Full Text of SB1752 94th General Assembly
SB1752enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 2-1402, 12-803, 12-805, and 12-808 as | 6 |
| follows:
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| (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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| Sec. 2-1402. Supplementary proceedings.
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| (a) A judgment creditor, or his or her successor in | 10 |
| interest when that
interest is made to appear of record, is | 11 |
| entitled to prosecute supplementary
proceedings for the | 12 |
| purposes of examining the judgment debtor or any other
person | 13 |
| to discover assets or income of the debtor not exempt from the
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| enforcement of the judgment, a deduction order or garnishment, | 15 |
| and of
compelling the application of non-exempt assets or | 16 |
| income discovered toward the
payment of the amount due under | 17 |
| the judgment. A supplementary proceeding shall
be commenced by | 18 |
| the service of a citation issued by the clerk. The procedure
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| for conducting supplementary proceedings shall be prescribed | 20 |
| by rules. It is
not a prerequisite to the commencement of a | 21 |
| supplementary proceeding that a
certified copy of the judgment | 22 |
| has been returned wholly or partly unsatisfied.
All citations | 23 |
| issued by the clerk shall have the following language, or
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| language substantially similar thereto, stated prominently on | 25 |
| the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | 26 |
| AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT | 27 |
| BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | 28 |
| WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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| The court shall not grant a continuance of the supplementary | 30 |
| proceeding except
upon good cause shown.
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| (b) Any citation served upon a judgment debtor or any other | 32 |
| person shall
include a certification by the attorney for the |
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| judgment creditor or the
judgment creditor setting forth the | 2 |
| amount of the judgment, the date of the
judgment, or its | 3 |
| revival date, the balance due thereon, the name of the court,
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| and the number of the case, and a copy of the citation notice | 5 |
| required by this
subsection. Whenever a citation is served upon | 6 |
| a person or party other than
the judgment debtor, the officer | 7 |
| or person serving the citation shall send to
the judgment | 8 |
| debtor, within three business days of the service upon the | 9 |
| cited
party, a copy of the citation and the citation notice, | 10 |
| which may be sent
by regular first-class mail to the judgment | 11 |
| debtor's last known address. In no
event shall a citation | 12 |
| hearing be held sooner than five business days after the
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| mailing of the citation and citation notice to the judgment | 14 |
| debtor, except by
agreement of the parties. The citation notice | 15 |
| need not be mailed to a
corporation, partnership, or | 16 |
| association. The citation notice shall be in
substantially the | 17 |
| following form:
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| "CITATION NOTICE
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| (Name and address of Court)
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| Name of Case: (Name of Judgment Creditor),
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| Judgment Creditor v.
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| (Name of Judgment Debtor),
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| Judgment Debtor.
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| Address of Judgment Debtor: (Insert last known
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| address)
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| Name and address of Attorney for Judgment
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| Creditor or of Judgment Creditor (If no
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| attorney is listed): (Insert name and address)
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| Amount of Judgment: $ (Insert amount)
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| Name of Person Receiving Citation: (Insert name)
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| Court Date and Time: (Insert return date and time
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| specified in citation)
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| NOTICE: The court has issued a citation against the person | 34 |
| named above. The
citation directs that person to appear in | 35 |
| court to be examined for the purpose
of allowing the judgment | 36 |
| creditor to discover income and assets belonging to
the |
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| judgment debtor or in which the judgment debtor has an | 2 |
| interest. The
citation was issued on the basis of a judgment | 3 |
| against the judgment debtor in
favor of the judgment creditor | 4 |
| in the amount stated above. On or after the
court date stated | 5 |
| above, the court may compel the application of any
discovered | 6 |
| income or assets toward payment on the judgment.
