103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2220

 

Introduced 2/10/2023, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.


LRB103 27841 LNS 54219 b

 

 

A BILL FOR

 

SB2220LRB103 27841 LNS 54219 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1402, 2-1602, 12-803, 12-901, 12-904,
612-906, 12-909, 12-910, 12-911, 12-912, 12-1001, and 13-206
7and by adding Section 2-201.5 as follows:
 
8    (735 ILCS 5/2-201.5 new)
9    Sec. 2-201.5. Debtor notice.
10    (a) A summons issued in an action to collect a debt shall
11include a separate notice containing the following language
12printed prominently in large font:
13
"IF YOU OWE A DEBT, YOU MAY BE ABLE TO PROTECT:
14        Your Social Security
15        Your SSI
16        Your Public Benefits including EITC and Child Tax
17Credit Stimulus Payments
18        Your Veterans Benefits
19        Your Retirement Benefits
20        $25,000 in Equity in a Motor Vehicle
21        At least $260,000 In Equity in your Home
22        Up to $15,000 in your Bank Accounts
23
YOU MAY BE ABLE TO STOP:

 

 

SB2220- 2 -LRB103 27841 LNS 54219 b

1        Phone Calls from Debt Collectors
2        Verbal Abuse from Debt Collector
3        Threats from Debt Collectors
4
YOU MAY:
5        Request to Have the Court Review Any Agreement to
6Settle Your Case
7        Ask for a Reasonable Payment Plan
8        Consult with an Attorney of Your Choice to Determine
9Your Rights"
10    (b) The clerk of the court, in consultation with civil
11legal service providers who service the applicable judicial
12circuit, shall compile a list of civil legal service
13providers, including their addresses and telephone numbers,
14and make the list available to the public. The notice in
15subsection (a) shall include the list of civil legal service
16providers compiled by the clerk of the court.
17    (c) The clerk of the court shall cause the notice in
18subsection (a) to be posted in courtrooms or in the hallway in
19front of courtrooms and be available for distribution in all
20courtrooms hearing cases involving debt collection matters.
 
21    (735 ILCS 5/2-1402)  (from Ch. 110, par. 2-1402)
22    Sec. 2-1402. Citations to discover assets.
23    (a) A judgment creditor, or his or her successor in
24interest when that interest is made to appear of record, is
25entitled to prosecute citations to discover assets for the

 

 

SB2220- 3 -LRB103 27841 LNS 54219 b

1purposes of examining the judgment debtor or any other person
2to discover assets or income of the debtor not exempt from the
3enforcement of the judgment, a deduction order or garnishment,
4and of compelling the application of non-exempt assets or
5income discovered toward the payment of the amount due under
6the judgment. A citation proceeding shall be commenced by the
7service of a citation issued by the clerk. The procedure for
8conducting citation proceedings shall be prescribed by rules.
9All citations issued by the clerk shall have the following
10language, or language substantially similar thereto, stated
11prominently on the front, in capital letters: "IF YOU FAIL TO
12APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED
13AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT
14OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE
15COUNTY JAIL." The court shall not grant a continuance of the
16citation proceeding except upon good cause shown.
17    (b) Any citation served upon a judgment debtor or any
18other person shall include a certification by the attorney for
19the judgment creditor or the judgment creditor setting forth
20the amount of the judgment, the date of the judgment, or its
21revival date, the balance due thereon, the name of the court,
22and the number of the case, and a copy of the citation notice
23required by this subsection. Whenever a citation is served
24upon a person or party other than the judgment debtor, the
25officer or person serving the citation shall send to the
26judgment debtor, within three business days of the service

 

 

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1upon the cited party, a copy of the citation and the citation
2notice, which may be sent by regular first-class mail to the
3judgment debtor's last known address. In no event shall a
4citation hearing be held sooner than five business days after
5the mailing of the citation and citation notice to the
6judgment debtor, except by agreement of the parties. The
7citation notice need not be mailed to a corporation,
8partnership, or association. The citation notice shall be in
9substantially the following form:
10
"CITATION NOTICE
11        (Name and address of Court)
12        Name of Case: (Name of Judgment Creditor),
13            Judgment Creditor v.
14            (Name of Judgment Debtor),
15            Judgment Debtor.
16        Address of Judgment Debtor: (Insert last known
17            address)
18        Name and address of Attorney for Judgment
19            Creditor or of Judgment Creditor (If no
20            attorney is listed): (Insert name, and address
21email address, and phone number)
22        Amount of Judgment: $ (Insert amount)
23        Name of Person Receiving Citation: (Insert name)
24        Court Date and Time: (Insert return date and time
25            specified in citation)
26    NOTICE: The court has issued a citation against the person

