(735 ILCS 5/12-805)
(from Ch. 110, par. 12-805)
(a) Upon the filing by a judgment creditor, its attorney or other designee
of (1) an affidavit that the affiant believes any person is indebted to the
judgment debtor for wages due or to become due, as provided in Part 8 of
Article XII of this Act, and includes the last address of the judgment
debtor known to the affiant as well as the name of the judgment debtor, and
a certification by the judgment creditor or his attorney that, before
filing the affidavit, the wage deduction notice has been mailed to the
judgment debtor by first class mail at the judgment debtor's last known
address, and (2) written interrogatories to be answered by the employer
with respect to the indebtedness, the clerk of the court in which the
judgment was entered shall issue summons against the person named in the
affidavit as employer commanding the employer to appear in the court and
answer the interrogatories in writing under oath. The interrogatories shall
elicit all the information necessary to determine the proper amount of
non-exempt wages. The interrogatories shall require that the employer
certify that a copy of the completed interrogatories as specified in
subsection (c) of Section 12-808 has been mailed or hand delivered to the
judgment debtor and shall be in a form consistent with local court rules.
The summons shall further command federal agency employers, upon effective
service of summons pursuant to 5 USC 5520a, to commence to pay over deducted
wages in accordance with Section 12-808.
The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by
the attorney for the judgment creditor, setting forth the date and amount
allowable costs expended, interest accumulated, credits paid by or on behalf
of the judgment debtor and the balance due the judgment creditor, and one copy of
a wage deduction notice in substantially the following form:
"WAGE DEDUCTION NOTICE
(Name and address of Court)
Name of Case: (Name of Judgment Creditor),
Judgment Creditor v.
(Name of Judgment Debtor),
Address of Judgment Debtor: (Insert last known address)
Name and Address of Attorney for Judgment
Creditor or of Judgment Creditor (if no
attorney is listed): (Insert name and address)
Amount of Judgment: $..........
Employer: (Name of Employer)
Return Date: (Insert return date specified in summons)
NOTICE: The court shall be asked to issue a wage deduction summons against
the employer named above for wages due or about to become due to you.
The wage deduction summons may be issued on the basis of a judgment against
you in favor of the judgment creditor in the amount stated above.
The amount of wages that may be deducted is limited by federal and
(1) Under Illinois law, the amount of wages that may
be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage 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.
(2) Under federal law, the amount of wages that may
be deducted is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
(3) Pension and retirement benefits and refunds may
be claimed as exempt from wage deduction under Illinois law.
You have the right to request a hearing before the court
to dispute the wage deduction because the wages are exempt. To obtain a
hearing in counties with a population of 1,000,000 or more, you
must notify the Clerk of the Court in person and in writing at (insert
address of Clerk) before the Return Date specified above or appear
in court on the date and time on that Return Date. To obtain a
hearing in counties with a population of less than 1,000,000, you
must notify the Clerk of the Court in writing at (insert address of
clerk) on or before the Return Date specified above.
The Clerk of the Court will provide a hearing date and the necessary
forms that must be prepared by you or your attorney 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."
(b) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for a
wage deduction may be made as follows:
(1) For each employer to be served, the judgment
creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and one copy of a summons, an original and one copy of the interrogatories and an affidavit setting forth the employer's mailing address, an original and one copy of the wage deduction notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section. The original judgment shall be retained by the clerk.
(2) The clerk shall mail to the employer, at the
address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the wage deduction notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery. This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person. The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case. The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.
(3) The return receipt must be attached to the
original summons and, if it shows delivery at least 3 days before the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
(4) The clerk shall note the fact of service in a
(c) Instead of personal service, a summons for a wage deduction may
be served and returned in the manner provided by Supreme Court rule for
service, otherwise than by publication, of a notice for additional relief upon
party in default.
(Source: P.A. 94-306, eff. 1-1-06.)