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| The amount of income or assets that may be applied toward | 8 |
| the judgment is
limited by federal and Illinois law. The | 9 |
| JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 10 |
| AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 11 |
| MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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| ABOVE:
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| (1) Under Illinois or federal law, the exemptions of | 14 |
| personal property
owned by the debtor include the debtor's | 15 |
| equity interest, not to exceed $2,000
in value, in any | 16 |
| personal property as chosen by the debtor; Social Security | 17 |
| and
SSI benefits; public assistance benefits; unemployment | 18 |
| compensation benefits;
worker's compensation benefits; | 19 |
| veteran's benefits; circuit breaker property
tax relief | 20 |
| benefits; the debtor's equity interest, not to exceed | 21 |
| $1,200 in
value, in any one motor vehicle, and the debtor's | 22 |
| equity interest, not to
exceed $750 in value, in any | 23 |
| implements, professional books, or tools of the
trade of | 24 |
| the debtor.
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| (2) Under Illinois law, every person is entitled to an | 26 |
| estate in
homestead, when it is owned and occupied as a | 27 |
| residence, to the extent in value
of $7,500, which | 28 |
| homestead is exempt from judgment.
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| (3) Under Illinois law, the amount of wages that may be | 30 |
| applied toward a
judgment is limited to the lesser of (i) | 31 |
| 15% of gross weekly wages or (ii) the
amount by which | 32 |
| disposable earnings for a week exceed the total of 45 times | 33 |
| the
federal minimum hourly wage or, under a wage deduction | 34 |
| summons served on or after January 1, 2006, the Illinois | 35 |
| minimum hourly wage, whichever is greater .
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| (4) Under federal law, the amount of wages that may be |
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| applied toward a
judgment is limited to the lesser of (i) | 2 |
| 25% of disposable earnings for a week
or (ii) the amount by | 3 |
| which disposable earnings for a week exceed 30 times the
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| federal minimum hourly wage.
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| (5) Pension and retirement benefits and refunds may be | 6 |
| claimed as exempt
under Illinois law.
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| The judgment debtor may have other possible exemptions | 8 |
| under the law.
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| THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 10 |
| TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 11 |
| judgment debtor also has the right to
seek a declaration at an | 12 |
| earlier date, by notifying the clerk in writing at
(insert | 13 |
| address of clerk). When so notified, the Clerk of the Court | 14 |
| will
obtain a prompt hearing date from the court and will
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| provide the necessary forms that must be prepared by the | 16 |
| judgment debtor or the
attorney for the judgment debtor and | 17 |
| sent to the judgment creditor and the
judgment creditor's | 18 |
| attorney regarding the time and location of the hearing.
This | 19 |
| notice may be sent by regular first class mail."
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| (c) When assets or income of the judgment debtor not exempt | 21 |
| from
the satisfaction of a judgment, a deduction order or | 22 |
| garnishment are
discovered, the court may, by appropriate order | 23 |
| or judgment:
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| (1) Compel the judgment debtor to deliver up, to be | 25 |
| applied in
satisfaction of the judgment, in whole or in | 26 |
| part, money, choses in
action, property or effects in his | 27 |
| or her possession or control, so discovered,
capable of | 28 |
| delivery and to which his or her title or right of | 29 |
| possession is not
substantially disputed.
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| (2) Compel the judgment debtor to pay to the judgment | 31 |
| creditor or
apply on the judgment, in installments, a | 32 |
| portion of his or her income, however
or whenever earned or | 33 |
| acquired, as the court may deem proper, having due
regard | 34 |
| for the reasonable requirements of the judgment debtor and | 35 |
| his or her
family, if dependent upon him or her, as well as | 36 |
| any payments required to be
made by prior order of court or |
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| under wage assignments outstanding; provided
that the | 2 |
| judgment debtor shall not be compelled to pay income which | 3 |
| would be
considered exempt as wages under the Wage | 4 |
| Deduction Statute. The court may
modify an order for | 5 |
| installment payments, from time to time, upon application
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| of either party upon notice to the other.
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| (3) Compel any person cited, other than the judgment | 8 |
| debtor, to
deliver up any assets so discovered, to be | 9 |
| applied in satisfaction of
the judgment, in whole or in | 10 |
| part, when those assets are held under such
circumstances | 11 |
| that in an action by the judgment debtor he or she could | 12 |
| recover
them in specie or obtain a judgment for the | 13 |
| proceeds or value thereof as
for conversion or | 14 |
| embezzlement.
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| (4) Enter any order upon or judgment against the person | 16 |
| cited that
could be entered in any garnishment proceeding.
