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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 5/12-705
(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
Sec. 12-705. Summons.
(a) Summons shall be returnable not less than 21 nor more than 40 days after
the date of issuance. Summons with one copy of the interrogatories shall be
served and returned as in other civil cases. If the garnishee is served with
summons less than 10 days prior to the return date, the court shall continue
the case to a new return date 14 days after the return date stated on the
summons. 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 amount of the judgment,
the name of the court and the number of the case and one copy of a garnishment
notice in substantially the following form:
"GARNISHMENT NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), 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: $(Insert amount) Name of Garnishee: (Insert name) Return Date: (Insert return date specified in summons)
NOTICE: The court has issued a garnishment summons against the garnishee
named above for money or property (other than wages) belonging to the
judgment debtor or in which the judgment debtor has an interest. The
garnishment summons was issued on the basis of a judgment against the
judgment debtor in favor of the judgment creditor in the amount stated above.
The amount of money or property (other than wages) that may be garnished
is limited by federal and Illinois law. The judgment debtor has the right
to assert statutory exemptions against certain money or property of the
judgment debtor which may not be used to satisfy the judgment in the amount
stated above.
Under Illinois or federal law, the exemptions of personal property owned
by the debtor include the debtor's equity interest, not to exceed $4,000
in
value, in any personal property as chosen by the debtor; Social Security
and SSI benefits; public assistance benefits; unemployment compensation
benefits; workers' compensation benefits; veterans' benefits; circuit
breaker property tax relief benefits; the debtor's equity interest, not to
exceed $2,400
in value, in any one motor vehicle, and the debtor's equity
interest, not to exceed $1,500
in value, in any implements, professional
books or tools of the trade of the debtor.
The judgment debtor may have other possible exemptions from garnishment
under the law.
The judgment debtor has the right to request a hearing before the court
to dispute the garnishment or to declare exempt from garnishment certain
money or property or both. To obtain a hearing in counties with a
population of 1,000,000 or more, the judgment debtor 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, the judgment debtor 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 the judgment debtor or
the attorney for the judgment debtor and sent to the judgment creditor and the
garnishee regarding the time and location of the hearing. This notice may be
sent by regular first class mail."
(b) An officer or other person authorized by law to serve process shall
serve the summons, interrogatories and the garnishment notice required by
subsection (a) of this Section upon the garnishee and shall, (1) within 2
business days of the service upon the garnishee, mail a copy of the
garnishment notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the garnishment notice
and (2) within 4 business days of the service upon the garnishee file with
the clerk of the court a certificate of mailing in substantially the following
form:
"CERTIFICATE OF MAILING
I hereby certify that, within 2 business days of service upon the
garnishee of the garnishment summons, interrogatories and garnishment
notice, I served upon the judgment debtor in this cause a copy of the
garnishment summons and garnishment notice by first class mail to the
judgment debtor's address as indicated in the garnishment notice.
Date:............ .........................
Signature"
In the case of service of the summons for garnishment upon the garnishee
by certified or registered mail, as provided in subsection (c) of this Section,
no sooner than 2 business days nor later than 4 business days after the date of
mailing, the clerk shall mail a copy of the garnishment notice and the summons
to the judgment debtor by first class mail at the judgment debtor's address
indicated in the garnishment notice, shall prepare the Certificate of Mailing
described by this subsection, and shall include the Certificate of Mailing in a
permanent record.
(c) 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
garnishment may be made as follows:
(1) For each garnishee 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 2 copies of a summons, an original and one copy of the interrogatories, an affidavit setting forth the garnishee's mailing address, an original and 2 copies of the garnishment 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.
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(2) The clerk shall mail to the garnishee, 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 garnishment 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.
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(3) The return receipt must be attached to the
| | original summons and, if it shows delivery at least 10 days before the day for the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
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(4) The clerk shall note the fact of service in a
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(d) The garnishment summons 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 a party in default.
