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90_HB3790eng
735 ILCS 5/12-805 from Ch. 110, par. 12-805
735 ILCS 5/12-806 from Ch. 110, par. 12-806
735 ILCS 5/12-808 from Ch. 110, par. 12-808
Amends the "enforcement of judgments" Article of the Code
of Civil Procedure. Makes changes concerning wage
deductions. Requires that judgment creditor file an
affidavit stating the number of 84-day periods of withholding
of the judgment debtor's non-exempt wages that the judgment
creditor reasonably believes will be necessary in order to
secure payment in full of the total amount due on the
judgment and costs, and provides for service on judgment
debtor's employer of 4 copies of interrogatories for each
such 84-day period. Provides that judgment is a lien on
judgment debtor's wages until total amount due is paid (now,
until that time or until expiration of the employer's payroll
period ending immediately before 84 days after service of
summons, whichever occurs first). Provides that upon the
expiration of an 84-day period of withholding of the judgment
debtor's non-exempt wages, a new such 84-day period shall
begin unless otherwise ordered by the court. Requires that
the employer file written answers under oath to the
interrogatories for each such succeeding 84-day period until
ordered by the court to stop holding non-exempt wages of the
judgment debtor.
LRB9010485DJcd
HB3790 Engrossed LRB9010485DJcd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 12-805, 12-806, and 12-808 and adding Section
3 12-808.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Code of Civil Procedure is amended by
7 changing Sections 12-805, 12-806, and 12-808 and adding
8 Section 12-808.5 as follows:
9 (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
10 Sec. 12-805. Summons; Issuance.
11 (a) Upon the filing by a judgment creditor, its attorney
12 or other designee of (1) an affidavit that the affiant
13 believes any person is indebted to the judgment debtor for
14 wages due or to become due, as provided in Part 8 of Article
15 XII of this Act, and includes the last address of the
16 judgment debtor known to the affiant as well as the name of
17 the judgment debtor, and a certification by the judgment
18 creditor or his attorney that, before filing the affidavit,
19 the wage deduction notice has been mailed to the judgment
20 debtor by first class mail at the judgment debtor's last
21 known address, and (2) written interrogatories to be answered
22 by the employer with respect to the indebtedness, the clerk
23 of the court in which the judgment was entered shall issue
24 summons against the person named in the affidavit as employer
25 commanding the employer to appear in the court and answer the
26 interrogatories in writing under oath. The interrogatories
27 shall elicit all the information necessary to determine the
28 proper amount of non-exempt wages. The interrogatories shall
29 require that the employer certify that a copy of the
30 completed interrogatories as specified in subsection (c) of
31 Section 12-808 has been mailed or hand delivered to the
HB3790 Engrossed -2- LRB9010485DJcd
1 judgment debtor and shall be in a form consistent with local
2 court rules. The summons shall further command federal
3 agency employers, upon effective service of summons pursuant
4 to 5 USC 5520a, to commence to pay over deducted wages in
5 accordance with Section 12-808. The summons shall be in a
6 form consistent with local court rules. The summons shall be
7 accompanied by a copy of the underlying judgment or a
8 certification by the clerk of the court that entered the
9 judgment, or by the attorney for the judgment creditor,
10 setting forth the date and amount of the judgment, allowable
11 costs expended, interest accumulated, credits paid by or on
12 behalf of the judgment debtor and the balance due the
13 judgment creditor, the name of the court, and the number of
14 the case and one copy of a wage deduction notice in
15 substantially the following form:
16 "WAGE DEDUCTION NOTICE
17 (Name and address of Court)
18 Name of Case: (Name of Judgment Creditor),
19 Judgment Creditor v.
20 (Name of Judgment Debtor),
21 Judgment Debtor.
22 Address of Judgment Debtor: (Insert last known address)
23 Name and Address of Attorney for Judgment
24 Creditor or of Judgment Creditor (if no
25 attorney is listed): (Insert name and address)
26 Amount of Judgment: $..........
27 Employer: (Name of Employer)
28 Return Date: (Insert return date specified in summons)
29 NOTICE: The court shall be asked to issue a wage deduction
30 summons against the employer named above for wages due or
31 about to become due to you. The wage deduction summons may be
32 issued on the basis of a judgment against you in favor of the
33 judgment creditor in the amount stated above.