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| (5) Compel any person cited to execute an assignment of | 18 |
| any chose in
action or a conveyance of title to real or | 19 |
| personal property, in the
same manner and to the same | 20 |
| extent as a court could do in any proceeding
by a judgment | 21 |
| creditor to enforce payment of a judgment or in aid of
the | 22 |
| enforcement of a judgment.
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| (6) Authorize the judgment creditor to maintain an | 24 |
| action against
any person or corporation that, it appears | 25 |
| upon proof satisfactory to
the court, is indebted to the | 26 |
| judgment debtor, for the recovery of the
debt, forbid the | 27 |
| transfer or other disposition of the debt until an
action | 28 |
| can be commenced and prosecuted to judgment, direct that | 29 |
| the
papers or proof in the possession or control of the | 30 |
| debtor and necessary
in the prosecution of the action be | 31 |
| delivered to the creditor or
impounded in court, and | 32 |
| provide for the disposition of any moneys in
excess of the | 33 |
| sum required to pay the judgment creditor's judgment and
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| costs allowed by the court.
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| (d) No order or judgment shall be entered under subsection | 36 |
| (c) in favor of
the judgment creditor unless there appears of |
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| record a certification of
mailing showing that a copy of the | 2 |
| citation and a copy of the citation notice
was mailed to the | 3 |
| judgment debtor as required by subsection (b).
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| (e) All property ordered to be delivered up shall, except | 5 |
| as
otherwise provided in this Section, be delivered to the | 6 |
| sheriff to be
collected by the sheriff or sold at public sale | 7 |
| and the proceeds thereof
applied towards the payment of costs | 8 |
| and the satisfaction of the judgment.
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| (f) (1) The citation may prohibit the party to whom it is | 10 |
| directed from
making or allowing any transfer or other | 11 |
| disposition of, or interfering with,
any property not | 12 |
| exempt from the enforcement of a judgment therefrom, a
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| deduction order or garnishment, belonging to the judgment | 14 |
| debtor or to which he
or she may be entitled or which may | 15 |
| thereafter be acquired by or become due to
him or her, and | 16 |
| from paying over or otherwise disposing of any moneys not | 17 |
| so
exempt which are due or to become due to the judgment | 18 |
| debtor, until the further
order of the court or the | 19 |
| termination of the proceeding, whichever occurs
first. The | 20 |
| third party may not be obliged to withhold the payment of | 21 |
| any
moneys beyond double the amount of the balance due | 22 |
| sought to be enforced by the
judgment creditor. The court | 23 |
| may punish any party who violates the restraining
provision | 24 |
| of a citation as and for a contempt, or if the party is a | 25 |
| third party
may enter judgment against him or her in the | 26 |
| amount of the unpaid portion of
the judgment and costs | 27 |
| allowable under this Section, or in the amount of the
value | 28 |
| of the property transferred, whichever is lesser.
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| (2) The court may enjoin any person, whether or not a | 30 |
| party to the
supplementary proceeding, from making or | 31 |
| allowing any transfer or other
disposition of, or | 32 |
| interference with, the property of the judgment
debtor not | 33 |
| exempt from the enforcement of a judgment, a deduction | 34 |
| order or
garnishment, or the property or debt not so exempt | 35 |
| concerning which any
person is required to attend and be | 36 |
| examined until further direction in the
premises. The |
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| injunction order shall remain in effect until vacated by | 2 |
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court or until the proceeding is terminated, whichever | 3 |
| first occurs.
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| (g) If it appears that any property, chose in action, | 5 |
| credit or
effect discovered, or any interest therein, is | 6 |
| claimed by any person, the court
shall, as in garnishment | 7 |
| proceedings, permit or require the claimant to appear
and | 8 |
| maintain his or her right. The rights of the person cited
and | 9 |
| the rights of any adverse claimant shall be asserted and | 10 |
| determined
pursuant to the law relating to garnishment | 11 |
| proceedings.
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| (h) Costs in proceedings authorized by this Section shall | 13 |
| be
allowed, assessed and paid in accordance with rules, | 14 |
| provided that if the
court determines, in its discretion, that | 15 |
| costs incurred by the judgment
creditor were improperly | 16 |
| incurred, those costs shall be paid by the judgment
creditor.
