97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0281

 

Introduced 01/28/11, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1303  from Ch. 110, par. 2-1303
735 ILCS 5/12-805  from Ch. 110, par. 12-805
735 ILCS 5/12-808  from Ch. 110, par. 12-808
735 ILCS 5/12-811  from Ch. 110, par. 12-811

    Amends the Code of Civil Procedure. Provides that if the court finds that a judgment debtor is a family supporter, the court may prospectively reduce the amount of wages withheld or reduce the interest rate on a judgment to a rate not lower than 3%, taking into consideration the needs of the judgment debtor's dependent and the judgment debtor's ability to meet those needs. Provides that under the Act, (1) "family supporter" means an individual who actually supports and resides with one or more dependents; and (2) "dependent" means a child under the age of 18 who resides with and is supported by the judgment debtor or a disabled person who resides with and is supported by the judgment debtor and whose relationship with the judgment debtor is that of parent, stepparent, son, daughter, sibling, uncle, aunt, grandparent, or ward. Provides that certain provisions that are operative on and after January 1, 2012 revert, as of January 1, 2014, to the law existing before the effective date of the amendatory Act. Effective January 1, 2012.


LRB097 06644 AJO 46730 b

 

 

A BILL FOR

 

HB0281LRB097 06644 AJO 46730 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1303, 12-805, 12-808, and 12-811 as
6follows:
 
7    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
8    Sec. 2-1303. Interest on judgment.
9    (a) This subsection (a) is operative through December 31,
102013 and is inoperative on and after January 1, 2014. Judgments
11recovered in any court shall draw interest at the rate of 9%
12per annum from the date of the judgment until satisfied or 6%
13per annum when the judgment debtor is a unit of local
14government, as defined in Section 1 of Article VII of the
15Constitution, a school district, a community college district,
16or any other governmental entity; provided that if the judgment
17debtor qualifies for relief under subsection (b), the court may
18reduce the interest rate to as low as 3% per annum. When
19judgment is entered upon any award, report or verdict, interest
20shall be computed at the above rate, from the time when made or
21rendered to the time of entering judgment upon the same, and
22included in the judgment. Interest shall be computed and
23charged only on the unsatisfied portion of the judgment as it

 

 

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1exists from time to time. The judgment debtor may by tender of
2payment of judgment, costs and interest accrued to the date of
3tender, stop the further accrual of interest on such judgment
4notwithstanding the prosecution of an appeal, or other steps to
5reverse, vacate or modify the judgment.
6    (a-5) This subsection (a-5) is inoperative through
7December 31, 2013 and is operative on and after January 1,
82014. Judgments recovered in any court shall draw interest at
9the rate of 9% per annum from the date of the judgment until
10satisfied or 6% per annum when the judgment debtor is a unit of
11local government, as defined in Section 1 of Article VII of the
12Constitution, a school district, a community college district,
13or any other governmental entity. When judgment is entered upon
14any award, report or verdict, interest shall be computed at the
15above rate, from the time when made or rendered to the time of
16entering judgment upon the same, and included in the judgment.
17Interest shall be computed and charged only on the unsatisfied
18portion of the judgment as it exists from time to time. The
19judgment debtor may by tender of payment of judgment, costs and
20interest accrued to the date of tender, stop the further
21accrual of interest on such judgment notwithstanding the
22prosecution of an appeal, or other steps to reverse, vacate or
23modify the judgment.
24    (b) This subsection (b) is operative through December 31,
252013 and is inoperative on and after January 1, 2014. The court
26may, pursuant to Section 12-811, enter an order reducing the

 

 

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1amount of wages withheld and reducing the rate of interest a
2judgment debtor is obligated to pay on the judgment, if the
3court finds that the judgment debtor is a "family supporter"
4and the full wage deduction would result in a denial of
5necessities to the judgment debtor's dependent. The term
6"family supporter" means an individual who actually supports
7and resides with one or more dependents. The term "dependent"
8means a child under the age of 18 who resides with and is
9supported by the judgment debtor or a disabled person who
10resides with and is supported by the judgment debtor and whose
11relationship with the judgment debtor is that of parent,
12stepparent, son, daughter, sibling, uncle, aunt, grandparent,
13or ward. A reduction in the rate of interest on a judgment
14ordered by the court shall be prospective only and the court
15may reduce the rate of interest to as low as 3% per annum.
16Subsequent to the entry of an order reducing the rate of
17interest on a judgment pursuant to this subsection, any party
18may request that a prospective readjustment in the rate be
19made, based on a relevant change in circumstances.
20(Source: P.A. 85-907.)
 
