Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0191


 

Public Act 0191 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0191
 
SB0181 EnrolledLRB101 05292 LNS 50306 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1402, 12-705, 12-706, 12-806, and 12-807 as
follows:
 
    (735 ILCS 5/2-1402)  (from Ch. 110, par. 2-1402)
    Sec. 2-1402. Citations to discover assets Supplementary
proceedings.
    (a) A judgment creditor, or his or her successor in
interest when that interest is made to appear of record, is
entitled to prosecute citations to discover assets
supplementary proceedings for the purposes of examining the
judgment debtor or any other person to discover assets or
income of the debtor not exempt from the enforcement of the
judgment, a deduction order or garnishment, and of compelling
the application of non-exempt assets or income discovered
toward the payment of the amount due under the judgment. A
citation supplementary proceeding shall be commenced by the
service of a citation issued by the clerk. The procedure for
conducting citation supplementary proceedings shall be
prescribed by rules. It is not a prerequisite to the
commencement of a supplementary proceeding that a certified
copy of the judgment has been returned wholly or partly
unsatisfied. All citations issued by the clerk shall have the
following language, or language substantially similar thereto,
stated prominently on the front, in capital letters: "IF YOU
FAIL TO APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE
ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN
THE COUNTY JAIL." The court shall not grant a continuance of
the citation supplementary proceeding except upon good cause
shown.
    (b) Any citation served upon a judgment debtor or any other
person shall include a certification by the attorney for the
judgment creditor or the judgment creditor setting forth the
amount of the judgment, the date of the judgment, or its
revival date, the balance due thereon, the name of the court,
and the number of the case, and a copy of the citation notice
required by this subsection. Whenever a citation is served upon
a person or party other than the judgment debtor, the officer
or person serving the citation shall send to the judgment
debtor, within three business days of the service upon the
cited party, a copy of the citation and the citation notice,
which may be sent by regular first-class mail to the judgment
debtor's last known address. In no event shall a citation
hearing be held sooner than five business days after the
mailing of the citation and citation notice to the judgment
debtor, except by agreement of the parties. The citation notice
need not be mailed to a corporation, partnership, or
association. The citation notice shall be in substantially the
following form:
"CITATION 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 Person Receiving Citation: (Insert name)
        Court Date and Time: (Insert return date and time
            specified in citation)
    NOTICE: The court has issued a citation against the person
named above. The citation directs that person to appear in
court to be examined for the purpose of allowing the judgment
creditor to discover income and assets belonging to the
judgment debtor or in which the judgment debtor has an
interest. The citation was issued on the basis of a judgment
against the judgment debtor in favor of the judgment creditor
in the amount stated above. On or after the court date stated
above, the court may compel the application of any discovered
income or assets toward payment on the judgment.
    The amount of income or assets that may be applied toward
the judgment is limited by federal and Illinois law. The
JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
ABOVE:
        (1) 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; worker's compensation benefits;
    veteran's 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.
        (2) Under Illinois law, every person is entitled to an
    estate in homestead, when it is owned and occupied as a
    residence, to the extent in value of $15,000, which
    homestead is exempt from judgment.
        (3) Under Illinois law, the amount of wages that may be
    applied toward a judgment 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 Illinois
    minimum hourly wage, whichever is greater.
        (4) Under federal law, the amount of wages that may be
    applied toward a judgment 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.
        (5) Pension and retirement benefits and refunds may be
    claimed as exempt under Illinois law.
    The judgment debtor may have other possible exemptions
under the law.
    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
judgment debtor also has the right to seek a declaration at an
earlier date, by notifying the clerk in writing at (insert
address of clerk). When so notified, the Clerk of the Court
will obtain a prompt hearing date from the court and will
provide 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 judgment creditor's
attorney regarding the time and location of the hearing. This
notice may be sent by regular first class mail."
    (b-1) Any citation served upon a judgment debtor who is a
natural person shall be served by personal service or abode
service as provided in Supreme Court Rule 105 and shall include
a copy of the Income and Asset Form set forth in subsection
(b-5).
    (b-5) The Income and Asset Form required to be served by
the judgment creditor in subsection (b-1) shall be in
substantially the following form:
 
INCOME AND ASSET FORM
        To Judgment Debtor: Please complete this form and bring
    it with you to the hearing referenced in the enclosed
    citation notice. You should also bring to the hearing any
    documents you have to support the information you provide
    in this form, such as pay stubs and account statements. The
    information you provide will help the court determine
    whether you have any property or income that can be used to
    satisfy the judgment entered against you in this matter.
    The information you provide must be accurate to the best of
    your knowledge.
        If you fail to appear at this hearing, you could be
    held in contempt of court and possibly arrested.
        In answer to the citation and supplemental proceedings
    served upon the judgment debtor, he or she answers as
    follows:
 
        Name:.....................
        Home Phone Number:.................
        Home Address:....................
        Date of Birth:......................
        Marital Status:.....................
        I have.........dependents.
        Do you have a job? YES NO
        Company's name I work for:......................
        Company's address:..............................
 
