[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1640
735 ILCS 5/12-716 from Ch. 110, par. 12-716
735 ILCS 5/12-814 from Ch. 110, par. 12-814
Amends the Code of Civil Procedure. Provides that the
costs of obtaining a garnishment order or wage deduction
order, to be charged to the judgment debtor, include
attorney's fees.
LRB9011587DJbd
LRB9011587DJbd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 12-716 and 12-814.
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 12-716 and 12-814 as follows:
7 (735 ILCS 5/12-716) (from Ch. 110, par. 12-716)
8 Sec. 12-716. Costs and fees.
9 (a) The costs of obtaining a garnishment order,
10 including attorney's fees, shall be charged to the judgment
11 debtor, unless the court determines, in its discretion, that
12 costs incurred by the judgment creditor were improperly
13 incurred, in which case those costs shall be paid by the
14 judgment creditor.
15 (b) No fee shall be paid by a garnishee for filing his,
16 her or its appearance, answer or satisfaction of judgment
17 against him, her or it.
18 (c) No fee shall be paid to a garnishee at the time of
19 service of the garnishment summons or at any time thereafter,
20 unless he or she is subpoenaed to appear as a witness, in
21 which case he or she is entitled to witness fees as in other
22 civil cases.
23 (Source: P.A. 87-1252.)
24 (735 ILCS 5/12-814) (from Ch. 110, par. 12-814)
25 Sec. 12-814. Costs and fees.
26 (a) The costs of obtaining a deduction order, including
27 attorney's fees, shall be charged to the judgment debtor,
28 unless the court determines, in its discretion, that costs
29 incurred by the judgment creditor were improperly incurred,
30 in which case those costs shall be paid by the judgment
-2- LRB9011587DJbd
1 creditor.
2 (b) No fee shall be paid by an employer for filing his
3 or her appearance, answer or satisfaction of judgment against
4 him or her.
5 (c) A fee consisting of the greater of $12 or 2% of the
6 amount required to be deducted by any deduction order or
7 series of deduction orders arising out of the same judgment
8 debt shall be allowed and paid to the employer, and the
9 amount so paid shall be charged to the judgment debtor.
10 (d) No other fee shall be paid to an employer at the
11 time of service of the summons or at any other time
12 thereafter unless he or she is subpoenaed to appear as a
13 witness, in which case he or she is entitled to witness fees
14 as in other civil cases.
15 (Source: P.A. 87-569.)