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90_SB1641
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.
LRB9011588DJpk
LRB9011588DJpk
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 12-805, 12-806, and 12-808.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 12-805, 12-806, and 12-808 as follows:
7 (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
8 Sec. 12-805. Summons; Issuance.
9 (a) Upon the filing by a judgment creditor, its attorney
10 or other designee of (1) an affidavit that the affiant
11 believes any person is indebted to the judgment debtor for
12 wages due or to become due, as provided in Part 8 of Article
13 XII of this Act, and includes the last address of the
14 judgment debtor known to the affiant as well as the name of
15 the judgment debtor, and a certification by the judgment
16 creditor or his attorney that, before filing the affidavit,
17 the wage deduction notice has been mailed to the judgment
18 debtor by first class mail at the judgment debtor's last
19 known address, and (2) written interrogatories to be answered
20 by the employer with respect to the indebtedness, and (3) an
21 affidavit stating the number of 84-day periods of withholding
22 of the judgment debtor's non-exempt wages that the judgment
23 creditor or the judgment creditor's attorney or other
24 designee reasonably believes will be necessary in order to
25 secure payment in full of the total amount due on the
26 judgment and costs, the clerk of the court in which the
27 judgment was entered shall issue summons against the person
28 named in the affidavit as employer commanding the employer to
29 appear in the court and answer the interrogatories in writing
30 under oath. The interrogatories shall elicit all the
31 information necessary to determine the proper amount of
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1 non-exempt wages. The interrogatories shall require that the
2 employer certify that a copy of the completed interrogatories
3 as specified in subsection (c) of Section 12-808 has been
4 mailed or hand delivered to the judgment debtor and shall be
5 in a form consistent with local court rules. The summons
6 shall further command federal agency employers, upon
7 effective service of summons pursuant to 5 USC 5520a, to
8 commence to pay over deducted wages in accordance with
9 Section 12-808. The summons shall be in a form consistent
10 with local court rules. The summons shall be accompanied by a
11 copy of the underlying judgment or a certification by the
12 clerk of the court that entered the judgment, or by the
13 attorney for the judgment creditor, setting forth the amount
14 of the judgment, the name of the court, and the number of the
15 case and one copy of a wage deduction notice in substantially
16 the following form:
17 "WAGE DEDUCTION NOTICE
18 (Name and address of Court)
19 Name of Case: (Name of Judgment Creditor),
20 Judgment Creditor v.
21 (Name of Judgment Debtor),
22 Judgment Debtor.
23 Address of Judgment Debtor: (Insert last known address)
24 Name and Address of Attorney for Judgment
25 Creditor or of Judgment Creditor (if no
26 attorney is listed): (Insert name and address)
27 Amount of Judgment: $..........
28 Employer: (Name of Employer)
29 Return Date: (Insert return date specified in summons)
30 NOTICE: The court shall be asked to issue a wage deduction
31 summons against the employer named above for wages due or
32 about to become due to you. The wage deduction summons may be
33 issued on the basis of a judgment against you in favor of the
34 judgment creditor in the amount stated above.
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1 The amount of wages that may be deducted is limited by
2 federal and Illinois law.
3 (1) Under Illinois law, the amount of wages that
4 may be deducted is limited to the lesser of (i) 15% of
5 gross weekly wages or (ii) the amount by which disposable
6 earnings for a week exceed the total of 45 times the
7 federal minimum hourly wage.
8 (2) Under federal law, the amount of wages that may
9 be deducted is limited to the lesser of (i) 25% of
10 disposable earnings for a week or (ii) the amount by
11 which disposable earnings for a week exceed 30 times the
12 federal minimum hourly wage.
13 (3) Pension and retirement benefits and refunds may
14 be claimed as exempt from wage deduction under Illinois
15 law.
16 You have the right to request a hearing before the court
17 to dispute the wage deduction because the wages are exempt.
18 To obtain a hearing in counties with a population of
19 1,000,000 or more, you must notify the Clerk of the Court in
20 person and in writing at (insert address of Clerk) before the
21 Return Date specified above or appear in court on the date
22 and time on that Return Date. To obtain a hearing in
23 counties with a population of less than 1,000,000, you must
24 notify the Clerk of the Court in writing at (insert address
25 of clerk) on or before the Return Date specified above. The
26 Clerk of the Court will provide a hearing date and the
27 necessary forms that must be prepared by you or your attorney
28 and sent to the judgment creditor and the employer, or their
29 attorney, regarding the time and location of the hearing.
30 This notice may be sent by regular first class mail."
31 (b) In a county with a population of less than
32 1,000,000, unless otherwise provided by circuit court rule,
33 at the request of the judgment creditor or his or her
34 attorney and instead of personal service, service of a
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1 summons for a wage deduction may be made as follows:
2 (1) For each employer to be served, the judgment
3 creditor or his or her attorney shall pay to the clerk of
4 the court a fee of $2, plus the cost of mailing, and
5 furnish to the clerk an original and one copy of a
6 summons, an original and one copy of the interrogatories
7 and an affidavit setting forth the employer's mailing
8 address, an original and one copy of the wage deduction
9 notice required by subsection (a) of this Section, and a
10 copy of the judgment or certification described in
11 subsection (a) of this Section. The original judgment
12 shall be retained by the clerk.
