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SB1752 Enrolled |
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LRB094 10620 LCB 40957 b |
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Sections 2-1402, 12-803, 12-805, and 12-808 as |
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| follows:
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| (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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| Sec. 2-1402. Supplementary proceedings.
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| (a) A judgment creditor, or his or her successor in |
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| interest when that
interest is made to appear of record, is |
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| entitled to prosecute supplementary
proceedings for the |
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| purposes of examining the judgment debtor or any other
person |
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| to discover assets or income of the debtor not exempt from the
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| enforcement of the judgment, a deduction order or garnishment, |
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| and of
compelling the application of non-exempt assets or |
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| income discovered toward the
payment of the amount due under |
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| the judgment. A supplementary proceeding shall
be commenced by |
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| the service of a citation issued by the clerk. The procedure
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| for conducting supplementary proceedings shall be prescribed |
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| by rules. It is
not a prerequisite to the commencement of a |
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| supplementary proceeding that a
certified copy of the judgment |
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| has been returned wholly or partly unsatisfied.
All citations |
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| issued by the clerk shall have the following language, or
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| language substantially similar thereto, stated prominently on |
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| the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT |
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| AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT |
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| BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, |
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| WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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| The court shall not grant a continuance of the supplementary |
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| proceeding except
upon good cause shown.
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| (b) Any citation served upon a judgment debtor or any other |
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| person shall
include a certification by the attorney for the |
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| judgment creditor or the
judgment creditor setting forth the |
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| amount of the judgment, the date of the
judgment, or its |
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| revival date, the balance due thereon, the name of the court,
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| and the number of the case, and a copy of the citation notice |
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| required by this
subsection. Whenever a citation is served upon |
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| a person or party other than
the judgment debtor, the officer |
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| or person serving the citation shall send to
the judgment |
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| debtor, within three business days of the service upon the |
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| cited
party, a copy of the citation and the citation notice, |
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| which may be sent
by regular first-class mail to the judgment |
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| debtor's last known address. In no
event shall a citation |
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| hearing be held sooner than five business days after the
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| mailing of the citation and citation notice to the judgment |
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| debtor, except by
agreement of the parties. The citation notice |
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| need not be mailed to a
corporation, partnership, or |
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| association. The citation notice shall be in
substantially the |
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| following form:
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| "CITATION NOTICE
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| (Name and address of Court)
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| Name of Case: (Name of Judgment Creditor),
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| Judgment Creditor v.
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| (Name of Judgment Debtor),
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| Judgment Debtor.
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| Address of Judgment Debtor: (Insert last known
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| address)
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| Name and address of Attorney for Judgment
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| Creditor or of Judgment Creditor (If no
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| attorney is listed): (Insert name and address)
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| Amount of Judgment: $ (Insert amount)
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| Name of Person Receiving Citation: (Insert name)
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| Court Date and Time: (Insert return date and time
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| specified in citation)
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| NOTICE: The court has issued a citation against the person |
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| named above. The
citation directs that person to appear in |
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| court to be examined for the purpose
of allowing the judgment |
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| creditor to discover income and assets belonging to
the |
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| judgment debtor or in which the judgment debtor has an |
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| interest. The
citation was issued on the basis of a judgment |
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| against the judgment debtor in
favor of the judgment creditor |
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| in the amount stated above. On or after the
court date stated |
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| above, the court may compel the application of any
discovered |
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| income or assets toward payment on the judgment.
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| The amount of income or assets that may be applied toward |
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| the judgment is
limited by federal and Illinois law. The |
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| JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS |
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| AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH |
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| MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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| ABOVE:
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| (1) Under Illinois or federal law, the exemptions of |
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| personal property
owned by the debtor include the debtor's |
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| equity interest, not to exceed $2,000
in value, in any |
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| personal property as chosen by the debtor; Social Security |
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| and
SSI benefits; public assistance benefits; unemployment |
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| compensation benefits;
worker's compensation benefits; |
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| veteran's benefits; circuit breaker property
tax relief |
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| benefits; the debtor's equity interest, not to exceed |
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| $1,200 in
value, in any one motor vehicle, and the debtor's |
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| equity interest, not to
exceed $750 in value, in any |
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| implements, professional books, or tools of the
trade of |
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| the debtor.
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| (2) Under Illinois law, every person is entitled to an |
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| estate in
homestead, when it is owned and occupied as a |
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| residence, to the extent in value
of $7,500, which |
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| homestead is exempt from judgment.