(Source: P.A. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-706
(735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
Sec. 12-706. Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer
as required by Part 7 of Article XII
of this Act, the court may enter a conditional judgment
against the garnishee for the amount due upon the judgment against the
judgment debtor. A summons to confirm the conditional judgment may issue
against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the
judgment should not be made final. If the garnishee, after being served
with summons to confirm the conditional judgment or after being notified
as provided in subsection (b) hereof, fails to appear and answer, the
court shall confirm such judgment to the amount of the judgment against
the judgment debtor and award costs. If the garnishee appears and
answers, the same proceedings may be had as in other cases.
(b) If any garnishee becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the garnishee may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in the same
manner as if he or she had been personally served with summons to confirm the
conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)
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735 ILCS 5/12-707
(735 ILCS 5/12-707) (from Ch. 110, par. 12-707)
Sec. 12-707.
Duties of garnishee.
(a) To the extent of the amount due upon the judgment and costs, the
garnishee shall hold, subject to the order of the court any non-exempt
indebtedness or other non-exempt property in his or her possession, custody
or control belonging to the judgment debtor or in which the
judgment debtor has any interest. The judgment or balance due thereon becomes
a lien on the indebtedness and other property held by the
garnishee at the time of the service of garnishment summons and remains
a lien thereon pending the garnishment proceeding.
(b) The garnishee shall file, on or before the return date, or
within the further time that the court for cause may allow, a written
answer under oath to the interrogatories, setting forth as of the date
of service of the garnishment summons any indebtedness due or to
become due to the judgment debtor and any other property in his, her or its
possession, custody or control belonging to the judgment debtor or in which
the judgment debtor has an interest. The garnishee shall mail, by first class
mail, a copy of the answer to the judgment creditor or its attorney and to the
judgment debtor at the address specified in the affidavit filed under Section
12-701 of this Act, or at any other address or location of the judgment debtor
known to the garnishee, and shall certify in the answer that it was so mailed
to the judgment debtor.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-708
(735 ILCS 5/12-708) (from Ch. 110, par. 12-708)
Sec. 12-708.
Deductions and set-offs of garnishee.
The garnishee is entitled to assert against the indebtedness due to the
judgment debtor offsetting claims against either or both the judgment
creditor and the judgment debtor, whether due at the time of service
of the garnishment summons or thereafter to become due and whether
liquidated or unliquidated, except claims for unliquidated damages for
actions sounding in tort. To the extent that other property
belonging to the judgment debtor or in which the judgment debtor has
an interest is pledged to or held by the garnishee in good faith as
security or that the garnishee has other just claim against the
other property, the garnishee is entitled to retain the other property.
The garnishee is liable for the balance of the indebtedness due to the
judgment debtor after the offsetting claims are adjusted and for
the balance of other property after deducting property to which the
garnishee has just claim. The verdict or finding and judgment shall show
the amount of offsetting claims or deductions allowed against each
party.
(Source: P.A. 83-707.)
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735 ILCS 5/12-709
(735 ILCS 5/12-709) (from Ch. 110, par. 12-709)
Sec. 12-709.
Negotiable paper.
No person shall be liable as a garnishee by reason of having drawn,
accepted, made or endorsed a negotiable instrument in the possession of the
judgment debtor at the time of either (1) service of the garnishment summons
or (2) entry of judgment when the negotiable instrument is not due.
(Source: P.A. 82-280.)
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735 ILCS 5/12-710
(735 ILCS 5/12-710) (from Ch. 110, par. 12-710)
Sec. 12-710. Adverse claims; Trial.
(a) In the event any indebtedness or other property due from or in the
possession of a garnishee 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 as the court shall direct.
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
garnishment 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, the judgment debtor, and the garnishee, he or she is then a
party to the garnishment proceeding; and his or her claim shall be tried and
determined with the other issues in the garnishment action. Upon certification
by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) that a person who is receiving
support payments under this Section is a public aid recipient, any support
payments subsequently received by the clerk of the court shall be transmitted
to the Department until the Department gives notice to
cease such transmittal. 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 interests of the parties.
(c) Claims for the support of a spouse or dependent children shall
be superior to all other claims for garnishment of property.
(Source: P.A. 95-331, eff. 8-21-07.)
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735 ILCS 5/12-711
(735 ILCS 5/12-711) (from Ch. 110, par. 12-711)
Sec. 12-711.
Contest of answer and trial.
