90th General Assembly
Summary of HB3790
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Short description: 
CIV PRO-WAGE DEDUCTN-INTERROGS                                             

Synopsis of Bill as introduced:
        Amends the "enforcement of judgments"  Article  of  the  Code  of      
   Civil  Procedure.  Makes changes concerning wage deductions.  Requires      
   that judgment creditor file an affidavit stating the number of  84-day      
   periods  of withholding of the judgment debtor's non-exempt wages that      
   the judgment creditor reasonably believes will be necessary  in  order      
   to  secure payment in full of the total amount due on the judgment and      
   costs, and provides for service on judgment  debtor's  employer  of  4      
   copies  of interrogatories for each such 84-day period.  Provides that      
   judgment is a lien on judgment debtor's wages until total  amount  due      
   is  paid  (now,  until that time or until expiration of the employer's      
   payroll period ending immediately before  84  days  after  service  of      
   summons,  whichever  occurs first).  Provides that upon the expiration      
   of an 84-day period of withholding of the judgment debtor's non-exempt      
   wages, a new such 84-day period shall begin unless  otherwise  ordered      
   by  the  court.  Requires that the employer file written answers under      
   oath to the interrogatories for each  such  succeeding  84-day  period      
   until  ordered  by  the  court to stop holding non-exempt wages of the      
   judgment debtor.                                                            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          735 ILCS 5/12-808.5 new                                              
        Deletes  everything.   Amends  the  "enforcement  of   judgments"      
   Article of the Code of Civil Procedure to make changes concerning wage      
   deductions.   Changes  items that must be set forth in a certification      
   accompanying a wage deduction summons and provides for  service  of  a      
   wage  deduction  summons in the same manner as a notice for additional      
   relief may be served on a party in default.  Shortens the time  period      
   within  which a wage deduction summons is returnable.  Provides for an      
   order compelling an employer to deduct from a judgment debtor's  wages      
   an  amount  not to exceed the lesser of 15% of the gross amount of the      
   wages or the amount by which disposable earnings for a week exceed  45      
   times  the  federal  minimum wage.  Provides for a judgment creditor's      
   certification of judgment balance.  Makes other changes.                    
Last action on Bill: PUBLIC ACT.............................. 90-0677

   Last action date: 98-07-31

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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