34 The amount of wages that may be deducted is limited by
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1 federal and Illinois law.
2 (1) Under Illinois law, the amount of wages that
3 may be deducted is limited to the lesser of (i) 15% of
4 gross weekly wages or (ii) the amount by which disposable
5 earnings for a week exceed the total of 45 times the
6 federal minimum hourly wage.
7 (2) Under federal law, the amount of wages that may
8 be deducted is limited to the lesser of (i) 25% of
9 disposable earnings for a week or (ii) the amount by
10 which disposable earnings for a week exceed 30 times the
11 federal minimum hourly wage.
12 (3) Pension and retirement benefits and refunds may
13 be claimed as exempt from wage deduction under Illinois
14 law.
15 You have the right to request a hearing before the court
16 to dispute the wage deduction because the wages are exempt.
17 To obtain a hearing in counties with a population of
18 1,000,000 or more, you must notify the Clerk of the Court in
19 person and in writing at (insert address of Clerk) before the
20 Return Date specified above or appear in court on the date
21 and time on that Return Date. To obtain a hearing in
22 counties with a population of less than 1,000,000, you must
23 notify the Clerk of the Court in writing at (insert address
24 of clerk) on or before the Return Date specified above. The
25 Clerk of the Court will provide a hearing date and the
26 necessary forms that must be prepared by you or your attorney
27 and sent to the judgment creditor and the employer, or their
28 attorney, regarding the time and location of the hearing.
29 This notice may be sent by regular first class mail."
30 (b) In a county with a population of less than
31 1,000,000, unless otherwise provided by circuit court rule,
32 at the request of the judgment creditor or his or her
33 attorney and instead of personal service, service of a
34 summons for a wage deduction may be made as follows:
HB3790 Engrossed -4- LRB9010485DJcd
1 (1) For each employer to be served, the judgment
2 creditor or his or her attorney shall pay to the clerk of
3 the court a fee of $2, plus the cost of mailing, and
4 furnish to the clerk an original and one copy of a
5 summons, an original and one copy of the interrogatories
6 and an affidavit setting forth the employer's mailing
7 address, an original and one copy of the wage deduction
8 notice required by subsection (a) of this Section, and a
9 copy of the judgment or certification described in
10 subsection (a) of this Section. The original judgment
11 shall be retained by the clerk.
12 (2) The clerk shall mail to the employer, at the
13 address appearing in the affidavit, the copy of the
14 judgment or certification described in subsection (a) of
15 this Section, the summons, the interrogatories, and the
16 wage deduction notice required by subsection (a) of this
17 Section, by certified or registered mail, return receipt
18 requested, showing to whom delivered and the date and
19 address of delivery. This Mailing shall be mailed on a
20 "restricted delivery" basis when service is directed to a
21 natural person. The envelope and return receipt shall
22 bear the return address of the clerk, and the return
23 receipt shall be stamped with the docket number of the
24 case. The receipt for certified or registered mail shall
25 state the name and address of the addressee, the date of
26 the mailing, shall identify the documents mailed, and
27 shall be attached to the original summons.
28 (3) The return receipt must be attached to the
29 original summons and, if it shows delivery at least 3 84
30 days before the return date, shall constitute proof of
31 service of any documents identified on the return receipt
32 as having been mailed.
33 (4) The clerk shall note the fact of service in a
34 permanent record.
HB3790 Engrossed -5- LRB9010485DJcd
1 (c) Instead of personal service, a summons for a wage
2 deduction may be served and returned in the manner provided
3 by Supreme Court rule for service, otherwise than by
4 publication, of a notice for additional relief upon a party
5 in default.
6 (Source: P.A. 88-492; 89-28, eff. 6-23-95.)
7 (735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
8 Sec. 12-806. Service and return of summons. Summons
9 shall be returnable not less than 21 98 nor more than 40 112
10 days after the date of issuance. Summons with 4 copies of
11 the interrogatories and one copy of the judgment or
12 certification and one copy of the wage deduction notice
13 specified in Section 12-805 of this Act shall be served on
14 the employer and returned as in other civil cases.
15 If the employer is served with summons less than 3 84
16 days prior to the return date, the court shall continue the
17 case to a new return date not less than 21 84 days after the
18 service of the summons.
