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90_HB3790ham001
LRB9010485DJcdam02
1 AMENDMENT TO HOUSE BILL 3790
2 AMENDMENT NO. . Amend House Bill 3790 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 12-805, 12-806, and 12-808 and adding Section
6 12-808.5."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Code of Civil Procedure is amended by
10 changing Sections 12-805, 12-806, and 12-808 and adding
11 Section 12-808.5 as follows:
12 (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
13 Sec. 12-805. Summons; Issuance.
14 (a) Upon the filing by a judgment creditor, its attorney
15 or other designee of (1) an affidavit that the affiant
16 believes any person is indebted to the judgment debtor for
17 wages due or to become due, as provided in Part 8 of Article
18 XII of this Act, and includes the last address of the
19 judgment debtor known to the affiant as well as the name of
20 the judgment debtor, and a certification by the judgment
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1 creditor or his attorney that, before filing the affidavit,
2 the wage deduction notice has been mailed to the judgment
3 debtor by first class mail at the judgment debtor's last
4 known address, and (2) written interrogatories to be answered
5 by the employer with respect to the indebtedness, the clerk
6 of the court in which the judgment was entered shall issue
7 summons against the person named in the affidavit as employer
8 commanding the employer to appear in the court and answer the
9 interrogatories in writing under oath. The interrogatories
10 shall elicit all the information necessary to determine the
11 proper amount of non-exempt wages. The interrogatories shall
12 require that the employer certify that a copy of the
13 completed interrogatories as specified in subsection (c) of
14 Section 12-808 has been mailed or hand delivered to the
15 judgment debtor and shall be in a form consistent with local
16 court rules. The summons shall further command federal
17 agency employers, upon effective service of summons pursuant
18 to 5 USC 5520a, to commence to pay over deducted wages in
19 accordance with Section 12-808. The summons shall be in a
20 form consistent with local court rules. The summons shall be
21 accompanied by a copy of the underlying judgment or a
22 certification by the clerk of the court that entered the
23 judgment, or by the attorney for the judgment creditor,
24 setting forth the date and amount of the judgment, allowable
25 costs expended, interest accumulated, credits paid by or on
26 behalf of the judgment debtor and the balance due the
27 judgment creditor, the name of the court, and the number of
28 the case and one copy of a wage deduction notice in
29 substantially the following form:
30 "WAGE DEDUCTION NOTICE
31 (Name and address of Court)
32 Name of Case: (Name of Judgment Creditor),
33 Judgment Creditor v.
34 (Name of Judgment Debtor),
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1 Judgment Debtor.
2 Address of Judgment Debtor: (Insert last known address)
3 Name and Address of Attorney for Judgment
4 Creditor or of Judgment Creditor (if no
5 attorney is listed): (Insert name and address)
6 Amount of Judgment: $..........
7 Employer: (Name of Employer)
8 Return Date: (Insert return date specified in summons)
9 NOTICE: The court shall be asked to issue a wage deduction
10 summons against the employer named above for wages due or
11 about to become due to you. The wage deduction summons may be
12 issued on the basis of a judgment against you in favor of the
13 judgment creditor in the amount stated above.
14 The amount of wages that may be deducted is limited by
15 federal and Illinois law.
16 (1) Under Illinois law, the amount of wages that
17 may be deducted is limited to the lesser of (i) 15% of
18 gross weekly wages or (ii) the amount by which disposable
19 earnings for a week exceed the total of 45 times the
20 federal minimum hourly wage.
21 (2) Under federal law, the amount of wages that may
22 be deducted is limited to the lesser of (i) 25% of
23 disposable earnings for a week or (ii) the amount by
24 which disposable earnings for a week exceed 30 times the
25 federal minimum hourly wage.
26 (3) Pension and retirement benefits and refunds may
27 be claimed as exempt from wage deduction under Illinois
28 law.
29 You have the right to request a hearing before the court
30 to dispute the wage deduction because the wages are exempt.
31 To obtain a hearing in counties with a population of
32 1,000,000 or more, you must notify the Clerk of the Court in
33 person and in writing at (insert address of Clerk) before the
34 Return Date specified above or appear in court on the date
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1 and time on that Return Date. To obtain a hearing in
2 counties with a population of less than 1,000,000, you must
3 notify the Clerk of the Court in writing at (insert address
4 of clerk) on or before the Return Date specified above. The
5 Clerk of the Court will provide a hearing date and the
6 necessary forms that must be prepared by you or your attorney
7 and sent to the judgment creditor and the employer, or their
8 attorney, regarding the time and location of the hearing.
9 This notice may be sent by regular first class mail."
10 (b) In a county with a population of less than
11 1,000,000, unless otherwise provided by circuit court rule,
12 at the request of the judgment creditor or his or her
13 attorney and instead of personal service, service of a
14 summons for a wage deduction may be made as follows:
15 (1) For each employer to be served, the judgment
16 creditor or his or her attorney shall pay to the clerk of
17 the court a fee of $2, plus the cost of mailing, and
18 furnish to the clerk an original and one copy of a
19 summons, an original and one copy of the interrogatories
20 and an affidavit setting forth the employer's mailing
21 address, an original and one copy of the wage deduction
22 notice required by subsection (a) of this Section, and a
23 copy of the judgment or certification described in
24 subsection (a) of this Section. The original judgment
25 shall be retained by the clerk.
26 (2) The clerk shall mail to the employer, at the
27 address appearing in the affidavit, the copy of the
28 judgment or certification described in subsection (a) of
29 this Section, the summons, the interrogatories, and the
30 wage deduction notice required by subsection (a) of this
31 Section, by certified or registered mail, return receipt
32 requested, showing to whom delivered and the date and
33 address of delivery. This Mailing shall be mailed on a
34 "restricted delivery" basis when service is directed to a
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1 natural person. The envelope and return receipt shall
2 bear the return address of the clerk, and the return
3 receipt shall be stamped with the docket number of the
4 case. The receipt for certified or registered mail shall
5 state the name and address of the addressee, the date of
6 the mailing, shall identify the documents mailed, and
7 shall be attached to the original summons.
