State of Illinois
90th General Assembly
Legislation

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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
                            -2-                LRB9011588DJpk
 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.
                            -3-                LRB9011588DJpk
 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
                            -4-                LRB9011588DJpk
 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
                            -5-                LRB9011588DJpk
 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
                            -6-                LRB9011588DJpk
 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
                            -7-                LRB9011588DJpk
 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.)

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