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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-804
(735 ILCS 5/12-804) (from Ch. 110, par. 12-804)
Sec. 12-804.
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-805
(735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
Sec. 12-805. Summons; Issuance.
(a) Upon the filing by a judgment creditor, its attorney or other designee
of (1) an affidavit that the affiant believes any person is indebted to the
judgment debtor for wages due or to become due, as provided in Part 8 of
Article XII of this Act, and includes the last address of the judgment
debtor known to the affiant as well as the name of the judgment debtor, and
a certification by the judgment creditor or his attorney that, before
filing the affidavit, the wage deduction notice has been mailed to the
judgment debtor by first class mail at the judgment debtor's last known
address, and (2) written interrogatories to be answered by the employer
with respect to the indebtedness, the clerk of the court in which the
judgment was entered shall issue summons against the person named in the
affidavit as employer commanding the employer to appear in the court and
answer the interrogatories in writing under oath. The interrogatories shall
elicit all the information necessary to determine the proper amount of
non-exempt wages. The interrogatories shall require that the employer
certify that a copy of the completed interrogatories as specified in
subsection (c) of Section 12-808 has been mailed or hand delivered to the
judgment debtor and shall be in a form consistent with local court rules.
The summons shall further command federal agency employers, upon effective
service of summons pursuant to 5 USC 5520a, to commence to pay over deducted
wages in accordance with Section 12-808.
The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by
the attorney for the judgment creditor, setting forth the date and amount
of the
judgment,
allowable costs expended, interest accumulated, credits paid by or on behalf
of the judgment debtor and the balance due the judgment creditor, and one copy of
a wage deduction notice in substantially the following form:
"WAGE DEDUCTION NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and Address of Attorney for Judgment Creditor or of Judgment Creditor (if no attorney is listed): (Insert name and address) Amount of Judgment: $.......... Employer: (Name of Employer) Return Date: (Insert return date specified in summons)
NOTICE: The court shall be asked to issue a wage deduction summons against
the employer named above for wages due or about to become due to you.
The wage deduction summons may be issued on the basis of a judgment against
you in favor of the judgment creditor in the amount stated above.
The amount of wages that may be deducted is limited by federal and
Illinois law.
(1) Under Illinois law, the amount of wages that may | | be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage 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.
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(2) Under federal law, the amount of wages that may
| | be deducted is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
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(3) Pension and retirement benefits and refunds may
| | be claimed as exempt from wage deduction under Illinois law.
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You have the right to request a hearing before the court
to dispute the wage deduction because the wages are exempt. To obtain a
hearing in counties with a population of 1,000,000 or more, you
must notify the Clerk of the Court in person and in writing at (insert
address of Clerk) before the Return Date specified above or appear
in court on the date and time on that Return Date. To obtain a
hearing in counties with a population of less than 1,000,000, you
must notify the Clerk of the Court in writing at (insert address of
clerk) on or before the Return Date specified above.
The Clerk of the Court will provide a hearing date and the necessary
forms that must be prepared by you or your attorney 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."
(b) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for a
wage deduction may be made as follows:
(1) For each employer to be served, the judgment
| | creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and one copy of a summons, an original and one copy of the interrogatories and an affidavit setting forth the employer's mailing address, an original and one copy of the wage deduction notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section. The original judgment shall be retained by the clerk.
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(2) The clerk shall mail to the employer, at the
| | address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the wage deduction notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery. This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person. The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case. The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.
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(3) The return receipt must be attached to the
| | original summons and, if it shows delivery at least 3 days before the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
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(4) The clerk shall note the fact of service in a
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(c) Instead of personal service, a summons for a wage deduction may
be served and returned in the manner provided by Supreme Court rule for
service, otherwise than by publication, of a notice for additional relief upon
a
party in default.
(Source: P.A. 94-306, eff. 1-1-06.)
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735 ILCS 5/12-806
(735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
Sec. 12-806. Service and return of summons. Summons shall be returnable
not less than 21 nor more than 40 days after the date of
issuance. Summons
with one copy 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 as provided by Illinois Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default.
If the employer is served with summons less than 3 days prior to
the
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. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-807
(735 ILCS 5/12-807) (from Ch. 110, par. 12-807)
Sec. 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 40 days after the
date of issuance, commanding the employer to show cause why the judgment
should not be made final. Service of the summons after conditional judgment shall be as provided by Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default. 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. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-808
(735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
Sec. 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.)
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735 ILCS 5/12-808.5
(735 ILCS 5/12-808.5)
Sec. 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
summons:
(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.
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(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.
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| (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.
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| (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.
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(Source: P.A. 95-661, eff. 1-1-08.)
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735 ILCS 5/12-809
(735 ILCS 5/12-809) (from Ch. 110, par. 12-809)
Sec. 12-809.
Offsetting claims.
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.)
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