Full Text of SB1712 94th General Assembly
SB1712 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1712
Introduced 2/25/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/12-803 |
from Ch. 110, par. 12-803 |
735 ILCS 5/12-808 |
from Ch. 110, par. 12-808 |
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Amends the Code of Civil Procedure. Provides that wages, salary, commissions and bonuses subject to collection under a deduction order, for any work week shall be the lesser of the listed amounts (instead of the maximum wages, salary, commission and bonuses subject to collection shall not exceed the lesser of the listed amounts). Provides that 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 (instead of an amount not to exceed) the lesser of the listed amounts.
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A BILL FOR
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SB1712 |
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LRB094 11366 LCB 42233 b |
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| AN ACT concerning civil law.
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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 12-803 and 12-808 as follows:
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| (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
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| Sec. 12-803. Wages
Maximum wages subject to collection. The | 8 |
| maximum wages,
salary, commissions and bonuses subject to | 9 |
| collection under a deduction
order, for any work week shall be
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| not exceed the lesser of (1) 15% of such
gross amount paid for | 11 |
| that week or (2) the amount by which disposable
earnings for a | 12 |
| week exceed 45 times the Federal Minimum Hourly Wage
prescribed | 13 |
| by Section 206(a)(1) of Title 29 of the United States Code, as
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| amended, in effect at the time the amounts are payable. This | 15 |
| provision
(and no other) applies irrespective of the place | 16 |
| where the compensation was
earned or payable and the State | 17 |
| where the employee resides. No amounts
required by law to be | 18 |
| withheld may be taken from the amount collected by
the | 19 |
| creditor. The term "disposable earnings" means that part of the
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| earnings of any individual remaining after the deduction from | 21 |
| those
earnings of any amounts required by law to be withheld.
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| (Source: P.A. 87-569.)
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| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
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| Sec. 12-808. Duty of employer.
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| (a) An employer served as herein provided shall pay the
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| employee the amount of his or her exempt wages.
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| (b) To the extent of the amount due upon the judgment and | 28 |
| costs, the
employer shall hold, subject to order of court, any | 29 |
| non-exempt wages due or
which subsequently come due. The | 30 |
| judgment or balance due thereon is
a lien on wages due at the | 31 |
| time of the service of summons, and such lien
shall continue as |
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SB1712 |
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LRB094 11366 LCB 42233 b |
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| to subsequent earnings until the total amount due upon
the | 2 |
| judgment and costs is paid, except that such lien on subsequent
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| earnings shall terminate sooner if the employment relationship | 4 |
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terminated or if the underlying judgment is vacated or | 5 |
| modified.
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| (b-5) If the employer is a federal agency employer and the | 7 |
| creditor is
represented by an attorney, then the employer, upon | 8 |
| service of summons and to
the extent of the amount due upon the | 9 |
| judgment and costs, shall commence to pay
over to the attorney | 10 |
| for the judgment creditor any non-exempt wages due or that
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| subsequently come due. The attorney for the judgment creditor | 12 |
| shall thereafter
hold the deducted wages subject to further | 13 |
| order of the court and shall make
answer to the court regarding | 14 |
| amounts received from the federal agency
employer. The federal | 15 |
| agency employer's periodic payments shall be considered
a | 16 |
| sufficient answer to the interrogatories.
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| (c) Except as provided in subsection (b-5),
the employer | 18 |
| shall file, on or before the return date or within the
further | 19 |
| time that the court for cause may allow, a written answer under
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| oath to the interrogatories, setting forth the amount due as | 21 |
| wages to
the judgment debtor for the payroll periods ending | 22 |
| immediately prior to the service of the summons and a summary | 23 |
| of the
computation used to determine the amount of non-exempt | 24 |
| wages. Except as
provided in subsection (b-5), the
employer | 25 |
| shall mail by first class mail or hand deliver a copy of the
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| answer to the judgment debtor at the address specified in the | 27 |
| affidavit
filed under Section 12-805 of this Act, or at any | 28 |
| other address or location
of the judgment debtor known to the | 29 |
| employer.
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| A lien obtained hereunder shall have priority over any | 31 |
| subsequent
lien obtained hereunder, except that liens for the | 32 |
| support of a spouse
or dependent children shall have priority | 33 |
| over all other liens obtained
hereunder. Subsequent summonses | 34 |
| shall be effective in the order in which they are served.
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| (d) The Illinois Supreme Court may by rule allow an | 36 |
| employer to file
answers to interrogatories by facsimile |
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| transmission.
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| (e) Pursuant to answer under oath to the interrogatories by | 3 |
| the employer,
an order shall be entered compelling the employer | 4 |
| to deduct from wages of the
judgment debtor subject to | 5 |
| collection under a deduction order an amount which is
not to
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| exceed the lesser of (i) 15% of the gross amount of the wages | 7 |
| or (ii) the
amount by which disposable earnings for a week | 8 |
| exceed 45 times the Federal
Minimum Hourly Wage prescribed by | 9 |
| Section 206(a)(1) of Title 29 of the United
States Code, as | 10 |
| amended, in effect at the time the amounts are payable, for
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| each pay period in which statutory exemptions under Section | 12 |
| 12-804 and child
support garnishments, if any, leave funds to | 13 |
| be remitted. The order shall
further provide that deducted | 14 |
| wages shall be remitted to the creditor or
creditor's attorney | 15 |
| on a monthly basis.
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| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
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