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| (i) This Section is in addition to and does not affect
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| enforcement of judgments or proceedings supplementary thereto, | 19 |
| by any other
methods now or hereafter provided by law.
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| (j) This Section does not grant the power to any court to | 21 |
| order
installment or other payments from, or compel the sale, | 22 |
| delivery,
surrender, assignment or conveyance of any property | 23 |
| exempt by statute
from the enforcement of a judgment thereon, a | 24 |
| deduction order, garnishment,
attachment, sequestration, | 25 |
| process or other levy or seizure.
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| (k) (Blank).
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| (l) At any citation hearing at which the judgment debtor | 28 |
| appears and seeks
a declaration that certain of his or her | 29 |
| income or assets are exempt, the court
shall proceed to | 30 |
| determine whether the property which the judgment debtor
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| declares to be exempt is exempt from judgment. At any time | 32 |
| before the return
date specified on the citation, the judgment | 33 |
| debtor may request, in writing, a
hearing to declare exempt | 34 |
| certain income and assets by notifying the clerk of
the court | 35 |
| before that time, using forms as may be provided by the clerk | 36 |
| of the
court. The clerk of the court will obtain a prompt |
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| hearing date from the
court and will provide the necessary | 2 |
| forms that must be prepared by the
judgment debtor or the | 3 |
| attorney for the judgment debtor and sent to the
judgment | 4 |
| creditor, or the judgment creditor's attorney, regarding the | 5 |
| time and
location of the hearing. This notice may be sent by | 6 |
| regular first class mail.
At the hearing, the court shall | 7 |
| immediately, unless for good cause shown that
the hearing is to | 8 |
| be continued, shall proceed to determine whether the property
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| which the judgment debtor declares to be exempt is exempt from | 10 |
| judgment. The
restraining provisions of subsection (f) shall | 11 |
| not apply to any property
determined by the court to be exempt.
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| (m) The judgment or balance due on the judgment becomes a | 13 |
| lien when a
citation is served in accordance with subsection | 14 |
| (a) of this Section. The lien
binds nonexempt personal | 15 |
| property, including money, choses in action, and
effects of the | 16 |
| judgment debtor as follows:
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| (1) When the citation is directed against the judgment | 18 |
| debtor, upon all
personal property belonging to the | 19 |
| judgment debtor in the possession or control
of the | 20 |
| judgment debtor or which may thereafter be acquired or come | 21 |
| due to the
judgment debtor to the time of the disposition | 22 |
| of the citation.
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| (2) When the citation is directed against a third | 24 |
| party, upon all personal
property belonging to the judgment | 25 |
| debtor in the possession or control of the
third party or | 26 |
| which thereafter may be acquired or come due the judgment | 27 |
| debtor
and comes into the possession or control of the | 28 |
| third party to the time of the
disposition of the citation.
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| The lien established under this Section does not affect the | 30 |
| rights of
citation respondents in property prior to the service | 31 |
| of the citation upon them
and does not affect the rights of | 32 |
| bona fide purchasers or lenders without
notice of the citation. | 33 |
| The lien is effective for the period specified by
Supreme Court | 34 |
| Rule.
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| This subsection (m), as added by Public Act 88-48, is a | 36 |
| declaration of
existing law.
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| (n) If any provision of this Act or its application to any | 2 |
| person or
circumstance is held invalid, the invalidity of that | 3 |
| provision or application
does not affect the provisions or | 4 |
| applications of the Act that can be given
effect without the | 5 |
| invalid provision or application.
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| (Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff. | 7 |
| 12-2-94;
89-364, eff. 1-1-96.)
