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(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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