Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/12-806
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/12-806)
(from Ch. 110, par. 12-806)
Service and return of summons.
Summons shall be returnable
not less than 21 nor more than 40 days after the date of
with 4 copies of the interrogatories and one copy of the judgment or
certification and one copy of the wage deduction notice specified in
Section 12-805 of this Act shall be served on the employer and returned as
in other civil cases.
If the employer is served with summons less than 3 days prior to
return date, the court shall continue the case to a new return date not
less than 21 days after the service of the summons.
(Source: P.A. 90-677, eff. 1-1-99.)
735 ILCS 5/12-807
(735 ILCS 5/12-807)
(from Ch. 110, par. 12-807)
Failure of employer to appear.
(a) If an employer fails
to appear and answer as required by Part 8 of Article XII of this Act, the
court may enter a conditional judgment against the
employer for the amount due upon the judgment against the judgment
debtor. A summons to confirm the conditional judgment may issue against
the employer returnable not less than 21 nor more than 30 days after the
date of issuance, commanding the employer to show cause why the judgment
should not be made final. If the employer, after being served with
summons to confirm the conditional judgment or after being notified as
provided in subsection (b) hereof, fails to appear and answer, the court
shall confirm such judgment to the amount of the judgment against the
judgment debtor and award costs. If the employer appears and
answers, the same proceedings may be had as in other cases.
(b) If an employer becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the employer may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in
the same manner as if he or she had been personally served with summons to
confirm the conditional judgment.
(Source: P.A. 86-603.)
735 ILCS 5/12-808
(735 ILCS 5/12-808)
(from Ch. 110, par. 12-808)
Duty of employer.
(a) An employer served as herein provided shall pay the
employee the amount of his or her exempt wages.
(b) To the extent of the amount due upon the judgment and costs, the
employer shall hold, subject to order of court, any non-exempt wages due or
which subsequently come due. The judgment or balance due thereon is
a lien on wages due at the time of the service of summons, and such lien
shall continue as to subsequent earnings until the total amount due upon
the judgment and costs is paid, except that such lien on subsequent
earnings shall terminate sooner if the employment relationship is
terminated or if the underlying judgment is vacated or modified.
(b-5) If the employer is a federal agency employer and the creditor is
represented by an attorney, then the employer, upon service of summons and to
the extent of the amount due upon the judgment and costs, shall commence to pay
over to the attorney for the judgment creditor any non-exempt wages due or that
subsequently come due. The attorney for the judgment creditor shall thereafter
hold the deducted wages subject to further order of the court and shall make
answer to the court regarding amounts received from the federal agency
employer. The federal agency employer's periodic payments shall be considered
a sufficient answer to the interrogatories.
(c) Except as provided in subsection (b-5),
the employer shall file, on or before the return date or within the
further time that the court for cause may allow, a written answer under
oath to the interrogatories, setting forth the amount due as wages to
the judgment debtor for the payroll periods ending immediately prior to the service of the summons and a summary of the
computation used to determine the amount of non-exempt wages. Except as
provided in subsection (b-5), the
employer shall mail by first class mail or hand deliver a copy of the
answer to the judgment debtor at the address specified in the affidavit
filed under Section 12-805 of this Act, or at any other address or location
of the judgment debtor known to the employer.
A lien obtained hereunder shall have priority over any subsequent
lien obtained hereunder, except that liens for the support of a spouse
or dependent children shall have priority over all other liens obtained
hereunder. Subsequent summonses shall be effective in the order in which they are served.
(d) The Illinois Supreme Court may by rule allow an employer to file
answers to interrogatories by facsimile transmission.
(e) Pursuant to answer under oath to the interrogatories by the employer,
an order shall be entered compelling the employer to deduct from wages of the
judgment debtor subject to collection under a deduction order an amount which is the lesser of (i) 15% of the gross amount of the wages or (ii) the
amount by which disposable earnings for a week exceed 45 times the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United
States Code, as amended, in effect at the time the amounts are payable, for
each pay period in which statutory exemptions under Section 12-804 and child
support garnishments, if any, leave funds to be remitted or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater. The order shall
further provide that deducted wages shall be remitted to the creditor or
creditor's attorney on a monthly basis.
(f) If after the entry of a deduction order, the employer ceases to remit funds to the plaintiff pursuant to the order without a lawful excuse (which would terminate the employer's obligation under the deduction order such as the debtor having filed a bankruptcy, the debtor having left employment or the employer having received service of a support order against the judgment debtor having priority over the wage deduction proceedings), the court shall, upon plaintiff's motion, enter a conditional judgment against the employer for the balance due on the judgment. The plaintiff may then issue a Summons After Conditional Judgment. After service of the Summons After Conditional Judgment, the employer may show cause why the conditional judgment, or some portion thereof should not be made a final judgment. If the employer shall fail to respond or show cause why the conditional judgment or some portion thereof should not be
made final, the court shall confirm the conditional judgment and make it final as to the employer plus additional court costs.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
735 ILCS 5/12-808.5
(735 ILCS 5/12-808.5)
Certification of judgment balance.