21    (735 ILCS 5/12-805)  (from Ch. 110, par. 12-805)
22    Sec. 12-805. Summons; Issuance.
23    (a) This subsection (a) is operative through December 31,
242013 and is inoperative on and after January 1, 2014. Upon the
25filing by a judgment creditor, its attorney or other designee

 

 

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1of (1) an affidavit that the affiant believes any person is
2indebted to the judgment debtor for wages due or to become due,
3as provided in Part 8 of Article XII of this Act, and includes
4the last address of the judgment debtor known to the affiant as
5well as the name of the judgment debtor, and a certification by
6the judgment creditor or his attorney that, before filing the
7affidavit, the wage deduction notice has been mailed to the
8judgment debtor by first class mail at the judgment debtor's
9last known address, and (2) written interrogatories to be
10answered by the employer with respect to the indebtedness, the
11clerk of the court in which the judgment was entered shall
12issue summons against the person named in the affidavit as
13employer commanding the employer to appear in the court and
14answer the interrogatories in writing under oath. The
15interrogatories shall elicit all the information necessary to
16determine the proper amount of non-exempt wages. The
17interrogatories shall require that the employer certify that a
18copy of the completed interrogatories as specified in
19subsection (c) of Section 12-808 has been mailed or hand
20delivered to the judgment debtor and shall be in a form
21consistent with local court rules. The summons shall further
22command federal agency employers, upon effective service of
23summons pursuant to 5 USC 5520a, to commence to pay over
24deducted wages in accordance with Section 12-808. The summons
25shall be in a form consistent with local court rules. The
26summons shall be accompanied by a copy of the underlying

 

 

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1judgment or a certification by the clerk of the court that
2entered the judgment, or by the attorney for the judgment
3creditor, setting forth the date and amount of the judgment,
4allowable costs expended, interest accumulated, credits paid
5by or on behalf of the judgment debtor and the balance due the
6judgment creditor, and one copy of a wage deduction notice in
7substantially the following form:
8
"WAGE DEDUCTION NOTICE
9    (Name and address of Court)
10    Name of Case:  (Name of Judgment Creditor),
11        Judgment Creditor v.
12        (Name of Judgment Debtor),
13        Judgment Debtor.
14    Address of Judgment Debtor:  (Insert last known address)
15    Name and Address of Attorney for Judgment
16    Creditor or of Judgment Creditor (if no
17    attorney is listed):  (Insert name and address)
18    Amount of Judgment:  $..........
19    Employer:  (Name of Employer)
20    Return Date:  (Insert return date specified in summons)
21NOTICE: The court shall be asked to issue a wage deduction
22summons against the employer named above for wages due or about
23to become due to you. The wage deduction summons may be issued
24on the basis of a judgment against you in favor of the judgment
25creditor in the amount stated above.
26    The amount of wages that may be deducted is limited by

 

 

