Publications

Section Newsletter Articles on Garnishment

Clear and convincing burden of proof required for joint owner to claim ownership of garnished funds By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, August 2016 In Gataric v. Colak,, the Illinois Appellate Court held that a joint owner of a bank account seized in a supplementary proceeding must prove by clear and convincing evidence that the non-debtor joint owner is in fact the owner of the funds in the account.
A question of right? Jury trials in garnishment proceedings By Crystal Correa Bench and Bar, September 2009 Garnishment orders are normally served on banks, insurance companies and other third parties that might hold assets for a judgment debtor. On occasion, third party garnishees, when filing an answer to interrogatories, also file a jury demand. But are parties entitled to a jury trial during garnishment proceedings?