 

 

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1named above. The citation directs that person to appear in
2court to be examined for the purpose of allowing the judgment
3creditor to discover income and assets belonging to the
4judgment debtor or in which the judgment debtor has an
5interest. The citation was issued on the basis of a judgment
6against the judgment debtor in favor of the judgment creditor
7in the amount stated above. On or after the court date stated
8above, the court may compel the application of any discovered
9income or assets toward payment on the judgment.
10    The amount of income or assets that may be applied toward
11the judgment is limited by federal and Illinois law. The
12JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
13AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR BY
14RESPONDING TO THIS CITATION OR ATTENDING THE COURT HEARING AT
15THE DATE AND TIME ABOVE. INCOME OF ASSETS THE DEBTOR EXEMPTS OR
16WHICH ARE EXEMPT BY LAW WHICH MAY NOT BE USED TO SATISFY THE
17JUDGMENT IN THE AMOUNT STATED ABOVE:
18        (1) Under Illinois or federal law, the exemptions of
19    personal property owned by the debtor include, but are not
20    limited to, the debtor's equity interest, not to exceed
21    $4,000 in value, in any personal property as chosen by the
22    debtor; Social Security and SSI benefits; public
23    assistance benefits; unemployment compensation benefits;
24    worker's compensation benefits; veteran's benefits;
25    circuit breaker property tax relief benefits; the debtor's
26    equity interest, not to exceed $25,000 $2,400 in value, in

 

 

SB2220- 6 -LRB103 27841 LNS 54219 b

1    any one motor vehicle; , and the debtor's equity interest,
2    not to exceed $7,500 $1,500 in value, in any implements,
3    professional books, or tools of the trade of the debtor;
4    and the debtor's equity interest, not to exceed $5,000 in
5    any household good.
6        (2) Under Illinois law, every person is entitled to an
7    estate in homestead, when it is owned and occupied as a
8    residence, to the extent in value of the modern homestead
9    exemption, at least $260,000 $15,000, which homestead is
10    exempt from judgment.
11        (3) Under Illinois law, the amount of wages that may
12    be applied toward a judgment is limited to the lesser of
13    (i) 10% 15% of gross weekly wages or (ii) the amount by
14    which disposable earnings for a week exceed the total of
15    80 45 times the State minimum hourly wage or the federal
16    minimum hourly wage or, under a wage deduction summons
17    served on or after January 1, 2006, the Illinois minimum
18    hourly wage, whichever is greater.
19        (3.5) Under State law, the amount of payment owed to
20    or received by the judgment debtor pursuant to an
21    independent contractor relationship that may be applied
22    toward a judgment is limited to the lesser of (i) 10% of
23    gross weekly wages or (ii) the amount by which disposable
24    earnings for a week exceed the total of 100 times the State
25    minimum hourly wage or the federal minimum hourly wage,
26    whichever is greater.

 

 

SB2220- 7 -LRB103 27841 LNS 54219 b

1        (4) Under federal law, the amount of wages that may be
2    applied toward a judgment is limited to the lesser of (i)
3    25% of disposable earnings for a week or (ii) the amount by
4    which disposable earnings for a week exceed 30 times the
5    federal minimum hourly wage.
6        (5) Pension and retirement benefits and refunds may be
7    claimed as exempt under Illinois law.
8    The judgment debtor may have other possible exemptions
9under the law.
10    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
11TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
12judgment debtor also has the right to seek a declaration at an
13earlier date, by notifying the clerk in writing at (insert
14address of clerk). When so notified, the Clerk of the Court
15will obtain a prompt hearing date from the court and will
16provide the necessary forms that must be prepared by the
17judgment debtor or the attorney for the judgment debtor and
18sent to the judgment creditor and the judgment creditor's
19attorney regarding the time and location of the hearing. This
20notice may be sent by regular first class mail."
21    (b-1) Any citation served upon a judgment debtor who is a
22natural person shall be served by personal service or abode
23service as provided in Supreme Court Rule 105 and shall
24include a copy of the Income and Asset Form set forth in
25subsection (b-5).
26    (b-5) The Income and Asset Form required to be served by