19 (Source: P.A. 86-1268; 87-569.)
20 (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
21 Sec. 12-808. Duty of employer.
22 (a) An employer served as herein provided shall pay the
23 employee the amount of his or her exempt wages.
24 (b) To the extent of the amount due upon the judgment
25 and costs, the employer shall hold, subject to order of
26 court, any non-exempt wages due or which subsequently come
27 due. The judgment or balance due thereon is a lien on wages
28 due at the time of the service of summons, and such lien
29 shall continue as to subsequent earnings until the total
30 amount due upon the judgment and costs is paid or until the
31 expiration of the employer's payroll period ending
32 immediately prior to 84 days after the service of summons,
HB3790 Engrossed -6- LRB9010485DJcd
1 whichever first occurs, except that such lien on subsequent
2 earnings shall terminate sooner if the employment
3 relationship is terminated or if the underlying judgment is
4 vacated or modified.
5 (b-5) If the employer is a federal agency employer and
6 the creditor is represented by an attorney, then the
7 employer, upon service of summons and to the extent of the
8 amount due upon the judgment and costs, shall commence to pay
9 over to the attorney for the judgment creditor any non-exempt
10 wages due or that subsequently come due. The attorney for
11 the judgment creditor shall thereafter hold the deducted
12 wages subject to further order of the court and shall make
13 answer to the court regarding amounts received from the
14 federal agency employer. The federal agency employer's
15 periodic payments shall be considered a sufficient answer to
16 the interrogatories.
17 (c) Except as provided in subsection (b-5), the employer
18 shall file, on or before the return date, but in no event
19 sooner than 84 days after service of the summons, or within
20 the further time that the court for cause may allow, a
21 written answer under oath to the interrogatories, setting
22 forth the amount due as wages to the judgment debtor for the
23 payroll periods ending immediately prior to 84 days after the
24 service of the summons, the amount of non-exempt wages held
25 by the employer subject to order of court, and a summary of
26 the computation used to determine the amount of non-exempt
27 wages. Except as provided in subsection (b-5), the employer
28 shall mail by first class mail or hand deliver a copy of the
29 answer to the judgment debtor at the address specified in the
30 affidavit filed under Section 12-805 of this Act, or at any
31 other address or location of the judgment debtor known to the
32 employer.
33 A lien obtained hereunder shall have priority over any
34 subsequent lien obtained hereunder, except that liens for the
HB3790 Engrossed -7- LRB9010485DJcd
1 support of a spouse or dependent children shall have priority
2 over all other liens obtained hereunder. Subsequent
3 summonses shall be effective for successive 84 day periods in
4 the order in which they are served.
5 (d) The Illinois Supreme Court may by rule allow an
6 employer to file answers to interrogatories by facsimile
7 transmission.
8 (e) Pursuant to answer under oath to the interrogatories
9 by the employer, an order shall be entered compelling the
10 employer to deduct from wages of the judgment debtor subject
11 to collection under a deduction order an amount not to exceed
12 the lesser of (i) 15% of the gross amount of the wages or
13 (ii) 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
16 amended, in effect at the time the amounts are payable, for
17 each pay period in which statutory exemptions under Section
18 12-804 and child support garnishments, if any, leave funds to
19 be remitted. The order shall further provide that deducted
20 wages shall be remitted to the creditor or creditor's
21 attorney on a monthly basis.
22 (Source: P.A. 89-28, eff. 6-23-95.)
23 (735 ILCS 5/12-808.5 new)
24 Sec. 12-808.5. Certification of judgment balance.
25 Whenever a wage deduction order has not been fully satisfied
26 by the end of the first full calendar quarter following the
27 date of service of the wage deduction summons:
28 (1) The judgment creditor or his attorney shall
29 prepare a certification that states the amount of the
30 judgment remaining unsatisfied as of the last calendar
31 day of each full calendar quarter for which the wage
32 deduction order continues in effect.
33 (2) The certification shall be mailed or delivered
HB3790 Engrossed -8- LRB9010485DJcd
1 to the employer by the judgment creditor or his or her
2 attorney within 15 days after the end of each calendar
3 quarter for which the wage deduction order continues in
4 effect. The employer shall hand deliver or mail by first
5 class mail a copy of the certification to the judgment
6 debtor at the judgment debtor's last known address.