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| (3) Under Illinois law, the amount of wages that may be |
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| applied toward a
judgment is limited to the lesser of (i) |
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| 15% of gross weekly wages or (ii) the
amount by which |
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| disposable earnings for a week exceed the total of 45 times |
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| the
federal minimum hourly wage or, under a wage deduction |
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| summons served on or after January 1, 2006, the Illinois |
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| minimum hourly wage, whichever is greater .
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| (4) Under federal law, the amount of wages that may be |
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| applied toward a
judgment is limited to the lesser of (i) |
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| 25% of disposable earnings for a week
or (ii) the amount by |
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| which disposable earnings for a week exceed 30 times the
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| federal minimum hourly wage.
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| (5) Pension and retirement benefits and refunds may be |
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| claimed as exempt
under Illinois law.
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| The judgment debtor may have other possible exemptions |
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| under the law.
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| THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING |
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| TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The |
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| judgment debtor also has the right to
seek a declaration at an |
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| earlier date, by notifying the clerk in writing at
(insert |
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| address of clerk). When so notified, the Clerk of the Court |
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| will
obtain a prompt hearing date from the court and will
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| provide the necessary forms that must be prepared by the |
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| judgment debtor or the
attorney for the judgment debtor and |
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| sent to the judgment creditor and the
judgment creditor's |
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| attorney regarding the time and location of the hearing.
This |
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| notice may be sent by regular first class mail."
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| (c) When assets or income of the judgment debtor not exempt |
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| from
the satisfaction of a judgment, a deduction order or |
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| garnishment are
discovered, the court may, by appropriate order |
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| or judgment:
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| (1) Compel the judgment debtor to deliver up, to be |
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| applied in
satisfaction of the judgment, in whole or in |
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| part, money, choses in
action, property or effects in his |
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| or her possession or control, so discovered,
capable of |
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| delivery and to which his or her title or right of |
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| possession is not
substantially disputed.
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| (2) Compel the judgment debtor to pay to the judgment |
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| creditor or
apply on the judgment, in installments, a |
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| portion of his or her income, however
or whenever earned or |
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| acquired, as the court may deem proper, having due
regard |
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| for the reasonable requirements of the judgment debtor and |
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| his or her
family, if dependent upon him or her, as well as |
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| any payments required to be
made by prior order of court or |
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| under wage assignments outstanding; provided
that the |
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| judgment debtor shall not be compelled to pay income which |
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| would be
considered exempt as wages under the Wage |
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| Deduction Statute. The court may
modify an order for |
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| installment payments, from time to time, upon application
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| of either party upon notice to the other.
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| (3) Compel any person cited, other than the judgment |
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| debtor, to
deliver up any assets so discovered, to be |
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| applied in satisfaction of
the judgment, in whole or in |
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| part, when those assets are held under such
circumstances |
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| that in an action by the judgment debtor he or she could |
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| recover
them in specie or obtain a judgment for the |
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| proceeds or value thereof as
for conversion or |
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| embezzlement.
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| (4) Enter any order upon or judgment against the person |
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| cited that
could be entered in any garnishment proceeding.
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| (5) Compel any person cited to execute an assignment of |
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| any chose in
action or a conveyance of title to real or |
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| personal property, in the
same manner and to the same |
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| extent as a court could do in any proceeding
by a judgment |
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| creditor to enforce payment of a judgment or in aid of
the |
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| enforcement of a judgment.
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| (6) Authorize the judgment creditor to maintain an |
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| action against
any person or corporation that, it appears |
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| upon proof satisfactory to
the court, is indebted to the |
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| judgment debtor, for the recovery of the
debt, forbid the |
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| transfer or other disposition of the debt until an
action |
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| can be commenced and prosecuted to judgment, direct that |
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| the
papers or proof in the possession or control of the |
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| debtor and necessary
in the prosecution of the action be |
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| delivered to the creditor or
impounded in court, and |
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| provide for the disposition of any moneys in
excess of the |
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| sum required to pay the judgment creditor's judgment and
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| costs allowed by the court.
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| (d) No order or judgment shall be entered under subsection |
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| (c) in favor of
the judgment creditor unless there appears of |
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LRB094 10620 LCB 40957 b |
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| record a certification of
mailing showing that a copy of the |
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| citation and a copy of the citation notice
was mailed to the |
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| judgment debtor as required by subsection (b).
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| (e) All property ordered to be delivered up shall, except |
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| as
otherwise provided in this Section, be delivered to the |
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| sheriff to be
collected by the sheriff or sold at public sale |
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| and the proceeds thereof
applied towards the payment of costs |
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| and the satisfaction of the judgment.