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| (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
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| Sec. 12-803. Maximum wages subject to collection. The | 10 |
| maximum wages,
salary, commissions and bonuses subject to | 11 |
| collection under a deduction
order, for any work week shall not | 12 |
| exceed the lesser of (1) 15% of such
gross amount paid for that | 13 |
| week or (2) the amount by which disposable
earnings for a week | 14 |
| exceed 45 times the Federal Minimum Hourly Wage
prescribed by | 15 |
| Section 206(a)(1) of Title 29 of the United States Code, as
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| amended, or, under a wage deduction summons served on or after | 17 |
| January 1, 2006, the minimum hourly wage prescribed by Section | 18 |
| 4 of the Minimum Wage Law, whichever is greater, in effect at | 19 |
| the time the amounts are payable. This provision
(and no other) | 20 |
| applies irrespective of the place where the compensation was
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| earned or payable and the State where the employee resides. No | 22 |
| amounts
required by law to be withheld may be taken from the | 23 |
| amount collected by
the creditor. The term "disposable | 24 |
| earnings" means that part of the
earnings of any individual | 25 |
| remaining after the deduction from those
earnings of any | 26 |
| amounts required by law to be withheld.
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| (Source: P.A. 87-569.)
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| (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
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| Sec. 12-805. Summons; Issuance.
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| (a) Upon the filing by a judgment creditor, its attorney or | 31 |
| other designee
of (1) an affidavit that the affiant believes | 32 |
| any person is indebted to the
judgment debtor for wages due or | 33 |
| to become due, as provided in Part 8 of
Article XII of this | 34 |
| Act, and includes the last address of the judgment
debtor known |
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| to the affiant as well as the name of the judgment debtor, and
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| a certification by the judgment creditor or his attorney that, | 3 |
| before
filing the affidavit, the wage deduction notice has been | 4 |
| mailed to the
judgment debtor by first class mail at the | 5 |
| judgment debtor's last known
address, and (2) written | 6 |
| interrogatories to be answered by the employer
with respect to | 7 |
| the indebtedness, the clerk of the court in which the
judgment | 8 |
| was entered shall issue summons against the person named in the
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| affidavit as employer commanding the employer to appear in the | 10 |
| court and
answer the interrogatories in writing under oath. The | 11 |
| interrogatories shall
elicit all the information necessary to | 12 |
| determine the proper amount of
non-exempt wages. The | 13 |
| interrogatories shall require that the employer
certify that a | 14 |
| copy of the completed interrogatories as specified in
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| subsection (c) of Section 12-808 has been mailed or hand | 16 |
| delivered to the
judgment debtor and shall be in a form | 17 |
| consistent with local court rules.
The summons shall further | 18 |
| command federal agency employers, upon effective
service of | 19 |
| summons pursuant to 5 USC 5520a, to commence to pay over | 20 |
| deducted
wages in accordance with Section 12-808.
The summons | 21 |
| shall be in a form consistent with local court rules. The
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| summons shall be accompanied by a copy of the underlying | 23 |
| judgment or a
certification by the clerk of the court that | 24 |
| entered the judgment, or by
the attorney for the judgment | 25 |
| creditor, setting forth the date and amount
of the
judgment,
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| allowable costs expended, interest accumulated, credits paid | 27 |
| by or on behalf
of the judgment debtor and the balance due the | 28 |
| judgment creditor, and one copy of
a wage deduction notice in | 29 |
| substantially the following form:
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| "WAGE DEDUCTION NOTICE
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| (Name and address of Court)
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| Name of Case: (Name of Judgment Creditor),
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| Judgment Creditor v.
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| (Name of Judgment Debtor),
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| Judgment Debtor.
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| Address of Judgment Debtor: (Insert last known address)
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| Name and Address of Attorney for Judgment
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| Creditor or of Judgment Creditor (if no
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| attorney is listed): (Insert name and address)
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| Amount of Judgment: $..........
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| Employer: (Name of Employer)
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| Return Date: (Insert return date specified in summons)
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| NOTICE: The court shall be asked to issue a wage deduction | 8 |
| summons against
the employer named above for wages due or about | 9 |
| to become due to you.
The wage deduction summons may be issued | 10 |
| on the basis of a judgment against
you in favor of the judgment | 11 |
| creditor in the amount stated above.
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| The amount of wages that may be deducted is limited by | 13 |
| federal and
Illinois law.