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1federal and Illinois law.
2        (1) Under Illinois law, the amount of wages that may be
3    deducted is limited to the lesser of (i) 15% of gross
4    weekly wages or (ii) the amount by which disposable
5    earnings for a week exceed the total of 45 times the
6    federal minimum hourly wage or, under a wage deduction
7    summons served on or after January 1, 2006, the minimum
8    hourly wage prescribed by Section 4 of the Minimum Wage
9    Law, whichever is greater.
10        (2) Under federal law, the amount of wages that may be
11    deducted is limited to the lesser of (i) 25% of disposable
12    earnings for a week or (ii) the amount by which disposable
13    earnings for a week exceed 30 times the federal minimum
14    hourly wage.
15        (3) Pension and retirement benefits and refunds may be
16    claimed as exempt from wage deduction under Illinois law.
17        (4) Under Illinois law, the court may enter an order
18    reducing the amount of wages withheld and reducing the rate
19    of interest a judgment debtor is obligated to pay on the
20    judgment, if the court finds that the judgment debtor is a
21    "family supporter" and the full wage deduction would result
22    in a denial of necessities to the judgment debtor's
23    dependent.
24    You have the right to request a hearing before the court to
25dispute the wage deduction because either the wages are exempt
26or you are a "family supporter" and are requesting (1) a

 

 

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1reduction in the amount of the wage deduction because the full
2wage deduction would result in a denial of necessities to your
3dependent or (2) a reduction in the interest rate on the
4judgment if the court determines that you are a family
5supporter and entitled to relief taking into consideration the
6needs of your dependent and your ability to meet those needs.
7"Dependent" means a child under the age of 18 who resides with
8and is supported by the judgment debtor or a disabled person
9who resides with and is supported by the judgment debtor and
10whose relationship with the judgment debtor is that of parent,
11stepparent, son, daughter, sibling, uncle, aunt, grandparent,
12or ward. You are a "family supporter" if you actually support
13and reside with a child under the age of 18 or you reside with
14and support a disabled person who is your parent, stepparent,
15son, daughter, sibling, uncle, aunt, grandparent, or ward. To
16obtain a hearing in counties with a population of 1,000,000 or
17more, you must notify the Clerk of the Court in person and in
18writing at (insert address of Clerk) before the Return Date
19specified above or appear in court on the date and time on that
20Return Date. To obtain a hearing in counties with a population
21of less than 1,000,000, you must notify the Clerk of the Court
22in writing at (insert address of clerk) on or before the Return
23Date specified above. The Clerk of the Court will provide a
24hearing date and the necessary forms that must be prepared by
25you or your attorney and sent to the judgment creditor and the
26employer, or their attorney, regarding the time and location of

 

 

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1the hearing. This notice may be sent by regular first class
2mail."
3    (a-5) This subsection (a-5) is inoperative through
4December 31, 2013 and is operative on and after January 1,
52014. Upon the filing by a judgment creditor, its attorney or
6other designee of (1) an affidavit that the affiant believes
7any person is indebted to the judgment debtor for wages due or
8to become due, as provided in Part 8 of Article XII of this
9Act, and includes the last address of the judgment debtor known
10to the affiant as well as the name of the judgment debtor, and
11a certification by the judgment creditor or his attorney that,
12before filing the affidavit, the wage deduction notice has been
13mailed to the judgment debtor by first class mail at the
14judgment debtor's last known address, and (2) written
15interrogatories to be answered by the employer with respect to
16the indebtedness, the clerk of the court in which the judgment
17was entered shall issue summons against the person named in the
18affidavit as employer commanding the employer to appear in the
19court and answer the interrogatories in writing under oath. The
20interrogatories shall elicit all the information necessary to
21determine the proper amount of non-exempt wages. The
22interrogatories shall require that the employer certify that a
23copy of the completed interrogatories as specified in
24subsection (c) of Section 12-808 has been mailed or hand
25delivered to the judgment debtor and shall be in a form
26consistent with local court rules. The summons shall further

 

 