8 (3) The return receipt must be attached to the
9 original summons and, if it shows delivery at least 3 84
10 days before the return date, shall constitute proof of
11 service of any documents identified on the return receipt
12 as having been mailed.
13 (4) The clerk shall note the fact of service in a
14 permanent record.
15 (c) Instead of personal service, a summons for a wage
16 deduction may be served and returned in the manner provided
17 by Supreme Court rule for service, otherwise than by
18 publication, of a notice for additional relief upon a party
19 in default.
20 (Source: P.A. 88-492; 89-28, eff. 6-23-95.)
21 (735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
22 Sec. 12-806. Service and return of summons. Summons
23 shall be returnable not less than 21 98 nor more than 40 112
24 days after the date of issuance. Summons with 4 copies of
25 the interrogatories and one copy of the judgment or
26 certification and one copy of the wage deduction notice
27 specified in Section 12-805 of this Act shall be served on
28 the employer and returned as in other civil cases.
29 If the employer is served with summons less than 3 84
30 days prior to the return date, the court shall continue the
31 case to a new return date not less than 21 84 days after the
32 service of the summons.
33 (Source: P.A. 86-1268; 87-569.)
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1 (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
2 Sec. 12-808. Duty of employer.
3 (a) An employer served as herein provided shall pay the
4 employee the amount of his or her exempt wages.
5 (b) To the extent of the amount due upon the judgment
6 and costs, the employer shall hold, subject to order of
7 court, any non-exempt wages due or which subsequently come
8 due. The judgment or balance due thereon is a lien on wages
9 due at the time of the service of summons, and such lien
10 shall continue as to subsequent earnings until the total
11 amount due upon the judgment and costs is paid or until the
12 expiration of the employer's payroll period ending
13 immediately prior to 84 days after the service of summons,
14 whichever first occurs, except that such lien on subsequent
15 earnings shall terminate sooner if the employment
16 relationship is terminated or if the underlying judgment is
17 vacated or modified.
18 (b-5) If the employer is a federal agency employer and
19 the creditor is represented by an attorney, then the
20 employer, upon service of summons and to the extent of the
21 amount due upon the judgment and costs, shall commence to pay
22 over to the attorney for the judgment creditor any non-exempt
23 wages due or that subsequently come due. The attorney for
24 the judgment creditor shall thereafter hold the deducted
25 wages subject to further order of the court and shall make
26 answer to the court regarding amounts received from the
27 federal agency employer. The federal agency employer's
28 periodic payments shall be considered a sufficient answer to
29 the interrogatories.
30 (c) Except as provided in subsection (b-5), the employer
31 shall file, on or before the return date, but in no event
32 sooner than 84 days after service of the summons, or within
33 the further time that the court for cause may allow, a
34 written answer under oath to the interrogatories, setting
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1 forth the amount due as wages to the judgment debtor for the
2 payroll periods ending immediately prior to 84 days after the
3 service of the summons, the amount of non-exempt wages held
4 by the employer subject to order of court, and a summary of
5 the computation used to determine the amount of non-exempt
6 wages. Except as provided in subsection (b-5), the employer
7 shall mail by first class mail or hand deliver a copy of the
8 answer to the judgment debtor at the address specified in the
9 affidavit filed under Section 12-805 of this Act, or at any
10 other address or location of the judgment debtor known to the
11 employer.
12 A lien obtained hereunder shall have priority over any
13 subsequent lien obtained hereunder, except that liens for the
14 support of a spouse or dependent children shall have priority
15 over all other liens obtained hereunder. Subsequent
16 summonses shall be effective for successive 84 day periods in
17 the order in which they are served.
18 (d) The Illinois Supreme Court may by rule allow an
19 employer to file answers to interrogatories by facsimile
20 transmission.
21 (e) Pursuant to answer under oath to the interrogatories
22 by the employer, an order shall be entered compelling the
23 employer to deduct from wages of the judgment debtor subject
24 to collection under a deduction order an amount not to exceed
25 the lesser of (i) 15% of the gross amount of the wages or
26 (ii) the amount by which disposable earnings for a week
27 exceed 45 times the Federal Minimum Hourly Wage prescribed by
28 Section 206(a)(1) of Title 29 of the United States Code, as
29 amended, in effect at the time the amounts are payable, for
30 each pay period in which statutory exemptions under Section
31 12-804 and child support garnishments, if any, leave funds to
32 be remitted. The order shall further provide that deducted
33 wages shall be remitted to the creditor or creditor's
34 attorney on a monthly basis.
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1 (Source: P.A. 89-28, eff. 6-23-95.)
2 (735 ILCS 5/12-808.5 new)
3 Sec. 12-808.5. Certification of judgment balance.
4 Whenever a wage deduction order has not been fully satisfied
5 by the end of the first full calendar quarter following the
6 date of service of the wage deduction summons:
7 (1) The judgment creditor or his attorney shall
8 prepare a certification that states the amount of the
9 judgment remaining unsatisfied as of the last calendar
10 day of each full calendar quarter for which the wage
11 deduction order continues in effect.
12 (2) The certification shall be mailed or delivered
13 to the employer by the judgment creditor or his or her
14 attorney within 15 days after the end of each calendar
15 quarter for which the wage deduction order continues in
16 effect. The employer shall hand deliver or mail by first
17 class mail a copy of the certification to the judgment
18 debtor at the judgment debtor's last known address.".