(a) The judgment creditor or the judgment debtor may contest the
truth or sufficiency of the garnishee's answer and the court shall immediately,
unless for good cause the hearing is postponed, proceed to try the issues. The
answer of the garnishee shall be considered denied without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the garnishment or to seek exemptions for
certain moneys or property by notifying the clerk of the 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 the 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 the court
will provide a prompt 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 garnishee, or their attorneys,
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 or verdict is against a garnishee, appropriate judgment
or other orders shall be entered against the garnishee and in favor
of the judgment debtor to whom the garnishee is indebted, or for whom
the garnishee holds property, for the use of the judgment creditor, in
the same manner as if the facts are admitted.
(e) No garnishment order shall be entered in favor of the judgment
creditor unless the certificate of mailing required by subsection (b) of
Section 12-705 is filed and the garnishee's answer to the
interrogatories certifies that a copy of the answer was mailed to the
judgment debtor in accordance with Section 12-707 of this Act.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-712
(735 ILCS 5/12-712) (from Ch. 110, par. 12-712)
Sec. 12-712.
Effect of judgment - Discharge no bar.
Judgment against a garnishee shall be enforceable as in other civil
cases and shall discharge the garnishee of all claims by the judgment
debtor for the indebtedness or other property paid, delivered or
accounted for by the garnishee by virtue of the judgment in garnishment.
The discharge of a garnishee is no bar to an action by the judgment
debtor for the same claim.
(Source: P.A. 82-280.)
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735 ILCS 5/12-713
(735 ILCS 5/12-713) (from Ch. 110, par. 12-713)
Sec. 12-713.
No judgment until debt due.
If the debt from the garnishee to the judgment debtor is not due,
judgment shall not be entered against the garnishee until the debt is
due, either by the terms of the agreement giving rise thereto or by
acceleration as therein provided.
(Source: P.A. 82-280.)
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735 ILCS 5/12-714
(735 ILCS 5/12-714) (from Ch. 110, par. 12-714)
Sec. 12-714.
Property surrendered in enforcement of a judgment and disposition thereof.
(a) A garnishee having property other than money belonging to the
judgment debtor, which the garnishee is obligated to deliver to the
judgment debtor, shall deliver to the officer holding a certified copy of
the judgment for the enforcement thereof against
the judgment debtor so much thereof as is necessary to satisfy
the amount due upon the judgment and costs.
(b) If mortgaged or pledged property is in the possession of a garnishee,
or property is held for the payment of a debt to the garnishee, the
judgment creditor may, under order of court, pay or tender the amount
due to the garnishee; and the garnishee shall thereupon deliver the
property to the officer holding the certified copy of the judgment for the
enforcement thereof against the judgment
debtor.
(c) Nothing contained in Part 7 of Article XII of this Act shall be
construed to prevent the
garnishee from selling property in his or her possession for the payment of claims
for which it is mortgaged, pledged or otherwise held at any time before
the amount due to the garnishee is paid or tendered, if the sale would be
authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the
payment of money, and if the promise, condition or other act to be
performed can be performed by the judgment creditor without damage to
other parties, the court may permit performance by the judgment
creditor. Upon performance, or a tender of performance, by the judgment
creditor the garnishee shall deliver the property to the officer holding
the certified copy of the judgment for the enforcement thereof against the
judgment debtor.
(e) Property received by an officer as described in this Section
shall be sold in the same manner as if levied upon for the satisfaction
of a judgment for the payment of money and
from the proceeds of sale the officer shall repay the judgment creditor
the amount paid the garnishee for the redemption, with interest, or
shall indemnify the judgment creditor for acts done or performed
pursuant to order of court in the redemption.
(Source: P.A. 83-707.)
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735 ILCS 5/12-715
(735 ILCS 5/12-715) (from Ch. 110, par. 12-715)
Sec. 12-715.
Refusal or neglect of garnishee to deliver property.
If a garnishee refuses or neglects to deliver property in his or her possession
when ordered by the court or upon request by the officer holding a certified
copy of the judgment for enforcement thereof
against the judgment debtor, the garnishee may be attached and
punished for contempt; or the court may enter judgment against the garnishee
for the value of
the property or the amount due upon the judgment and costs, whichever is the
lesser, and have same enforced against the garnishee.