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1command federal agency employers, upon effective service of
2summons pursuant to 5 USC 5520a, to commence to pay over
3deducted wages in accordance with Section 12-808. The summons
4shall be in a form consistent with local court rules. The
5summons shall be accompanied by a copy of the underlying
6judgment or a certification by the clerk of the court that
7entered the judgment, or by the attorney for the judgment
8creditor, setting forth the date and amount of the judgment,
9allowable costs expended, interest accumulated, credits paid
10by or on behalf of the judgment debtor and the balance due the
11judgment creditor, and one copy of a wage deduction notice in
12substantially the following form:
13
"WAGE DEDUCTION NOTICE
14    (Name and address of Court)
15    Name of Case:  (Name of Judgment Creditor),
16        Judgment Creditor v.
17        (Name of Judgment Debtor),
18        Judgment Debtor.
19    Address of Judgment Debtor:  (Insert last known address)
20    Name and Address of Attorney for Judgment
21    Creditor or of Judgment Creditor (if no
22    attorney is listed):  (Insert name and address)
23    Amount of Judgment:  $..........
24    Employer:  (Name of Employer)
25    Return Date:  (Insert return date specified in summons)
26NOTICE: The court shall be asked to issue a wage deduction

 

 

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1summons against the employer named above for wages due or about
2to become due to you. The wage deduction summons may be issued
3on the basis of a judgment against you in favor of the judgment
4creditor in the amount stated above.
5    The amount of wages that may be deducted is limited by
6federal and Illinois law.
7        (1) Under Illinois law, the amount of wages that may be
8    deducted is limited to the lesser of (i) 15% of gross
9    weekly wages or (ii) the amount by which disposable
10    earnings for a week exceed the total of 45 times the
11    federal minimum hourly wage or, under a wage deduction
12    summons served on or after January 1, 2006, the minimum
13    hourly wage prescribed by Section 4 of the Minimum Wage
14    Law, whichever is greater.
15        (2) Under federal law, the amount of wages that may be
16    deducted is limited to the lesser of (i) 25% of disposable
17    earnings for a week or (ii) the amount by which disposable
18    earnings for a week exceed 30 times the federal minimum
19    hourly wage.
20        (3) Pension and retirement benefits and refunds may be
21    claimed as exempt from wage deduction under Illinois law.
22    You have the right to request a hearing before the court to
23dispute the wage deduction because the wages are exempt. To
24obtain a hearing in counties with a population of 1,000,000 or
25more, you must notify the Clerk of the Court in person and in
26writing at (insert address of Clerk) before the Return Date

 

 

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1specified above or appear in court on the date and time on that
2Return Date. To obtain a hearing in counties with a population
3of less than 1,000,000, you must notify the Clerk of the Court
4in writing at (insert address of clerk) on or before the Return
5Date specified above. The Clerk of the Court will provide a
6hearing date and the necessary forms that must be prepared by
7you or your attorney and sent to the judgment creditor and the
8employer, or their attorney, regarding the time and location of
9the hearing. This notice may be sent by regular first class
10mail."
11    (b) This subsection (b) is operative through December 31,
122013 and is inoperative on and after January 1, 2014. In a
13county with a population of less than 1,000,000, unless
14otherwise provided by circuit court rule, at the request of the
15judgment creditor or his or her attorney and instead of
16personal service, service of a summons for a wage deduction may
17be made as follows:
18        (1) For each employer to be served, the judgment
19    creditor or his or her attorney shall pay to the clerk of
20    the court a fee of $2, plus the cost of mailing, and
21    furnish to the clerk an original and one copy of a summons,
22    an original and one copy of the interrogatories and an
23    affidavit setting forth the employer's mailing address, an
24    original and one copy of the wage deduction notice required
25    by subsection (a) of this Section, and a copy of the
26    judgment or certification described in subsection (a) of

 

 

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1    this Section. The original judgment shall be retained by
2    the clerk.
3        (2) The clerk shall mail to the employer, at the
4    address appearing in the affidavit, the copy of the
5    judgment or certification described in subsection (a) of
6    this Section, the summons, the interrogatories, and the
7    wage deduction notice required by subsection (a) of this
8    Section, by certified or registered mail, return receipt
9    requested, showing to whom delivered and the date and
10    address of delivery. This Mailing shall be mailed on a
11    "restricted delivery" basis when service is directed to a
12    natural person. The envelope and return receipt shall bear
13    the return address of the clerk, and the return receipt
14    shall be stamped with the docket number of the case. The
15    receipt for certified or registered mail shall state the
16    name and address of the addressee, the date of the mailing,
17    shall identify the documents mailed, and shall be attached
18    to the original summons.
19        (3) The return receipt must be attached to the original
20    summons and, if it shows delivery at least 3 days before
21    the return date, shall constitute proof of service of any
22    documents identified on the return receipt as having been
23    mailed.
24        (4) The clerk shall note the fact of service in a
25    permanent record.
26    (b-5) This subsection (b-5) is inoperative through