13 (2) The clerk shall mail to the employer, at the
14 address appearing in the affidavit, the copy of the
15 judgment or certification described in subsection (a) of
16 this Section, the summons, the interrogatories, and the
17 wage deduction notice required by subsection (a) of this
18 Section, by certified or registered mail, return receipt
19 requested, showing to whom delivered and the date and
20 address of delivery. This Mailing shall be mailed on a
21 "restricted delivery" basis when service is directed to a
22 natural person. The envelope and return receipt shall
23 bear the return address of the clerk, and the return
24 receipt shall be stamped with the docket number of the
25 case. The receipt for certified or registered mail shall
26 state the name and address of the addressee, the date of
27 the mailing, shall identify the documents mailed, and
28 shall be attached to the original summons.
29 (3) The return receipt must be attached to the
30 original summons and, if it shows delivery at least 84
31 days before the return date, shall constitute proof of
32 service of any documents identified on the return receipt
33 as having been mailed.
34 (4) The clerk shall note the fact of service in a
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1 permanent record.
2 (Source: P.A. 88-492; 89-28, eff. 6-23-95.)
3 (735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
4 Sec. 12-806. Service and return of summons. Summons
5 shall be returnable not less than 98 nor more than 112 days
6 after the date of issuance. Summons with 4 copies of the
7 interrogatories and one copy of the judgment or certification
8 and one copy of the wage deduction notice specified in
9 Section 12-805 of this Act shall be served on the employer
10 and returned as in other civil cases. Four copies of the
11 interrogatories for each 84-day period specified by affidavit
12 as required in item (3) in subsection (a) of Section 12-805
13 shall be served with the summons. The summons shall be
14 effective for the number of 84-day periods of withholding of
15 the judgment debtor's non-exempt wages necessary in order to
16 secure payment in full of the total amount due on the
17 judgment and costs.
18 If the employer is served with summons less than 84 days
19 prior to the return date, the court shall continue the case
20 to a new return date not less than 84 days after the service
21 of the summons.
22 (Source: P.A. 86-1268; 87-569.)
23 (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
24 Sec. 12-808. Duty of employer.
25 (a) An employer served as herein provided shall pay the
26 employee the amount of his or her exempt wages.
27 (b) To the extent of the amount due upon the judgment
28 and costs, the employer shall hold, subject to order of
29 court, any non-exempt wages due or which subsequently come
30 due. The judgment or balance due thereon is a lien on wages
31 due at the time of the service of summons, and such lien
32 shall continue as to subsequent earnings until the total
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1 amount due upon the judgment and costs is paid or until the
2 expiration of the employer's payroll period ending
3 immediately prior to 84 days after the service of summons,
4 whichever first occurs, except that such lien on subsequent
5 earnings shall terminate sooner if the employment
6 relationship is terminated or if the underlying judgment is
7 vacated or modified.
8 (b-5) If the employer is a federal agency employer and
9 the creditor is represented by an attorney, then the
10 employer, upon service of summons and to the extent of the
11 amount due upon the judgment and costs, shall commence to pay
12 over to the attorney for the judgment creditor any non-exempt
13 wages due or that subsequently come due. The attorney for
14 the judgment creditor shall thereafter hold the deducted
15 wages subject to further order of the court and shall make
16 answer to the court regarding amounts received from the
17 federal agency employer. The federal agency employer's
18 periodic payments shall be considered a sufficient answer to
19 the interrogatories.
20 (c) Except as provided in subsection (b-5), the employer
21 shall file, on or before the return date, but in no event
22 sooner than 84 days after service of the summons or after
23 expiration of the immediately preceding 84-day period during
24 which the employer held non-exempt wages of the judgment
25 debtor for the same judgment creditor, or within the further
26 time that the court for cause may allow, a written answer
27 under oath to the interrogatories, setting forth the amount
28 due as wages to the judgment debtor for the payroll periods
29 ending immediately prior to 84 days after the service of the
30 summons or after expiration of the immediately preceding
31 84-day period during which the employer held non-exempt wages
32 of the judgment debtor for the same judgment creditor, as the
33 case may be, the amount of non-exempt wages held by the
34 employer subject to order of court, and a summary of the
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1 computation used to determine the amount of non-exempt wages.
2 Except as provided in subsection (b-5), the employer shall
3 mail by first class mail or hand deliver a copy of the answer
4 to the judgment debtor at the address specified in the
5 affidavit filed under Section 12-805 of this Act, or at any
6 other address or location of the judgment debtor known to the
7 employer.
8 Upon the expiration of an 84-day period of withholding of
9 the judgment debtor's non-exempt wages, a new such 84-day
10 period shall begin unless otherwise ordered by the court.
11 The employer shall file written answers under oath to the
12 interrogatories for each such succeeding 84-day period until
13 ordered by the court to stop holding non-exempt wages of the
14 judgment debtor. If the employer answers all of the copies
15 of the interrogatories served on the employer with the
16 summons, the employer shall request additional copies of the
17 interrogatories from the judgment creditor. In response to
18 such a request by an employer the judgment creditor shall
19 furnish to the employer 4 copies of the interrogatories for
20 each 84-day period of withholding of the judgment debtor's
21 non-exempt wages that the judgment creditor reasonably
22 believes will be necessary in order to secure payment in full
23 of the total amount due on the judgment and costs.
24 A lien obtained hereunder shall have priority over any
25 subsequent lien obtained hereunder, except that liens for the
26 support of a spouse or dependent children shall have priority
27 over all other liens obtained hereunder. Subsequent
28 summonses shall be effective for successive 84 day periods in
29 the order in which they are served.
30 (d) The Illinois Supreme Court may by rule allow an
31 employer to file answers to interrogatories by facsimile
32 transmission.
33 (Source: P.A. 89-28, eff. 6-23-95.)