(Source: P.A. 82-280.)
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735 ILCS 5/12-716
(735 ILCS 5/12-716) (from Ch. 110, par. 12-716)
Sec. 12-716.
Costs and fees.
(a) The costs of obtaining a garnishment 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 a garnishee for filing his, her or its
appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of
the garnishment summons or at any 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. 87-1252.)
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735 ILCS 5/12-717
(735 ILCS 5/12-717) (from Ch. 110, par. 12-717)
Sec. 12-717.
Death of garnishee and procedure thereafter.
Upon the death of a garnishee, 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 5/12-718
(735 ILCS 5/12-718) (from Ch. 110, par. 12-718)
Sec. 12-718.
Powers of court.
If the garnishee has in his or her possession, custody or control any
property belonging to the defendant or which he or she is obligated to deliver
to the defendant, with or without condition, the court may enter all
proper orders for the delivery thereof to the proper officer,
the sale or disposition of the same, and the discharging of any lien
thereon, and may authorize the garnishee to collect any indebtedness
or to sell any other property and account for the proceeds. The
court, when necessary to further the purposes and provisions of Part 7
of Article XII of this
Act, may compel the judgment debtor to do or to refrain from doing any
specific act or deed; or the court may appoint a receiver to
collect any indebtedness or to take possession, sell or otherwise
dispose of any other property, and enter all orders in regard thereto
which are necessary and equitable between the parties.
(Source: P.A. 83-707.)
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735 ILCS 5/12-719
(735 ILCS 5/12-719) (from Ch. 110, par. 12-719)
Sec. 12-719.
Transfer of interest by heir or legatee.
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 garnishment, unless (1) prior to the service of
garnishment 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/Art. XII Pt. 8
(735 ILCS 5/Art. XII Pt. 8 heading)
Part 8.
Wage Deductions
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735 ILCS 5/12-801
(735 ILCS 5/12-801) (from Ch. 110, par. 12-801)
Sec. 12-801.
Definitions.
As used in Part 8 of Article XII of this Act:
"Deduction order" means an order entered pursuant to Section 12-811 of
this Act.
"Employer" means the person named as employer in the affidavit filed
under Section 12-805.
"Federal agency employer" means an agency of the federal government as
defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a
judgment by confession which has not been confirmed as provided in Part
8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other
compensation owed by an employer to a judgment debtor.
(Source: P.A. 89-28, eff. 6-23-95.)
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735 ILCS 5/12-802
(735 ILCS 5/12-802) (from Ch. 110, par. 12-802)
Sec. 12-802.
Force and effect of order.
A deduction order entered under
Part 8 of Article XII of this Act shall have the force
and effect and be enforceable as a judgment.
(Source: P.A. 82-280.)
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735 ILCS 5/12-803
(735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
Sec. 12-803. Wages subject to collection. The wages,
salary, commissions and bonuses subject to collection under a deduction
order, for any work week shall be the lesser of (1) 15% of such
gross amount paid for that week or (2) the amount by which disposable
earnings for a week exceed 45 times the Federal Minimum Hourly Wage
prescribed by Section 206(a)(1) of Title 29 of the United States Code, as
amended, 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, in effect at the time the amounts are payable. This provision
(and no other) applies irrespective of the place where the compensation was
earned or payable and the State where the employee resides. No amounts
required by law to be withheld may be taken from the amount collected by
the creditor. The term "disposable earnings" means that part of the
earnings of any individual remaining after the deduction from those
earnings of any amounts required by law to be withheld.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
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735 ILCS 5/12-804
(735 ILCS 5/12-804) (from Ch. 110, par. 12-804)
Sec. 12-804.
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87-1252.)
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735 ILCS 5/12-805
(735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
Sec. 12-805. Summons; Issuance.
(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
of the
judgment,
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), 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
Illinois law.
(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.
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(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.
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(3) Pension and retirement benefits and refunds may
| | be claimed as exempt from wage deduction under Illinois law.
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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.
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(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.
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(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.
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(4) The clerk shall note the fact of service in a
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(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
a
party in default.
(Source: P.A. 94-306, eff. 1-1-06.)
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