        Job:
            I earn $....... per.......
            If self employed, list here your business name and
        address:
            .............................................
            Income from self employment is $......... per
        year.
            I have the following benefits with my employer:
            .............................................
        I do not have a job, but I support myself through:
            Government Assistance $........ per month
            Unemployment $........ per month
            Social Security $........ per month
            SSI $........ per month
            Pension $........ per month
            Other $........ per month
        Real Estate:
        Do you own any real estate? YES NO
        I own real estate at.........., with names of other
    owners
        .................................................
        Additional real estate I own:....................
        I have a beneficial interest in a land trust. The name
    and address of the trustee is:............. The beneficial
    interest is listed in my name and........................
        There is a mortgage on my real estate. State the
    mortgage company's name and address for each parcel of real
    estate owned:
        .................................................
        An assignment of beneficial interest in the land trust
    was signed to secure a loan from.........................
        I have the following accounts:
            Checking account at ..........;
              account balance $......
            Savings account at ..........;
              account balance $......
            Money market or certificate of deposit at....
            Safe deposit box at..........................
            Other accounts (please identify):............
        I own:
            A vehicle (state year, make, model, and VIN):.
            Jewelry (please specify):....................
        Other property described as:......................
            Stocks/Bonds.....................
            Personal computer................
            DVD player.......................
            Television.......................
            Stove.......................
            Microwave.......................
            Work tools.......................
            Business equipment.......................
            Farm equipment.......................
            Other property (please specify):
            .............................................
        Signature:....................
    (b-10) Any action properly initiated under this Section may
proceed notwithstanding an absent or incomplete Income and
Asset Form, and a judgment debtor may be examined for the
purpose of allowing the judgment creditor to discover income
and assets belonging to the judgment debtor or in which the
judgment debtor has an interest.
    (c) When assets or income of the judgment debtor not exempt
from the satisfaction of a judgment, a deduction order or
garnishment are discovered, the court may, by appropriate order
or judgment:
        (1) Compel the judgment debtor to deliver up, to be
    applied in satisfaction of the judgment, in whole or in
    part, money, choses in action, property or effects in his
    or her possession or control, so discovered, capable of
    delivery and to which his or her title or right of
    possession is not substantially disputed.
        (2) Compel the judgment debtor to pay to the judgment
    creditor or apply on the judgment, in installments, a
    portion of his or her income, however or whenever earned or
    acquired, as the court may deem proper, having due regard
    for the reasonable requirements of the judgment debtor and
    his or her family, if dependent upon him or her, as well as
    any payments required to be made by prior order of court or
    under wage assignments outstanding; provided that the
    judgment debtor shall not be compelled to pay income which
    would be considered exempt as wages under the Wage
    Deduction Statute. The court may modify an order for
    installment payments, from time to time, upon application
    of either party upon notice to the other.
        (3) Compel any person cited, other than the judgment
    debtor, to deliver up any assets so discovered, to be
    applied in satisfaction of the judgment, in whole or in
    part, when those assets are held under such circumstances
    that in an action by the judgment debtor he or she could
    recover them in specie or obtain a judgment for the
    proceeds or value thereof as for conversion or
    embezzlement. A judgment creditor may recover a corporate
    judgment debtor's property on behalf of the judgment debtor
    for use of the judgment creditor by filing an appropriate
    petition within the citation proceedings.
        (4) Enter any order upon or judgment against the person
    cited that could be entered in any garnishment proceeding.
        (5) Compel any person cited to execute an assignment of
    any chose in action or a conveyance of title to real or
    personal property or resign memberships in exchanges,
    clubs, or other entities in the same manner and to the same
    extent as a court could do in any proceeding by a judgment
    creditor to enforce payment of a judgment or in aid of the
    enforcement of a judgment.
        (6) Authorize the judgment creditor to maintain an
    action against any person or corporation that, it appears
    upon proof satisfactory to the court, is indebted to the
    judgment debtor, for the recovery of the debt, forbid the
    transfer or other disposition of the debt until an action
    can be commenced and prosecuted to judgment, direct that
    the papers or proof in the possession or control of the
    debtor and necessary in the prosecution of the action be
    delivered to the creditor or impounded in court, and
    provide for the disposition of any moneys in excess of the
    sum required to pay the judgment creditor's judgment and
    costs allowed by the court.
    (c-5) If a citation is directed to a judgment debtor who is
a natural person, no payment order shall be entered under
subsection (c) unless the Income and Asset Form was served upon
the judgment debtor as required by subsection (b-1), the
judgment debtor has had an opportunity to assert exemptions,
and the payments are from non-exempt sources.
    (d) No order or judgment shall be entered under subsection
(c) in favor of the judgment creditor unless there appears of
record a certification of mailing showing that a copy of the
citation and a copy of the citation notice was mailed to the
judgment debtor as required by subsection (b).
    (d-5) If upon examination the court determines that the
judgment debtor does not possess any non-exempt income or
assets, then the citation shall be dismissed.
    (e) All property ordered to be delivered up shall, except
as otherwise provided in this Section, be delivered to the
sheriff to be collected by the sheriff or sold at public sale
and the proceeds thereof applied towards the payment of costs
and the satisfaction of the judgment. If the judgment debtor's
property is of such a nature that it is not readily delivered
up to the sheriff for public sale or if another method of sale
is more appropriate to liquidate the property or enhance its
value at sale, the court may order the sale of such property by
the debtor, third party respondent, or by a selling agent other
than the sheriff upon such terms as are just and equitable. The
proceeds of sale, after deducting reasonable and necessary
expenses, are to be turned over to the creditor and applied to
the balance due on the judgment.
    (f)(1) The citation may prohibit the party to whom it is