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| (f) (1) The citation may prohibit the party to whom it is |
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| directed from
making or allowing any transfer or other |
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| disposition of, or interfering with,
any property not |
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| exempt from the enforcement of a judgment therefrom, a
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| deduction order or garnishment, belonging to the judgment |
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| debtor or to which he
or she may be entitled or which may |
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| thereafter be acquired by or become due to
him or her, and |
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| from paying over or otherwise disposing of any moneys not |
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| so
exempt which are due or to become due to the judgment |
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| debtor, until the further
order of the court or the |
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| termination of the proceeding, whichever occurs
first. The |
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| third party may not be obliged to withhold the payment of |
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| any
moneys beyond double the amount of the balance due |
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| sought to be enforced by the
judgment creditor. The court |
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| may punish any party who violates the restraining
provision |
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| of a citation as and for a contempt, or if the party is a |
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| third party
may enter judgment against him or her in the |
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| amount of the unpaid portion of
the judgment and costs |
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| allowable under this Section, or in the amount of the
value |
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| of the property transferred, whichever is lesser.
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| (2) The court may enjoin any person, whether or not a |
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| party to the
supplementary proceeding, from making or |
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| allowing any transfer or other
disposition of, or |
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| interference with, the property of the judgment
debtor not |
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| exempt from the enforcement of a judgment, a deduction |
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| order or
garnishment, or the property or debt not so exempt |
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| concerning which any
person is required to attend and be |
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| examined until further direction in the
premises. The |
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| injunction order shall remain in effect until vacated by |
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| the
court or until the proceeding is terminated, whichever |
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| first occurs.
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| (g) If it appears that any property, chose in action, |
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| credit or
effect discovered, or any interest therein, is |
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| claimed by any person, the court
shall, as in garnishment |
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| proceedings, permit or require the claimant to appear
and |
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| maintain his or her right. The rights of the person cited
and |
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| the rights of any adverse claimant shall be asserted and |
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| determined
pursuant to the law relating to garnishment |
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| proceedings.
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| (h) Costs in proceedings authorized by this Section shall |
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| be
allowed, assessed and paid in accordance with rules, |
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| provided that if the
court determines, in its discretion, that |
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| costs incurred by the judgment
creditor were improperly |
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| incurred, those costs shall be paid by the judgment
creditor.
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| (i) This Section is in addition to and does not affect
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| enforcement of judgments or proceedings supplementary thereto, |
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| by any other
methods now or hereafter provided by law.
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| (j) This Section does not grant the power to any court to |
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| order
installment or other payments from, or compel the sale, |
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| delivery,
surrender, assignment or conveyance of any property |
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| exempt by statute
from the enforcement of a judgment thereon, a |
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| deduction order, garnishment,
attachment, sequestration, |
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| process or other levy or seizure.
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| (k) (Blank).
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| (l) At any citation hearing at which the judgment debtor |
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| appears and seeks
a declaration that certain of his or her |
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| income or assets are exempt, the court
shall proceed to |
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| determine whether the property which the judgment debtor
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| declares to be exempt is exempt from judgment. At any time |
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| before the return
date specified on the citation, the judgment |
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| debtor may request, in writing, a
hearing to declare exempt |
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| certain income and assets by notifying the clerk of
the court |
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| before that time, using forms as may be provided by the clerk |
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| of the
court. The clerk of the court will obtain a prompt |
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| hearing date from the
court and will provide the necessary |
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| forms that must be prepared by the
judgment debtor or the |
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| attorney for the judgment debtor and sent to the
judgment |
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| creditor, or the judgment creditor's attorney, regarding the |
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| time and
location of the hearing. This notice may be sent by |
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| regular first class mail.
At the hearing, the court shall |
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| immediately, unless for good cause shown that
the hearing is to |
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| be continued, shall proceed to determine whether the property
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| which the judgment debtor declares to be exempt is exempt from |
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| judgment. The
restraining provisions of subsection (f) shall |
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| not apply to any property
determined by the court to be exempt.
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| (m) The judgment or balance due on the judgment becomes a |
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| lien when a
citation is served in accordance with subsection |
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| (a) of this Section. The lien
binds nonexempt personal |
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| property, including money, choses in action, and
effects of the |
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| judgment debtor as follows:
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| (1) When the citation is directed against the judgment |
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| debtor, upon all
personal property belonging to the |
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| judgment debtor in the possession or control
of the |
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| judgment debtor or which may thereafter be acquired or come |
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| due to the
judgment debtor to the time of the disposition |
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| of the citation.