 

 

SB2220- 8 -LRB103 27841 LNS 54219 b

1the judgment creditor in subsection (b-1) shall be in
2substantially the following form:
 
3
INCOME AND ASSET FORM
4        To Judgment Debtor: Please complete this form and
5    bring it with you to the hearing referenced in the
6    enclosed citation notice. You should also bring to the
7    hearing any documents you have to support the information
8    you provide in this form, such as pay stubs and account
9    statements. The information you provide will help the
10    court determine whether you have any property or income
11    that can be used to satisfy the judgment entered against
12    you in this matter. The information you provide must be
13    accurate to the best of your knowledge.
14        If you fail to appear at this hearing, you could be
15    held in contempt of court and possibly arrested.
16        In answer to the citation proceedings served upon the
17    judgment debtor, he or she answers as follows:
 
18        Name:.....................
19        Home Phone Number:.................
20        Home Address:....................
21        Date of Birth:......................
22        Marital Status:.....................
23        I have.........dependents.
24        Do you have a job? YES NO

 

 

SB2220- 9 -LRB103 27841 LNS 54219 b

1        Company's name I work for:......................
2        Company's address:..............................
 
3        Job:
4            I earn $....... per.......
5            If self employed, list here your business name and
6        address:
7            .............................................
8            Income from self employment is $......... per
9        year.
10            I have the following benefits with my employer:
11            .............................................
12        I do not have a job, but I support myself through:
13            Government Assistance $........ per month
14            Unemployment $........ per month
15            Social Security $........ per month
16            SSI $........ per month
17            Pension $........ per month
18            Other $........ per month
19        Real Estate:
20        Do you own any real estate? YES NO
21        I own real estate at.........., with names of other
22    owners
23        .................................................
24        Additional real estate I own:....................
25        I have a beneficial interest in a land trust. The name

 

 

SB2220- 10 -LRB103 27841 LNS 54219 b

1    and address of the trustee is:............. The beneficial
2    interest is listed in my name and........................
3        There is a mortgage on my real estate. State the
4    mortgage company's name and address for each parcel of
5    real estate owned:
6        .................................................
7        An assignment of beneficial interest in the land trust
8    was signed to secure a loan from.........................
9        I have the following accounts:
10            Checking account at ..........;
11              account balance $......
12            Savings account at ..........;
13              account balance $......
14            Money market or certificate of deposit at....
15            Safe deposit box at..........................
16            Other accounts (please identify):............
17        I own:
18            A vehicle (state year, make, model, and VIN):.
19            Jewelry (please specify):....................
20        Other property described as:......................
21            Stocks/Bonds.....................
22            Personal computer................
23            DVD player.......................
24            Television.......................
25            Stove.......................
26            Microwave.......................

 

 

SB2220- 11 -LRB103 27841 LNS 54219 b

1            Work tools.......................
2            Business equipment.......................
3            Farm equipment.......................
4            Other property (please specify):
5            .............................................
6        Signature:....................
7    (b-10) Any action properly initiated under this Section
8may proceed notwithstanding an absent or incomplete Income and
9Asset Form, and a judgment debtor may be examined for the
10purpose of allowing the judgment creditor to discover income
11and assets belonging to the judgment debtor or in which the
12judgment debtor has an interest.
13    (c) When assets or income of the judgment debtor not
14exempt from the satisfaction of a judgment, a deduction order
15or garnishment are discovered, the court may, by appropriate
16order or judgment:
17        (1) Compel the judgment debtor to deliver up, to be
18    applied in satisfaction of the judgment, in whole or in
19    part, money, choses in action, property or effects in his
20    or her possession or control, so discovered, capable of
21    delivery and to which his or her title or right of
22    possession is not substantially disputed.
23        (2) Compel the judgment debtor to pay to the judgment
24    creditor or apply on the judgment, in installments, a
25    portion of his or her income, however or whenever earned
26    or acquired, as the court may deem proper, having due