directed from making or allowing any transfer or other
disposition of, or interfering with, any property not exempt
from the enforcement of a judgment therefrom, a deduction order
or garnishment, belonging to the judgment debtor or to which he
or she may be entitled or which may thereafter be acquired by
or become due to him or her, and from paying over or otherwise
disposing of any moneys not so exempt which are due or to
become due to the judgment debtor, until the further order of
the court or the termination of the proceeding, whichever
occurs first. The third party may not be obliged to withhold
the payment of any moneys beyond double the amount of the
balance due sought to be enforced by the judgment creditor. The
court may punish any party who violates the restraining
provision of a citation as and for a contempt, or if the party
is a third party may enter judgment against him or her in the
amount of the unpaid portion of the judgment and costs
allowable under this Section, or in the amount of the value of
the property transferred, whichever is lesser.
    (2) The court may enjoin any person, whether or not a party
to the citation supplementary proceeding, from making or
allowing any transfer or other disposition of, or interference
with, the property of the judgment debtor not exempt from the
enforcement of a judgment, a deduction order or garnishment, or
the property or debt not so exempt concerning which any person
is required to attend and be examined until further direction
in the premises. The injunction order shall remain in effect
until vacated by the court or until the proceeding is
terminated, whichever first occurs.
    (g) If it appears that any property, chose in action,
credit or effect discovered, or any interest therein, is
claimed by any person, the court shall, as in garnishment
proceedings, permit or require the claimant to appear and
maintain his or her right. The rights of the person cited and
the rights of any adverse claimant shall be asserted and
determined pursuant to the law relating to garnishment
proceedings.
    (h) Costs in proceedings authorized by this Section shall
be allowed, assessed and paid in accordance with rules,
provided that if the court determines, in its discretion, that
costs incurred by the judgment creditor were improperly
incurred, those costs shall be paid by the judgment creditor.
    (i) This Section is in addition to and does not affect
enforcement of judgments or citation proceedings supplementary
thereto, by any other methods now or hereafter provided by law.
    (j) This Section does not grant the power to any court to
order installment or other payments from, or compel the sale,
delivery, surrender, assignment or conveyance of any property
exempt by statute from the enforcement of a judgment thereon, a
deduction order, garnishment, attachment, sequestration,
process or other levy or seizure.
    (k) (Blank).
    (k-3) The court may enter any order upon or judgment
against the respondent cited that could be entered in any
garnishment proceeding under Part 7 of Article XII of this
Code. This subsection (k-3) shall be construed as being
declarative of existing law and not as a new enactment.
    (k-5) If the court determines that any property held by a
third party respondent is wages pursuant to Section 12-801, the
court shall proceed as if a wage deduction proceeding had been
filed and proceed to enter such necessary and proper orders as
would have been entered in a wage deduction proceeding
including but not limited to the granting of the statutory
exemptions allowed by Section 12-803 and all other remedies
allowed plaintiff and defendant pursuant to Part 8 of Article
12 of this Act.
    (k-10) If a creditor discovers personal property of the
judgment debtor that is subject to the lien of a citation to
discover assets, the creditor may have the court impress a lien
against a specific item of personal property, including a
beneficial interest in a land trust. The lien survives the
termination of the citation proceedings and remains as a lien
against the personal property in the same manner that a
judgment lien recorded against real property pursuant to
Section 12-101 remains a lien on real property. If the judgment
is revived before dormancy, the lien shall remain. A lien
against personal property may, but need not, be recorded in the
office of the recorder or filed as an informational filing
pursuant to the Uniform Commercial Code.
    (l) At any citation hearing at which the judgment debtor
appears and seeks a declaration that certain of his or her
income or assets are exempt, the court shall proceed to
determine whether the property which the judgment debtor
declares to be exempt is exempt from judgment. At any time
before the return date specified on the citation, the judgment
debtor may request, in writing, a hearing to declare exempt
certain income and assets by notifying the clerk of the court
before that time, using forms as may be provided by the clerk
of the court. The clerk of the court will obtain a prompt
hearing date from the court and will provide the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor, or the judgment creditor's attorney, 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 shown that the hearing is to
be continued, shall proceed to determine whether the property
which the judgment debtor declares to be exempt is exempt from
judgment. The restraining provisions of subsection (f) shall
not apply to any property determined by the court to be exempt.
    (m) The judgment or balance due on the judgment becomes a
lien when a citation is served in accordance with subsection
(a) of this Section. The lien binds nonexempt personal
property, including money, choses in action, and effects of the
judgment debtor as follows:
        (1) When the citation is directed against the judgment
    debtor, upon all personal property belonging to the
    judgment debtor in the possession or control of the
    judgment debtor or which may thereafter be acquired or come
    due to the judgment debtor to the time of the disposition
    of the citation.
        (2) When the citation is directed against a third
    party, upon all personal property belonging to the judgment
    debtor in the possession or control of the third party or
    which thereafter may be acquired or come due the judgment
    debtor and comes into the possession or control of the
    third party to the time of the disposition of the citation.
    The lien established under this Section does not affect the
rights of citation respondents in property prior to the service
of the citation upon them and does not affect the rights of
bona fide purchasers or lenders without notice of the citation.
The lien is effective for the period specified by Supreme Court
Rule.
    This subsection (m), as added by Public Act 88-48, is a
declaration of existing law.
    (n) If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity of that
provision or application does not affect the provisions or
applications of the Act that can be given effect without the
invalid provision or application.
    (o) The changes to this Section made by this amendatory Act
of the 97th General Assembly apply only to citation
supplementary proceedings commenced under this Section on or
after the effective date of this amendatory Act of the 97th
General Assembly. The requirements or limitations set forth in
subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply
to the enforcement of any order or judgment resulting from an
adjudication of a municipal ordinance violation that is subject
to Supreme Court Rules 570 through 579, or from an
administrative adjudication of such an ordinance violation.
(Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12;
98-557, eff. 1-1-14.)
 