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| (1) Under Illinois law, the amount of wages that may be | 15 |
| deducted is
limited to the lesser of (i) 15% of gross | 16 |
| weekly wages or (ii) the amount
by which disposable | 17 |
| earnings for a week exceed the total of 45 times the
| 18 |
| federal minimum hourly wage or, under a wage deduction | 19 |
| summons served on or after January 1, 2006, the minimum | 20 |
| hourly wage prescribed by Section 4 of the Minimum Wage | 21 |
| Law, whichever is greater .
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| (2) Under federal law, the amount of wages that may be | 23 |
| deducted is
limited to the lesser of (i) 25% of disposable | 24 |
| earnings for a week or (ii)
the amount by which disposable | 25 |
| earnings for a week exceed 30 times the
federal minimum | 26 |
| hourly wage.
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| (3) Pension and retirement benefits and refunds may be | 28 |
| claimed as
exempt from wage deduction under Illinois law.
| 29 |
| You have the right to request a hearing before the court
to | 30 |
| dispute the wage deduction because the wages are exempt. To | 31 |
| obtain a
hearing in counties with a population of 1,000,000 or | 32 |
| more, you
must notify the Clerk of the Court in person and in | 33 |
| writing at (insert
address of Clerk) before the Return Date | 34 |
| specified above or appear
in court on the date and time on that | 35 |
| Return Date. To obtain a
hearing in counties with a population | 36 |
| of less than 1,000,000, you
must notify the Clerk of the Court |
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| in writing at (insert address of
clerk) on or before the Return | 2 |
| Date specified above.
The Clerk of the Court will provide a | 3 |
| hearing date and the necessary
forms that must be prepared by | 4 |
| you or your attorney and
sent to the judgment creditor and the | 5 |
| employer, or their attorney,
regarding the time and location of | 6 |
| the hearing. This notice may be sent by
regular first class | 7 |
| mail."
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| (b) In a county with a population of less than 1,000,000, | 9 |
| unless otherwise
provided by circuit court rule, at the request | 10 |
| of the judgment creditor or his
or her attorney and instead of | 11 |
| personal service, service of a summons for a
wage deduction may | 12 |
| be made as follows:
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| (1) For each employer to be served, the judgment | 14 |
| creditor or his or her
attorney shall pay to the clerk of | 15 |
| the court a fee of $2, plus the cost of
mailing, and | 16 |
| furnish to the clerk an original and one copy of a
summons, | 17 |
| an original and one copy of the interrogatories and an | 18 |
| affidavit
setting forth the employer's mailing address, an | 19 |
| original and one copy of
the wage deduction notice required | 20 |
| by subsection (a) of this Section, and a
copy of the | 21 |
| judgment or certification described in subsection (a) of | 22 |
| this
Section. The original judgment shall be
retained by | 23 |
| the clerk.
| 24 |
| (2) The clerk shall mail to the employer, at the | 25 |
| address appearing in the
affidavit, the copy of the | 26 |
| judgment
or certification described in subsection (a) of | 27 |
| this Section, the summons,
the interrogatories, and the | 28 |
| wage deduction notice required by subsection (a)
of this | 29 |
| Section, by certified or registered mail, return
receipt | 30 |
| requested, showing to whom delivered and the date and | 31 |
| address of
delivery. This Mailing shall be mailed on a | 32 |
| "restricted delivery"
basis when service is directed to a | 33 |
| natural person. The envelope and return
receipt shall bear | 34 |
| the return address of the clerk, and the return receipt
| 35 |
| shall be stamped with the docket number of the case. The | 36 |
| receipt for certified
or registered mail shall state the |
|
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| name and address of the
addressee, the date of the mailing, | 2 |
| shall identify the documents mailed, and
shall be attached | 3 |
| to the original summons.
| 4 |
| (3) The return receipt must be attached to the original | 5 |
| summons and, if it
shows delivery at least 3 days before | 6 |
| the return date, shall
constitute proof
of service of any | 7 |
| documents identified on the return receipt as having been
| 8 |
| mailed.
| 9 |
| (4) The clerk shall note the fact of service in a | 10 |
| permanent record.
| 11 |
| (c) Instead of personal service, a summons for a wage | 12 |
| deduction may
be served and returned in the manner provided by | 13 |
| Supreme Court rule for
service, otherwise than by publication, | 14 |
| of a notice for additional relief upon
a
party in default.
