Full Text of SB1712 94th General Assembly
SB1712eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 12-803 and 12-808 as follows:
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| (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
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| Sec. 12-803. Wages
Maximum wages subject to collection. The | 8 |
| maximum wages,
salary, commissions and bonuses subject to | 9 |
| collection under a deduction
order, for any work week shall be
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| not exceed the lesser of (1) 15% of such
gross amount paid for | 11 |
| that week or (2) the amount by which disposable
earnings for a | 12 |
| week exceed 45 times the Federal Minimum Hourly Wage
prescribed | 13 |
| by Section 206(a)(1) of Title 29 of the United States Code, as
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| amended, in effect at the time the amounts are payable. This | 15 |
| provision
(and no other) applies irrespective of the place | 16 |
| where the compensation was
earned or payable and the State | 17 |
| where the employee resides. No amounts
required by law to be | 18 |
| withheld may be taken from the amount collected by
the | 19 |
| creditor. The term "disposable earnings" means that part of the
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| earnings of any individual remaining after the deduction from | 21 |
| those
earnings of any amounts required by law to be withheld.
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| (Source: P.A. 87-569.)
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| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
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| Sec. 12-808. Duty of employer.
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| (a) An employer served as herein provided shall pay the
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| employee the amount of his or her exempt wages.
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| (b) To the extent of the amount due upon the judgment and | 28 |
| costs, the
employer shall hold, subject to order of court, any | 29 |
| non-exempt wages due or
which subsequently come due. The | 30 |
| judgment or balance due thereon is
a lien on wages due at the | 31 |
| time of the service of summons, and such lien
shall continue as |
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| to subsequent earnings until the total amount due upon
the | 2 |
| judgment and costs is paid, except that such lien on subsequent
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| earnings shall terminate sooner if the employment relationship | 4 |
| is
terminated or if the underlying judgment is vacated or | 5 |
| modified.
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| (b-5) If the employer is a federal agency employer and the | 7 |
| creditor is
represented by an attorney, then the employer, upon | 8 |
| service of summons and to
the extent of the amount due upon the | 9 |
| judgment and costs, shall commence to pay
over to the attorney | 10 |
| for the judgment creditor any non-exempt wages due or that
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| subsequently come due. The attorney for the judgment creditor | 12 |
| shall thereafter
hold the deducted wages subject to further | 13 |
| order of the court and shall make
answer to the court regarding | 14 |
| amounts received from the federal agency
employer. The federal | 15 |
| agency employer's periodic payments shall be considered
a | 16 |
| sufficient answer to the interrogatories.
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| (c) Except as provided in subsection (b-5),
the employer | 18 |
| shall file, on or before the return date or within the
further | 19 |
| time that the court for cause may allow, a written answer under
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| oath to the interrogatories, setting forth the amount due as | 21 |
| wages to
the judgment debtor for the payroll periods ending | 22 |
| immediately prior to the service of the summons and a summary | 23 |
| of the
computation used to determine the amount of non-exempt | 24 |
| wages. Except as
provided in subsection (b-5), the
employer | 25 |
| shall mail by first class mail or hand deliver a copy of the
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| answer to the judgment debtor at the address specified in the | 27 |
| affidavit
filed under Section 12-805 of this Act, or at any | 28 |
| other address or location
of the judgment debtor known to the | 29 |
| employer.
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| A lien obtained hereunder shall have priority over any | 31 |
| subsequent
lien obtained hereunder, except that liens for the | 32 |
| support of a spouse
or dependent children shall have priority | 33 |
| over all other liens obtained
hereunder. Subsequent summonses | 34 |
| shall be effective in the order in which they are served.
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| (d) The Illinois Supreme Court may by rule allow an | 36 |
| employer to file
answers to interrogatories by facsimile |
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| transmission.
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| (e) Pursuant to answer under oath to the interrogatories by | 3 |
| the employer,
an order shall be entered compelling the employer | 4 |
| to deduct from wages of the
judgment debtor subject to | 5 |
| collection under a deduction order an amount which is
not to
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| exceed the lesser of (i) 15% of the gross amount of the wages | 7 |
| or (ii) the
amount by which disposable earnings for a week | 8 |
| exceed 45 times the Federal
Minimum Hourly Wage prescribed by | 9 |
| Section 206(a)(1) of Title 29 of the United
States Code, as | 10 |
| amended, in effect at the time the amounts are payable, for
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| each pay period in which statutory exemptions under Section | 12 |
| 12-804 and child
support garnishments, if any, leave funds to | 13 |
| be remitted. The order shall
further provide that deducted | 14 |
| wages shall be remitted to the creditor or
creditor's attorney | 15 |
| on a monthly basis.
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| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
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