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| (2) When the citation is directed against a third |
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| party, upon all personal
property belonging to the judgment |
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| debtor in the possession or control of the
third party or |
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| which thereafter may be acquired or come due the judgment |
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| debtor
and comes into the possession or control of the |
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| third party to the time of the
disposition of the citation.
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| The lien established under this Section does not affect the |
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| rights of
citation respondents in property prior to the service |
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| of the citation upon them
and does not affect the rights of |
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| bona fide purchasers or lenders without
notice of the citation. |
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| The lien is effective for the period specified by
Supreme Court |
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| Rule.
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| This subsection (m), as added by Public Act 88-48, is a |
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| declaration of
existing law.
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| (n) If any provision of this Act or its application to any |
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| person or
circumstance is held invalid, the invalidity of that |
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| provision or application
does not affect the provisions or |
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| applications of the Act that can be given
effect without the |
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| invalid provision or application.
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| (Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff. |
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| 12-2-94;
89-364, eff. 1-1-96.)
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| (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
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| Sec. 12-803. Maximum wages subject to collection. The |
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| maximum wages,
salary, commissions and bonuses subject to |
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| collection under a deduction
order, for any work week shall not |
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| exceed the lesser of (1) 15% of such
gross amount paid for that |
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| week or (2) the amount by which disposable
earnings for a week |
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| exceed 45 times the Federal Minimum Hourly Wage
prescribed by |
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| Section 206(a)(1) of Title 29 of the United States Code, as
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| amended, or, under a wage deduction summons served on or after |
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| January 1, 2006, the minimum hourly wage prescribed by Section |
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| 4 of the Minimum Wage Law, whichever is greater, in effect at |
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| the time the amounts are payable. This provision
(and no other) |
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| applies irrespective of the place where the compensation was
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| earned or payable and the State where the employee resides. No |
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| amounts
required by law to be withheld may be taken from the |
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| amount collected by
the creditor. The term "disposable |
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| earnings" means that part of the
earnings of any individual |
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| remaining after the deduction from those
earnings of any |
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| amounts required by law to be withheld.
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| (Source: P.A. 87-569.)
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| (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
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| Sec. 12-805. Summons; Issuance.
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| (a) Upon the filing by a judgment creditor, its attorney or |
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| other designee
of (1) an affidavit that the affiant believes |
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| any person is indebted to the
judgment debtor for wages due or |
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| to become due, as provided in Part 8 of
Article XII of this |
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| Act, and includes the last address of the judgment
debtor known |
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| to the affiant as well as the name of the judgment debtor, and
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| a certification by the judgment creditor or his attorney that, |
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| before
filing the affidavit, the wage deduction notice has been |
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| mailed to the
judgment debtor by first class mail at the |
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| judgment debtor's last known
address, and (2) written |
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| interrogatories to be answered by the employer
with respect to |
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| the indebtedness, the clerk of the court in which the
judgment |
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| was entered shall issue summons against the person named in the
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| affidavit as employer commanding the employer to appear in the |
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| court and
answer the interrogatories in writing under oath. The |
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| interrogatories shall
elicit all the information necessary to |
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| determine the proper amount of
non-exempt wages. The |
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| interrogatories shall require that the employer
certify that a |
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| copy of the completed interrogatories as specified in
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| subsection (c) of Section 12-808 has been mailed or hand |
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| delivered to the
judgment debtor and shall be in a form |
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| consistent with local court rules.
The summons shall further |
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| command federal agency employers, upon effective
service of |
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| summons pursuant to 5 USC 5520a, to commence to pay over |
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| deducted
wages in accordance with Section 12-808.
The summons |
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| shall be in a form consistent with local court rules. The
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| summons shall be accompanied by a copy of the underlying |
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| judgment or a
certification by the clerk of the court that |
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| entered the judgment, or by
the attorney for the judgment |
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| creditor, setting forth the date and amount
of the
judgment,
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| allowable costs expended, interest accumulated, credits paid |
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| by or on behalf
of the judgment debtor and the balance due the |
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| judgment creditor, and one copy of
a wage deduction notice in |
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| substantially the following form:
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| "WAGE DEDUCTION NOTICE
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| (Name and address of Court)
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| Name of Case: (Name of Judgment Creditor),
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| Judgment Creditor v.
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| (Name of Judgment Debtor),
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| Judgment Debtor.