| 15 |
| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
| 16 |
| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
| 17 |
| Sec. 12-808. Duty of employer.
| 18 |
| (a) An employer served as herein provided shall pay the
| 19 |
| employee the amount of his or her exempt wages.
| 20 |
| (b) To the extent of the amount due upon the judgment and | 21 |
| costs, the
employer shall hold, subject to order of court, any | 22 |
| non-exempt wages due or
which subsequently come due. The | 23 |
| judgment or balance due thereon is
a lien on wages due at the | 24 |
| time of the service of summons, and such lien
shall continue as | 25 |
| to subsequent earnings until the total amount due upon
the | 26 |
| judgment and costs is paid, except that such lien on subsequent
| 27 |
| earnings shall terminate sooner if the employment relationship | 28 |
| is
terminated or if the underlying judgment is vacated or | 29 |
| modified.
| 30 |
| (b-5) If the employer is a federal agency employer and the | 31 |
| creditor is
represented by an attorney, then the employer, upon | 32 |
| service of summons and to
the extent of the amount due upon the | 33 |
| judgment and costs, shall commence to pay
over to the attorney | 34 |
| for the judgment creditor any non-exempt wages due or that
| 35 |
| subsequently come due. The attorney for the judgment creditor |
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| shall thereafter
hold the deducted wages subject to further | 2 |
| order of the court and shall make
answer to the court regarding | 3 |
| amounts received from the federal agency
employer. The federal | 4 |
| agency employer's periodic payments shall be considered
a | 5 |
| sufficient answer to the interrogatories.
| 6 |
| (c) Except as provided in subsection (b-5),
the employer | 7 |
| shall file, on or before the return date or within the
further | 8 |
| time that the court for cause may allow, a written answer under
| 9 |
| oath to the interrogatories, setting forth the amount due as | 10 |
| wages to
the judgment debtor for the payroll periods ending | 11 |
| immediately prior to the service of the summons and a summary | 12 |
| of the
computation used to determine the amount of non-exempt | 13 |
| wages. Except as
provided in subsection (b-5), the
employer | 14 |
| shall mail by first class mail or hand deliver a copy of the
| 15 |
| answer to the judgment debtor at the address specified in the | 16 |
| affidavit
filed under Section 12-805 of this Act, or at any | 17 |
| other address or location
of the judgment debtor known to the | 18 |
| employer.
| 19 |
| A lien obtained hereunder shall have priority over any | 20 |
| subsequent
lien obtained hereunder, except that liens for the | 21 |
| support of a spouse
or dependent children shall have priority | 22 |
| over all other liens obtained
hereunder. Subsequent summonses | 23 |
| shall be effective in the order in which they are served.
| 24 |
| (d) The Illinois Supreme Court may by rule allow an | 25 |
| employer to file
answers to interrogatories by facsimile | 26 |
| transmission.
| 27 |
| (e) Pursuant to answer under oath to the interrogatories by | 28 |
| the employer,
an order shall be entered compelling the employer | 29 |
| to deduct from wages of the
judgment debtor subject to | 30 |
| collection under a deduction order an amount not to
exceed the | 31 |
| lesser of (i) 15% of the gross amount of the wages or (ii) the
| 32 |
| amount by which disposable earnings for a week exceed 45 times | 33 |
| the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) | 34 |
| of Title 29 of the United
States Code, as amended, in effect at | 35 |
| the time the amounts are payable, for
each pay period in which | 36 |
| statutory exemptions under Section 12-804 and child
support |
|
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| garnishments, if any, leave funds to be remitted or, under a | 2 |
| wage deduction summons served on or after January 1, 2006, the | 3 |
| minimum hourly wage prescribed by Section 4 of the Minimum Wage | 4 |
| Law, whichever is greater . The order shall
further provide that | 5 |
| deducted wages shall be remitted to the creditor or
creditor's | 6 |
| attorney on a monthly basis.
| 7 |
| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
| 8 |
| Section 99. Effective date. This Act takes effect January | 9 |
| 1, 2006.
|
|