 

 

SB2220- 12 -LRB103 27841 LNS 54219 b

1    regard for the reasonable requirements of the judgment
2    debtor and his or her family, if dependent upon him or her,
3    as well as any payments required to be made by prior order
4    of court or under wage assignments outstanding; provided
5    that the judgment debtor shall not be compelled to pay
6    income which would be considered exempt as wages under the
7    Wage Deduction Statute. The court may modify an order for
8    installment payments, from time to time, upon application
9    of either party upon notice to the other.
10        (3) Compel any person cited, other than the judgment
11    debtor, to deliver up any assets so discovered, to be
12    applied in satisfaction of the judgment, in whole or in
13    part, when those assets are held under such circumstances
14    that in an action by the judgment debtor he or she could
15    recover them in specie or obtain a judgment for the
16    proceeds or value thereof as for conversion or
17    embezzlement. A judgment creditor may recover a corporate
18    judgment debtor's property on behalf of the judgment
19    debtor for use of the judgment creditor by filing an
20    appropriate petition within the citation proceedings.
21        (4) Enter any order upon or judgment against the
22    person cited that could be entered in any garnishment
23    proceeding.
24        (5) Compel any person cited to execute an assignment
25    of any chose in action or a conveyance of title to real or
26    personal property or resign memberships in exchanges,

 

 

SB2220- 13 -LRB103 27841 LNS 54219 b

1    clubs, or other entities in the same manner and to the same
2    extent as a court could do in any proceeding by a judgment
3    creditor to enforce payment of a judgment or in aid of the
4    enforcement of a judgment.
5        (6) Authorize the judgment creditor to maintain an
6    action against any person or corporation that, it appears
7    upon proof satisfactory to the court, is indebted to the
8    judgment debtor, for the recovery of the debt, forbid the
9    transfer or other disposition of the debt until an action
10    can be commenced and prosecuted to judgment, direct that
11    the papers or proof in the possession or control of the
12    debtor and necessary in the prosecution of the action be
13    delivered to the creditor or impounded in court, and
14    provide for the disposition of any moneys in excess of the
15    sum required to pay the judgment creditor's judgment and
16    costs allowed by the court.
17        (7) Order the unfreezing or return of wages or assets
18    to the debtor if the debtor demonstrates that: (i) wages
19    or assets that were frozen or garnished did not belong to
20    the debtor at the time of garnishment, (ii) wages or
21    assets that were frozen or garnished would have been
22    exempt had the debtor asserted the debtor's exemptions,
23    (iii) the underlying judgment is stayed or vacated, or
24    (iv) the wages or assets should otherwise not have been
25    garnished.
26    (c-5) If a citation is directed to a judgment debtor who is

 

 

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1a natural person, no payment order shall be entered under
2subsection (c) unless the Income and Asset Form was served
3upon the judgment debtor as required by subsection (b-1), the
4judgment debtor has had an opportunity to assert exemptions,
5and the payments are from non-exempt sources.
6    (d) No order or judgment shall be entered under subsection
7(c) in favor of the judgment creditor unless there appears of
8record a certification of mailing showing that a copy of the
9citation and a copy of the citation notice was mailed to the
10judgment debtor as required by subsection (b).
11    (d-5) If upon examination the court determines that the
12judgment debtor does not possess any non-exempt income or
13assets, then the citation shall be dismissed.
14    (e) All property ordered to be delivered up shall, except
15as otherwise provided in this Section, be delivered to the
16sheriff to be collected by the sheriff or sold at public sale
17and the proceeds thereof applied towards the payment of costs
18and the satisfaction of the judgment. If the judgment debtor's
19property is of such a nature that it is not readily delivered
20up to the sheriff for public sale or if another method of sale
21is more appropriate to liquidate the property or enhance its
22value at sale, the court may order the sale of such property by
23the debtor, third party respondent, or by a selling agent
24other than the sheriff upon such terms as are just and
25equitable. The proceeds of sale, after deducting reasonable
26and necessary expenses, are to be turned over to the creditor

 

 