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| Address of Judgment Debtor: (Insert last known address)
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| Name and Address of Attorney for Judgment
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| Creditor or of Judgment Creditor (if no
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| attorney is listed): (Insert name and address)
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| Amount of Judgment: $..........
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| Employer: (Name of Employer)
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| Return Date: (Insert return date specified in summons)
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| NOTICE: The court shall be asked to issue a wage deduction |
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| summons against
the employer named above for wages due or about |
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| to become due to you.
The wage deduction summons may be issued |
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| on the basis of a judgment against
you in favor of the judgment |
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| creditor in the amount stated above.
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| The amount of wages that may be deducted is limited by |
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| federal and
Illinois law.
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| (1) Under Illinois law, the amount of wages that may be |
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| deducted is
limited to the lesser of (i) 15% of gross |
16 |
| weekly wages or (ii) the amount
by which disposable |
17 |
| earnings for a week exceed the total of 45 times the
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| federal minimum hourly wage or, under a wage deduction |
19 |
| summons served on or after January 1, 2006, the minimum |
20 |
| hourly wage prescribed by Section 4 of the Minimum Wage |
21 |
| Law, whichever is greater .
|
22 |
| (2) Under federal law, the amount of wages that may be |
23 |
| deducted is
limited to the lesser of (i) 25% of disposable |
24 |
| earnings for a week or (ii)
the amount by which disposable |
25 |
| earnings for a week exceed 30 times the
federal minimum |
26 |
| hourly wage.
|
27 |
| (3) Pension and retirement benefits and refunds may be |
28 |
| 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 |
30 |
| dispute the wage deduction because the wages are exempt. To |
31 |
| obtain a
hearing in counties with a population of 1,000,000 or |
32 |
| more, you
must notify the Clerk of the Court in person and in |
33 |
| writing at (insert
address of Clerk) before the Return Date |
34 |
| specified above or appear
in court on the date and time on that |
35 |
| Return Date. To obtain a
hearing in counties with a population |
36 |
| of less than 1,000,000, you
must notify the Clerk of the Court |
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| in writing at (insert address of
clerk) on or before the Return |
2 |
| Date specified above.
The Clerk of the Court will provide a |
3 |
| hearing date and the necessary
forms that must be prepared by |
4 |
| you or your attorney and
sent to the judgment creditor and the |
5 |
| employer, or their attorney,
regarding the time and location of |
6 |
| the hearing. This notice may be sent by
regular first class |
7 |
| mail."
|
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| (b) In a county with a population of less than 1,000,000, |
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| unless otherwise
provided by circuit court rule, at the request |
10 |
| of the judgment creditor or his
or her attorney and instead of |
11 |
| personal service, service of a summons for a
wage deduction may |
12 |
| be made as follows:
|
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| (1) For each employer to be served, the judgment |
14 |
| creditor or his or her
attorney shall pay to the clerk of |
15 |
| the court a fee of $2, plus the cost of
mailing, and |
16 |
| furnish to the clerk an original and one copy of a
summons, |
17 |
| an original and one copy of the interrogatories and an |
18 |
| affidavit
setting forth the employer's mailing address, an |
19 |
| original and one copy of
the wage deduction notice required |
20 |
| by subsection (a) of this Section, and a
copy of the |
21 |
| judgment or certification described in subsection (a) of |
22 |
| this
Section. The original judgment shall be
retained by |
23 |
| the clerk.
|
24 |
| (2) The clerk shall mail to the employer, at the |
25 |
| address appearing in the
affidavit, the copy of the |
26 |
| judgment
or certification described in subsection (a) of |
27 |
| this Section, the summons,
the interrogatories, and the |
28 |
| wage deduction notice required by subsection (a)
of this |
29 |
| Section, by certified or registered mail, return
receipt |
30 |
| requested, showing to whom delivered and the date and |
31 |
| address of
delivery. This Mailing shall be mailed on a |
32 |
| "restricted delivery"
basis when service is directed to a |
33 |
| natural person. The envelope and return
receipt shall bear |
34 |
| the return address of the clerk, and the return receipt
|
35 |
| shall be stamped with the docket number of the case. The |
36 |
| receipt for certified
or registered mail shall state the |
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| name and address of the
addressee, the date of the mailing, |
2 |
| shall identify the documents mailed, and
shall be attached |
3 |
| to the original summons.
|
4 |
| (3) The return receipt must be attached to the original |
5 |
| summons and, if it
shows delivery at least 3 days before |
6 |
| the return date, shall
constitute proof
of service of any |
7 |
| documents identified on the return receipt as having been
|
8 |
| mailed.
