(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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(735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
Sec. 12-808. Duty of employer.
(a) An employer served as herein provided shall pay the
employee the amount of his or her exempt wages.
(b) To the extent of the amount due upon the judgment and costs, the
employer shall hold, subject to order of court, any non-exempt wages due or
which subsequently come due. The judgment or balance due thereon is
a lien on wages due at the time of the service of summons, and such lien
shall continue as to subsequent earnings until the total amount due upon
the judgment and costs is paid, except that such lien on subsequent
earnings shall terminate sooner if the employment relationship is
terminated or if the underlying judgment is vacated or modified.
(b-5) If the employer is a federal agency employer and the creditor is
represented by an attorney, then the employer, upon service of summons and to
the extent of the amount due upon the judgment and costs, shall commence to pay
over to the attorney for the judgment creditor any non-exempt wages due or that
subsequently come due. The attorney for the judgment creditor shall thereafter
hold the deducted wages subject to further order of the court and shall make
answer to the court regarding amounts received from the federal agency
employer. The federal agency employer's periodic payments shall be considered
a sufficient answer to the interrogatories.
(c) Except as provided in subsection (b-5),
the employer shall file, on or before the return date or within the
further time that the court for cause may allow, a written answer under
oath to the interrogatories, setting forth the amount due as wages to
the judgment debtor for the payroll periods ending immediately prior to the service of the summons and a summary of the
computation used to determine the amount of non-exempt wages. Except as
provided in subsection (b-5), the
employer shall mail by first class mail or hand deliver a copy of the
answer to the judgment debtor at the address specified in the affidavit
filed under Section 12-805 of this Act, or at any other address or location
of the judgment debtor known to the employer.
A lien obtained hereunder shall have priority over any subsequent
lien obtained hereunder, except that liens for the support of a spouse
or dependent children shall have priority over all other liens obtained
hereunder. Subsequent summonses shall be effective in the order in which they are served.
(d) The Illinois Supreme Court may by rule allow an employer to file
answers to interrogatories by facsimile transmission.
(e) Pursuant to answer under oath to the interrogatories by the employer,
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 the lesser of (i) 15% of the gross amount of the wages or (ii) the
amount by which disposable earnings for a week exceed 45 times the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United
States Code, as amended, in effect at the time the amounts are payable, for
each pay period in which statutory exemptions under Section 12-804 and child
support garnishments, if any, leave funds to be remitted or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater. The order shall
further provide that deducted wages shall be remitted to the creditor or
creditor's attorney on a monthly basis.
(f) If after the entry of a deduction order, the employer ceases to remit funds to the plaintiff pursuant to the order without a lawful excuse (which would terminate the employer's obligation under the deduction order such as the debtor having filed a bankruptcy, the debtor having left employment or the employer having received service of a support order against the judgment debtor having priority over the wage deduction proceedings), the court shall, upon plaintiff's motion, enter a conditional judgment against the employer for the balance due on the judgment. The plaintiff may then issue a Summons After Conditional Judgment. After service of the Summons After Conditional Judgment, the employer may show cause why the conditional judgment, or some portion thereof should not be made a final judgment. If the employer shall fail to respond or show cause why the conditional judgment or some portion thereof should not be
made final, the court shall confirm the conditional judgment and make it final as to the employer plus additional court costs.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-808.5)
Sec. 12-808.5. Certification of judgment balance. Whenever a wage
deduction order has not been fully satisfied by the end of the first full
calendar quarter following the date of service of the wage deduction
summons:
(1) The judgment creditor or his attorney shall | ||
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(2) The certification shall be mailed or delivered to | ||
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(3) In the event that the plaintiff fails to provide | ||
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(4) Any party to the wage deduction proceeding may, | ||
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(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-809) (from Ch. 110, par. 12-809)
Sec. 12-809.
Offsetting claims.
The employer is entitled to assert
against indebtedness due
to the judgment debtor offsetting claims against either or both the
judgment creditor and the judgment debtor, whether (1) due at the time
of service of the summons or thereafter to become due and (2) liquidated
or unliquidated, except demands for unliquidated claims for actions
sounding in tort. The employer is liable for the balance of indebtedness
due the judgment debtor after the offsetting claims are adjusted. The
verdict or finding and judgment shall show the amount of offsetting
claims or deductions allowed against each party.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-810) (from Ch. 110, par. 12-810)
Sec. 12-810.
Adverse claims.
(a) In the event any indebtedness or
other property due from
or in the possession of an employer is claimed by any other person, the court
shall permit the claimant to appear and maintain his or her claim. A claimant
not voluntarily appearing shall be served with notice in person or by
certified or registered mail. If a claimant fails to appear after being
served with notice in the manner directed, he or she shall be concluded by the
judgment entered in the proceeding against any claim on the wages
involved in that proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor and the employer, he or she is then a party to the proceeding, and his
or her claim shall be tried and determined with the other issues in the action.
If the adverse claimant is entitled to all or part of the indebtedness
or other property, the court shall enter judgment in accordance with the
interest of the parties.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-811) (from Ch. 110, par. 12-811)
Sec. 12-811.
Trial and judgment.