 

 

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1December 31, 2013 and is operative on and after January 1,
22014. In a county with a population of less than 1,000,000,
3unless otherwise provided by circuit court rule, at the request
4of the judgment creditor or his or her attorney and instead of
5personal service, service of a summons for a wage deduction may
6be made as follows:
7        (1) For each employer to be served, the judgment
8    creditor or his or her attorney shall pay to the clerk of
9    the court a fee of $2, plus the cost of mailing, and
10    furnish to the clerk an original and one copy of a summons,
11    an original and one copy of the interrogatories and an
12    affidavit setting forth the employer's mailing address, an
13    original and one copy of the wage deduction notice required
14    by subsection (a-5) of this Section, and a copy of the
15    judgment or certification described in subsection (a-5) of
16    this Section. The original judgment shall be retained by
17    the clerk.
18        (2) The clerk shall mail to the employer, at the
19    address appearing in the affidavit, the copy of the
20    judgment or certification described in subsection (a-5) of
21    this Section, the summons, the interrogatories, and the
22    wage deduction notice required by subsection (a-5) of this
23    Section, by certified or registered mail, return receipt
24    requested, showing to whom delivered and the date and
25    address of delivery. This Mailing shall be mailed on a
26    "restricted delivery" basis when service is directed to a

 

 

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1    natural person. The envelope and return receipt shall bear
2    the return address of the clerk, and the return receipt
3    shall be stamped with the docket number of the case. The
4    receipt for certified or registered mail shall state the
5    name and address of the addressee, the date of the mailing,
6    shall identify the documents mailed, and shall be attached
7    to the original summons.
8        (3) The return receipt must be attached to the original
9    summons and, if it shows delivery at least 3 days before
10    the return date, shall constitute proof of service of any
11    documents identified on the return receipt as having been
12    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
16deduction may be served and returned in the manner provided by
17Supreme Court rule for service, otherwise than by publication,
18of a notice for additional relief upon a party in default.
19(Source: P.A. 94-306, eff. 1-1-06.)
 
20    (735 ILCS 5/12-808)  (from Ch. 110, par. 12-808)
21    Sec. 12-808. Duty of employer.
22    (a) An employer served as herein provided shall pay the
23employee the amount of his or her exempt wages.
24    (b) To the extent of the amount due upon the judgment and
25costs, the employer shall hold, subject to order of court, any

 

 

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1non-exempt wages due or which subsequently come due. The
2judgment or balance due thereon is a lien on wages due at the
3time of the service of summons, and such lien shall continue as
4to subsequent earnings until the total amount due upon the
5judgment and costs is paid, except that such lien on subsequent
6earnings shall terminate sooner if the employment relationship
7is terminated or if the underlying judgment is vacated or
8modified.
9    (b-5) If the employer is a federal agency employer and the
10creditor is represented by an attorney, then the employer, upon
11service of summons and to the extent of the amount due upon the
12judgment and costs, shall commence to pay over to the attorney
13for the judgment creditor any non-exempt wages due or that
14subsequently come due. The attorney for the judgment creditor
15shall thereafter hold the deducted wages subject to further
16order of the court and shall make answer to the court regarding
17amounts received from the federal agency employer. The federal
18agency employer's periodic payments shall be considered a
19sufficient answer to the interrogatories.
20    (c) Except as provided in subsection (b-5), the employer
21shall file, on or before the return date or within the further
22time that the court for cause may allow, a written answer under
23oath to the interrogatories, setting forth the amount due as
24wages to the judgment debtor for the payroll periods ending
25immediately prior to the service of the summons and a summary
26of the computation used to determine the amount of non-exempt

