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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-808.5
(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 | | prepare a certification that states the amount of the judgment remaining unsatisfied as of the last calendar day of each full calendar quarter for which the wage deduction order continues in effect.
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(2) The certification shall be mailed or delivered to
| | the employer by the judgment creditor or his or her attorney within 15 days after the end of each calendar quarter for which the wage deduction order continues in effect. The employer shall hand deliver or mail by first class mail a copy of the certification to the judgment debtor at the judgment debtor's last known address.
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| (3) In the event that the plaintiff fails to provide
| | the certification required by this Section, the employer must continue to withhold funds from the defendant's wages but may hold the funds without remitting to the plaintiff until such time as it receives a certification required by this Section. A certification of judgment balance need not be filed with the court.
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| (4) Any party to the wage deduction proceeding may,
| | upon motion with notice to all other parties, ask the court to review the balance due claimed by the judgment creditor.
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(Source: P.A. 95-661, eff. 1-1-08.)
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735 ILCS 5/12-809
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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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735 ILCS 5/12-819
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on Part 8 of Article XII. The provisions of
this Part 8 of Article XII of this Act
do not apply to orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for
support of a child or maintenance of a spouse.
(Source: P.A. 99-85, eff. 1-1-16 .)
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735 ILCS 5/Art. XII Pt. 9
(735 ILCS 5/Art. XII Pt. 9 heading)
Part 9.
Exemption of Homestead
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735 ILCS 5/12-901
(735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
Sec. 12-901. Amount. Every individual
is entitled to an estate of
homestead to the extent in value of $15,000 of his or her
interest in
a farm or lot of land and
buildings thereon, a condominium, or personal property,
owned or rightly possessed by lease or otherwise
and occupied by him or her as a residence, or in a cooperative that owns
property that the individual uses as a residence. That
homestead and all
right in and title to that homestead is exempt from
attachment, judgment, levy,
or judgment sale for the payment of his or her debts or other purposes and
from the laws of conveyance, descent, and legacy, except as provided in this
Code or in Section 20-6 of
the Probate Act of
1975. This
Section is not
applicable
between joint tenants or tenants in common but it is applicable as to any
creditors of those persons.
If 2 or more individuals own property that is exempt as a homestead, the
value of the exemption of each individual may not exceed his or her
proportionate share of $30,000 based upon percentage of
ownership.
(Source: P.A. 94-293, eff. 1-1-06.)
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