(a) The judgment creditor or the judgment debtor may contest the truth or
sufficiency of the employer's answer and, in accordance with local court
rules, the court shall immediately, unless for good cause the hearing is
postponed, proceed to try the issues. The answer of the employer may be
contested without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the wage deduction because the wages are
exempt by notifying the clerk of court before that time, using forms as may
be provided by the clerk of the court. To obtain a hearing
in counties with a population of 1,000,000 or more, the judgment debtor
must notify the clerk of court in person and in writing at the clerk's office
before the return date specified in the summons or appear in court on the
date and time specified in the summons. To obtain a hearing in counties
with a population of less than 1,000,000, the judgment debtor must notify
the clerk of the court in writing at the clerk's office on or before the
return date specified in the summons. The Clerk of Court will provide a
hearing date and the necessary forms that must be prepared by the judgment
debtor or the attorney for the judgment debtor and sent to the judgment
creditor and the employer, or their attorney, regarding the time and
location of the hearing. This notice may be sent by regular first class
mail. At the hearing the court shall immediately, unless for good cause the
hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding is against an employer, a deduction order shall
be entered against the employer and in favor of the judgment debtor to
whom the employer is indebted, in the same manner as if the facts are
admitted.
(e) No deduction order shall be entered in favor of the judgment
creditor unless the affidavit filed by the judgment creditor certifies that
a copy of the wage deduction notice has been mailed to the judgment debtor,
under Section 12-805, and the employer's answer provides a summary of the
computation used to determine the amount of non-exempt wages.
If the employer is a federal agency employer, a deduction order shall be
entered in favor of the judgment creditor if (i) the affidavit filed by the
judgment creditor certifies that a copy of the wage deduction notice has been
mailed to the judgment debtor under Section 12-805 and (ii) the federal agency
employer identifies, on or with its periodic payments made under subsection
(b-5) of Section 12-808, the computation method used to determine the amount of
non-exempt wages. A federal agency employer shall not be required to provide a
summary of the computation used to determine the amount of non-exempt wages.
(Source: P.A. 89-28, eff. 6-23-95.)
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(735 ILCS 5/12-812) (from Ch. 110, par. 12-812)
Sec. 12-812.
Effect of order.
A deduction order against an employer
shall be enforceable
as in other civil cases and shall discharge the employer of all claims by
the judgment debtor for the indebtedness paid, delivered or accounted
for by the employer by virtue of the order. The discharge of an employer
is no bar to an action by the judgment debtor for the same claim.
Entry of the deduction order shall discharge the federal agency employer of
all claims by the judgment debtor for the indebtedness paid and delivered by
the employer and accounted for by the attorney for the judgment creditor under
this Section.
(Source: P.A. 89-28, eff. 6-23-95.)
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(735 ILCS 5/12-813) (from Ch. 110, par. 12-813)
Sec. 12-813.
Judgment by confession.
A judgment by confession without
service of process on the
defendant shall not be the basis for seeking a deduction order, unless
such judgment is confirmed after service of process by a trial de novo,
as if such confession of judgment had not been obtained,
except that if it appears by the return of the officer on the first summons
that the employee is not found, alias summonses subsequently issued may
be served upon the employee by leaving a copy thereof with the employee's
employer, or leaving a copy thereof at the usual place of business of the
employer with his or her superintendent, manager, cashier, general agent
or clerk, pursuant to an affidavit filed by the creditor with the clerk
of the court stating the identity of the employee's employer, and that the
employee is actively employed at the time such alias is sought, and except that if
a notice of defense has been filed
to a wage
assignment as provided in Section 4.1 of "An Act to promote the welfare
of wage earners by regulating the assignment of wages, and prescribing a
penalty for the violation thereof", approved July 1, 1935, as amended, the
debtor may be served by registered or
certified mail within 6 months after the filing of such defense on a
wage assignment in the action to confirm the judgment by confession and
such mailing by the creditor to the address shown on the notice of
defense shall constitute service of the summons.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-814) (from Ch. 110, par. 12-814)
Sec. 12-814. Costs and fees.
(a) The costs of obtaining a deduction order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case
those costs shall be paid by the judgment creditor.
(b) No fee shall be paid by an employer for filing his or her appearance,
answer or satisfaction of judgment against him or her.
(c) A fee consisting of 2% of the amount
required to be deducted by any deduction order shall be allowed and paid
to the employer, and the amount so paid shall be charged to the judgment
debtor.
(d) No other fee shall be paid to an employer at the time of service
of the summons or at any other time thereafter unless he or she is subpoenaed
to appear as a witness, in which case he or she is entitled to witness fees as
in other civil cases.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-815) (from Ch. 110, par. 12-815)
Sec. 12-815.
Death of employer.
Upon the death of an employer the procedure
shall be the
same as in the case of the death of a defendant in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-816) (from Ch. 110, par. 12-816)
Sec. 12-816.
Assignment, transfer or other disposition.
No assignment,
transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the deduction order, unless (1) prior to the service of
summons upon the administrator or executor, the transfer or other
disposition is reduced to writing and (2) the writing is filed in the
office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-817) (from Ch. 110, par. 12-817)
Sec. 12-817.
Wrongful issuance of summons.
If any person wrongfully
causes summons to issue for a
deduction order, he or she shall be liable to the employee and the employer for
all damages occasioned by such action including reasonable attorney's
fees, which damages or attorney's fees may be proved in the same action
in which the summons was wrongfully issued.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-818) (from Ch. 110, par. 12-818)
Sec. 12-818.
Discharge or suspension of employee prohibited.
No employer may discharge or suspend any employee by reason of the
fact that his or her earnings have been subjected to a deduction order for any
one indebtedness. Any person violating this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 82-280.)
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