 

 

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1wages. Except as provided in subsection (b-5), the employer
2shall mail by first class mail or hand deliver a copy of the
3answer to the judgment debtor at the address specified in the
4affidavit filed under Section 12-805 of this Act, or at any
5other address or location of the judgment debtor known to the
6employer.
7    A lien obtained hereunder shall have priority over any
8subsequent lien obtained hereunder, except that liens for the
9support of a spouse or dependent children shall have priority
10over all other liens obtained hereunder. Subsequent summonses
11shall be effective in the order in which they are served.
12    (d) The Illinois Supreme Court may by rule allow an
13employer to file answers to interrogatories by facsimile
14transmission.
15    (e) Pursuant to answer under oath to the interrogatories by
16the employer, an order shall be entered compelling the employer
17to deduct from wages of the judgment debtor subject to
18collection under a deduction order an amount which is the
19lesser of (i) 15% of the gross amount of the wages or (ii) the
20amount by which disposable earnings for a week exceed 45 times
21the Federal Minimum Hourly Wage prescribed by Section 206(a)(1)
22of Title 29 of the United States Code, as amended, in effect at
23the time the amounts are payable, for each pay period in which
24statutory exemptions under Section 12-804 and child support
25garnishments, if any, leave funds to be remitted or, under a
26wage deduction summons served on or after January 1, 2006, the

 

 

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1minimum hourly wage prescribed by Section 4 of the Minimum Wage
2Law, whichever is greater. The order shall further provide that
3deducted wages shall be remitted to the creditor or creditor's
4attorney on a monthly basis.
5    (f) If after the entry of a deduction order, the employer
6ceases to remit funds to the plaintiff pursuant to the order
7without a lawful excuse (which would terminate the employer's
8obligation under the deduction order such as the debtor having
9filed a bankruptcy, the debtor having left employment or the
10employer having received service of a support order against the
11judgment debtor having priority over the wage deduction
12proceedings), the court shall, upon plaintiff's motion, enter a
13conditional judgment against the employer for the balance due
14on the judgment. The plaintiff may then issue a Summons After
15Conditional Judgment. After service of the Summons After
16Conditional Judgment, the employer may show cause why the
17conditional judgment, or some portion thereof should not be
18made a final judgment. If the employer shall fail to respond or
19show cause why the conditional judgment or some portion thereof
20should not be made final, the court shall confirm the
21conditional judgment and make it final as to the employer plus
22additional court costs.
23    (g) This subsection (g) is operative through December 31,
242013 and is inoperative on and after January 1, 2014.
25Notwithstanding any other provision, the court may enter an
26order reducing the amount of wages withheld, if the court finds

 

 

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1that the judgment debtor is a family supporter and the full
2wage deduction would result in a denial of necessities to his
3or her dependent. The term "family supporter" means an
4individual who actually supports and resides with one or more
5dependents. The term "dependent" means a child under the age of
618 who resides with and is supported by the judgment debtor or
7a disabled person who resides with and is supported by the
8judgment debtor and whose relationship with the judgment debtor
9is that of parent, stepparent, son, daughter, sibling, uncle,
10aunt, grandparent, or ward.
11(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
 
12    (735 ILCS 5/12-811)  (from Ch. 110, par. 12-811)
13    Sec. 12-811. Trial and judgment.
14    (a) The judgment creditor or the judgment debtor may
15contest the truth or sufficiency of the employer's answer and,
16in accordance with local court rules, the court shall
17immediately, unless for good cause the hearing is postponed,
18proceed to try the issues. The answer of the employer may be
19contested without further pleading.
20    (b) This subsection (b) is operative through December 31,
212013 and is inoperative on and after January 1, 2014. At any
22time on or before the return date, the judgment debtor may
23request a hearing to dispute the wage deduction because the
24wages are exempt or to reduce the amount of wages withheld
25because the judgment debtor is a family supporter under this

 

 