Whenever a wage
deduction order has not been fully satisfied by the end of the first full
calendar quarter following the date of service of the wage deduction
(1) The judgment creditor or his attorney shall
prepare a certification that states the amount of the judgment remaining unsatisfied as of the last calendar day of each full calendar quarter for which the wage deduction order continues in effect.
(2) The certification shall be mailed or delivered to
the employer by the judgment creditor or his or her attorney within 15 days after the end of each calendar quarter for which the wage deduction order continues in effect. The employer shall hand deliver or mail by first class mail a copy of the certification to the judgment debtor at the judgment debtor's last known address.
(3) In the event that the plaintiff fails to provide
the certification required by this Section, the employer must continue to withhold funds from the defendant's wages but may hold the funds without remitting to the plaintiff until such time as it receives a certification required by this Section. A certification of judgment balance need not be filed with the court.
(4) Any party to the wage deduction proceeding may,
upon motion with notice to all other parties, ask the court to review the balance due claimed by the judgment creditor.
(Source: P.A. 95-661, eff. 1-1-08.)
735 ILCS 5/12-809
(735 ILCS 5/12-809)
(from Ch. 110, par. 12-809)
The employer is entitled to assert
against indebtedness due
to the judgment debtor offsetting claims against either or both the
judgment creditor and the judgment debtor, whether (1) due at the time
of service of the summons or thereafter to become due and (2) liquidated
or unliquidated, except demands for unliquidated claims for actions
sounding in tort. The employer is liable for the balance of indebtedness
due the judgment debtor after the offsetting claims are adjusted. The
verdict or finding and judgment shall show the amount of offsetting
claims or deductions allowed against each party.
(Source: P.A. 82-280.)
735 ILCS 5/12-810
(735 ILCS 5/12-810)
(from Ch. 110, par. 12-810)
(a) In the event any indebtedness or
other property due from
or in the possession of an employer is claimed by any other person, the court
shall permit the claimant to appear and maintain his or her claim. A claimant
not voluntarily appearing shall be served with notice in person or by
certified or registered mail. If a claimant fails to appear after being
served with notice in the manner directed, he or she shall be concluded by the
judgment entered in the proceeding against any claim on the wages
involved in that proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor and the employer, he or she is then a party to the proceeding, and his
or her claim shall be tried and determined with the other issues in the action.
If the adverse claimant is entitled to all or part of the indebtedness
or other property, the court shall enter judgment in accordance with the
interest of the parties.
(Source: P.A. 82-280.)
735 ILCS 5/12-811
(735 ILCS 5/12-811)
(from Ch. 110, par. 12-811)
Trial and judgment.
(a) The judgment creditor or the judgment debtor may contest the truth or
sufficiency of the employer's answer and, in accordance with local court
rules, the court shall immediately, unless for good cause the hearing is
postponed, proceed to try the issues. The answer of the employer may be
contested without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the wage deduction because the wages are
exempt by notifying the clerk of court before that time, using forms as may
be provided by the clerk of the court. To obtain a hearing
in counties with a population of 1,000,000 or more, the judgment debtor
must notify the clerk of court in person and in writing at the clerk's office
before the return date specified in the summons or appear in court on the
date and time specified in the summons. To obtain a hearing in counties
with a population of less than 1,000,000, the judgment debtor must notify
the clerk of the court in writing at the clerk's office on or before the
return date specified in the summons. The Clerk of Court will provide a
hearing date and the necessary forms that must be prepared by the judgment
debtor or the attorney for the judgment debtor and sent to the judgment
creditor and the employer, or their attorney, regarding the time and
location of the hearing. This notice may be sent by regular first class
mail. At the hearing the court shall immediately, unless for good cause the
hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding is against an employer, a deduction order shall
be entered against the employer and in favor of the judgment debtor to
whom the employer is indebted, in the same manner as if the facts are
(e) No deduction order shall be entered in favor of the judgment
creditor unless the affidavit filed by the judgment creditor certifies that
a copy of the wage deduction notice has been mailed to the judgment debtor,
under Section 12-805, and the employer's answer provides a summary of the
computation used to determine the amount of non-exempt wages.
If the employer is a federal agency employer, a deduction order shall be
entered in favor of the judgment creditor if (i) the affidavit filed by the
judgment creditor certifies that a copy of the wage deduction notice has been
mailed to the judgment debtor under Section 12-805 and (ii) the federal agency
employer identifies, on or with its periodic payments made under subsection
(b-5) of Section 12-808, the computation method used to determine the amount of
non-exempt wages. A federal agency employer shall not be required to provide a
summary of the computation used to determine the amount of non-exempt wages.
(Source: P.A. 89-28, eff. 6-23-95.)