|
9 |
| (4) The clerk shall note the fact of service in a |
10 |
| permanent record.
|
11 |
| (c) Instead of personal service, a summons for a wage |
12 |
| deduction may
be served and returned in the manner provided by |
13 |
| Supreme Court rule for
service, otherwise than by publication, |
14 |
| of a notice for additional relief upon
a
party in default.
|
15 |
| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
|
16 |
| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
|
17 |
| Sec. 12-808. Duty of employer.
|
18 |
| (a) An employer served as herein provided shall pay the
|
19 |
| employee the amount of his or her exempt wages.
|
20 |
| (b) To the extent of the amount due upon the judgment and |
21 |
| costs, the
employer shall hold, subject to order of court, any |
22 |
| non-exempt wages due or
which subsequently come due. The |
23 |
| judgment or balance due thereon is
a lien on wages due at the |
24 |
| time of the service of summons, and such lien
shall continue as |
25 |
| to subsequent earnings until the total amount due upon
the |
26 |
| judgment and costs is paid, except that such lien on subsequent
|
27 |
| earnings shall terminate sooner if the employment relationship |
28 |
| is
terminated or if the underlying judgment is vacated or |
29 |
| modified.
|
30 |
| (b-5) If the employer is a federal agency employer and the |
31 |
| creditor is
represented by an attorney, then the employer, upon |
32 |
| service of summons and to
the extent of the amount due upon the |
33 |
| judgment and costs, shall commence to pay
over to the attorney |
34 |
| for the judgment creditor any non-exempt wages due or that
|
35 |
| subsequently come due. The attorney for the judgment creditor |
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| shall thereafter
hold the deducted wages subject to further |
2 |
| order of the court and shall make
answer to the court regarding |
3 |
| amounts received from the federal agency
employer. The federal |
4 |
| agency employer's periodic payments shall be considered
a |
5 |
| sufficient answer to the interrogatories.
|
6 |
| (c) Except as provided in subsection (b-5),
the employer |
7 |
| shall file, on or before the return date or within the
further |
8 |
| time that the court for cause may allow, a written answer under
|
9 |
| oath to the interrogatories, setting forth the amount due as |
10 |
| wages to
the judgment debtor for the payroll periods ending |
11 |
| immediately prior to the service of the summons and a summary |
12 |
| of the
computation used to determine the amount of non-exempt |
13 |
| wages. Except as
provided in subsection (b-5), the
employer |
14 |
| shall mail by first class mail or hand deliver a copy of the
|
15 |
| answer to the judgment debtor at the address specified in the |
16 |
| affidavit
filed under Section 12-805 of this Act, or at any |
17 |
| other address or location
of the judgment debtor known to the |
18 |
| employer.
|
19 |
| A lien obtained hereunder shall have priority over any |
20 |
| subsequent
lien obtained hereunder, except that liens for the |
21 |
| support of a spouse
or dependent children shall have priority |
22 |
| over all other liens obtained
hereunder. Subsequent summonses |
23 |
| shall be effective in the order in which they are served.
|
24 |
| (d) The Illinois Supreme Court may by rule allow an |
25 |
| employer to file
answers to interrogatories by facsimile |
26 |
| transmission.
|
27 |
| (e) Pursuant to answer under oath to the interrogatories by |
28 |
| the employer,
an order shall be entered compelling the employer |
29 |
| to deduct from wages of the
judgment debtor subject to |
30 |
| collection under a deduction order an amount not to
exceed the |
31 |
| lesser of (i) 15% of the gross amount of the wages or (ii) the
|
32 |
| amount by which disposable earnings for a week exceed 45 times |
33 |
| the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) |
34 |
| of Title 29 of the United
States Code, as amended, in effect at |
35 |
| the time the amounts are payable, for
each pay period in which |
36 |
| statutory exemptions under Section 12-804 and child
support |
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| garnishments, if any, leave funds to be remitted or, under a |
2 |
| wage deduction summons served on or after January 1, 2006, the |
3 |
| minimum hourly wage prescribed by Section 4 of the Minimum Wage |
4 |
| Law, whichever is greater . The order shall
further provide that |
5 |
| deducted wages shall be remitted to the creditor or
creditor's |
6 |
| attorney on a monthly basis.
|
7 |
| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
|
8 |
| Section 99. Effective date. This Act takes effect January |
9 |
| 1, 2006.
|