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1Section by notifying the clerk of court before that time, using
2forms as may be provided by the clerk of the court. To obtain a
3hearing in counties with a population of 1,000,000 or more, the
4judgment debtor must notify the clerk of court in person and in
5writing at the clerk's office before the return date specified
6in the summons or appear in court on the date and time
7specified in the summons. To obtain a hearing in counties with
8a population of less than 1,000,000, the judgment debtor must
9notify the clerk of the court in writing at the clerk's office
10on or before the return date specified in the summons. The
11Clerk of Court will provide a hearing date and the necessary
12forms that must be prepared by the judgment debtor or the
13attorney for the judgment debtor and sent to the judgment
14creditor and the employer, or their attorney, regarding the
15time and location of the hearing. This notice may be sent by
16regular first class mail. At the hearing the court shall
17immediately, unless for good cause the hearing is continued,
18proceed to try the issues.
19    (b-5) This subsection (b-5) is inoperative through
20December 31, 2013 and is operative on and after January 1,
212014. At any time on or before the return date, the judgment
22debtor may request a hearing to dispute the wage deduction
23because the wages are exempt by notifying the clerk of court
24before that time, using forms as may be provided by the clerk
25of the court. To obtain a hearing in counties with a population
26of 1,000,000 or more, the judgment debtor must notify the clerk

 

 

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1of court in person and in writing at the clerk's office before
2the return date specified in the summons or appear in court on
3the date and time specified in the summons. To obtain a hearing
4in counties with a population of less than 1,000,000, the
5judgment debtor must notify the clerk of the court in writing
6at the clerk's office on or before the return date specified in
7the summons. The Clerk of Court will provide a hearing date and
8the necessary forms that must be prepared by the judgment
9debtor or the attorney for the judgment debtor and sent to the
10judgment creditor and the employer, or their attorney,
11regarding the time and location of the hearing. This notice may
12be sent by regular first class mail. At the hearing the court
13shall immediately, unless for good cause the hearing is
14continued, proceed to try the issues.
15    (b-10) This subsection (b-10) is operative through
16December 31, 2013 and is inoperative on and after January 1,
172014. Notwithstanding any other provision, the court may enter
18an order reducing the amount of wages withheld and reduce the
19rate of interest the judgment debtor is obligated to pay on the
20judgment, if the court finds that the judgment debtor is a
21family supporter and the full wage deduction would result in a
22denial of necessities to his or her dependent. For purposes of
23this Section:
24        (1) "family supporter" means an individual who
25    actually supports and resides with one or more dependents;
26    and

 

 

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1        (2) "dependent" means a child under the age of 18 who
2    resides with and is supported by the judgment debtor or a
3    disabled person who resides with and is supported by the
4    judgment debtor and whose relationship with the judgment
5    debtor is that of parent, stepparent, son, daughter,
6    sibling, uncle, aunt, grandparent, or ward.
7    (c) The trial shall be conducted as in other civil cases.
8    (d) If the finding is against an employer, a deduction
9order shall be entered against the employer and in favor of the
10judgment debtor to whom the employer is indebted, in the same
11manner as if the facts are admitted.
12    (e) No deduction order shall be entered in favor of the
13judgment creditor unless the affidavit filed by the judgment
14creditor certifies that a copy of the wage deduction notice has
15been mailed to the judgment debtor, under Section 12-805, and
16the employer's answer provides a summary of the computation
17used to determine the amount of non-exempt wages. If the
18employer is a federal agency employer, a deduction order shall
19be entered in favor of the judgment creditor if (i) the
20affidavit filed by the judgment creditor certifies that a copy
21of the wage deduction notice has been mailed to the judgment
22debtor under Section 12-805 and (ii) the federal agency
23employer identifies, on or with its periodic payments made
24under subsection (b-5) of Section 12-808, the computation
25method used to determine the amount of non-exempt wages. A
26federal agency employer shall not be required to provide a

 

 

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1summary of the computation used to determine the amount of
2non-exempt wages.
3(Source: P.A. 89-28, eff. 6-23-95.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2012.