to natural persons who owe a non-consumer debt, unless their property is held in a business account.

The substantive provisions of the Illinois Supreme Court order state that it applies to certain garnishment and citation proceedings “arising out of a judgment that is exclusively against natural persons” when the depository institution “holds personal property of a judgment debtor who is a natural person, other than in a business account.” Consequently, we do not believe that the order is limited to judgments related to consumer debts and would apply to judgments related to business debts. While there is a reference to consumer debtors and garnishees in the order’s preamble, that reference is part of a description of a separate Executive Order and does not apply to the substance of the Illinois Supreme Court order.

As noted in your question, there are some glaring exceptions to the Illinois Supreme Court order’s protection for natural persons. We believe that the order would not apply to a judgment that is not exclusively against a natural person — which may include many commercial judgments that are entered against a business as well as personal guarantors who are natural persons. Additionally, the order would not apply to funds held in a business account (although it does not define the term “business account”).

For resources related to our guidance, please see:

• Illinois Supreme Court, M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency – Impact on Post-Judgment Proceedings (April 24, 2020) (“‘Covered Supplemental Proceedings’    refers to garnishment proceedings under 735 ILCS 5/12-701 et seq., and citation proceedings under 735 ILCS 5/2-1402, arising out of a judgment that is exclusively against natural persons.”)

• Illinois Supreme Court, M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency – Impact on Post-Judgment Proceedings (April 24, 2020) (“With respect to all Covered Supplemental Proceedings in which a summons or citation directed to a depository financial institution was served after March 8, 2020, or had an original return date between March 8, 2020, and the date of termination of the Gubernatorial Disaster Proclamations:

a. If the Garnishee or Citation Respondent holds personal property of a judgment debtor who is a natural person, other than in a business account, and the value of that property exceeded $4,000 (the amount of the personal property exemption contained in 735 ILCS 5/12-705 and 735 ILCS 5/2-1402(b)(1)) when a garnishment summons was served, or any time after a citation was served, the lien imposed by 735 ILCS 5/12-707 or 735 5/2-1402(m), respectively, shall not apply to $4,000 of the judgment debtor’s property held by the Garnishee or Citation Respondent, and the Garnishee or Citation Respondent shall release to the judgment debtor property valued at $4,000 that the Garnishee or Citation Respondent may have frozen, withheld, or seized.

b. If the Garnishee or Citation Respondent holds personal property of a judgment debtor who is a natural person, other than in a business account, and subparagraph (a) is inapplicable, the Garnishee or Citation Respondent shall release to the judgment debtor any property of the judgment debtor that the Garnishee or Citation Respondent may have frozen, withheld, or seized.”)

• Illinois Code of Civil Procedure, 735 ILCS 5/12-1001 (“The personal property exemptions set forth in this Section shall apply only to individuals and only to personal property that is used for personal rather than business purposes.”)