    (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 30 days after the date of issuance. Summons with one
copy 4 copies 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.
        (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.
        (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.
        (4) The clerk shall note the fact of service in a
    permanent record.
    (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. 98-557, eff. 1-1-14; 99-78, eff. 7-20-15.)
 
    (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 returnable in the same manner as provided in Section
12-705 of this Act, 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. 83-707.)
 
    (735 ILCS 5/12-806)  (from Ch. 110, par. 12-806)
    Sec. 12-806. Service and return of summons. Summons shall
be returnable not less than 21 nor more than 40 days after the
date of issuance. Summons with one copy 4 copies of the
interrogatories and one copy of the judgment or certification
and one copy of the wage deduction notice specified in Section
12-805 of this Act shall be served on the employer and returned
as in other civil cases as provided by Illinois Supreme Court
Rule 105 for service, otherwise than by publication, of a
notice for additional relief upon a party in default.
    If the employer is served with summons less than 3 days
prior to the return date, the court shall continue the case to
a new return date not less than 21 days after the service of
the summons.
(Source: P.A. 90-677, eff. 1-1-99.)
 
    (735 ILCS 5/12-807)  (from Ch. 110, par. 12-807)
    Sec. 12-807. Failure of employer to appear. (a) If an
employer fails to appear and answer as required by Part 8 of
Article XII of this Act, the court may enter a conditional
judgment against the employer for the amount due upon the
judgment against the judgment debtor. A summons to confirm the
conditional judgment may issue against the employer returnable
not less than 21 nor more than 40 30 days after the date of
issuance, commanding the employer to show cause why the
judgment should not be made final. Service of the summons after
conditional judgment shall be as provided by Supreme Court Rule
105 for service, otherwise than by publication, of a notice for
additional relief upon a party in default. If the employer,
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 employer appears and
answers, the same proceedings may be had as in other cases.
    (b) If an employer 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 employer 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. 86-603.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2019