SB2220- 15 -LRB103 27841 LNS 54219 b

1and applied to the balance due on the judgment.
2    (f)(1) The citation may prohibit the party to whom it is
3directed from making or allowing any transfer or other
4disposition of, or interfering with, any property not exempt
5from the enforcement of a judgment therefrom, a deduction
6order or garnishment, belonging to the judgment debtor or to
7which he or she may be entitled or which may thereafter be
8acquired by or become due to him or her, and from paying over
9or otherwise disposing of any moneys not so exempt which are
10due or to become due to the judgment debtor, until the further
11order of the court or the termination of the proceeding,
12whichever occurs first. The third party may not be obliged to
13withhold the payment of any moneys beyond double the amount of
14the balance due sought to be enforced by the judgment
15creditor. The court may punish any party who violates the
16restraining provision of a citation as and for a contempt, or
17if the party is a third party may enter judgment against him or
18her in the amount of the unpaid portion of the judgment and
19costs allowable under this Section, or in the amount of the
20value of the property transferred, whichever is lesser.
21    (2) The court may enjoin any person, whether or not a party
22to the citation proceeding, from making or allowing any
23transfer or other disposition of, or interference with, the
24property of the judgment debtor not exempt from the
25enforcement of a judgment, a deduction order or garnishment,
26or the property or debt not so exempt concerning which any

 

 

SB2220- 16 -LRB103 27841 LNS 54219 b

1person is required to attend and be examined until further
2direction in the premises. The injunction order shall remain
3in effect until vacated by the court or until the proceeding is
4terminated, whichever first occurs.
5    (g) If it appears that any property, chose in action,
6credit or effect discovered, or any interest therein, is
7claimed by any person, the court shall, as in garnishment
8proceedings, permit or require the claimant to appear and
9maintain his or her right. The rights of the person cited and
10the rights of any adverse claimant shall be asserted and
11determined pursuant to the law relating to garnishment
12proceedings.
13    (h) Costs in proceedings authorized by this Section shall
14be allowed, assessed and paid in accordance with rules,
15provided that if the court determines, in its discretion, that
16costs incurred by the judgment creditor were improperly
17incurred, those costs shall be paid by the judgment creditor.
18    (i) This Section is in addition to and does not affect
19enforcement of judgments or citation proceedings thereto, by
20any other methods now or hereafter provided by law.
21    (j) This Section does not grant the power to any court to
22order installment or other payments from, or compel the sale,
23delivery, surrender, assignment or conveyance of any property
24exempt by statute from the enforcement of a judgment thereon,
25a deduction order, garnishment, attachment, sequestration,
26process or other levy or seizure.

 

 

SB2220- 17 -LRB103 27841 LNS 54219 b

1    (k) (Blank).
2    (k-3) The court may enter any order upon or judgment
3against the respondent cited that could be entered in any
4garnishment proceeding under Part 7 of Article XII of this
5Code. This subsection (k-3) shall be construed as being
6declarative of existing law and not as a new enactment.
7    (k-5) If, after proper notice to the respondent, the court
8determines that any property held by a third party respondent
9is wages pursuant to Section 12-801, the court shall proceed
10as if a wage deduction proceeding had been filed and proceed to
11enter such necessary and proper orders as would have been
12entered in a wage deduction proceeding including but not
13limited to the granting of the statutory exemptions allowed by
14Section 12-803 and all other remedies allowed plaintiff and
15defendant pursuant to Part 8 of Article 12 of this Act.
16    (k-10) If a creditor discovers personal property of the
17judgment debtor that is subject to the lien of a citation to
18discover assets, the creditor may have the court impress a
19lien against a specific item of personal property, including a
20beneficial interest in a land trust. The lien survives the
21termination of the citation proceedings and remains as a lien
22against the personal property in the same manner that a
23judgment lien recorded against real property pursuant to
24Section 12-101 remains a lien on real property. If the
25judgment is revived before dormancy, the lien shall remain. A
26lien against personal property may, but need not, be recorded

 

 

SB2220- 18 -LRB103 27841 LNS 54219 b

1in the office of the recorder or filed as an informational
2filing pursuant to the Uniform Commercial Code.
3    (l) At any citation hearing at which the judgment debtor
4appears and seeks a declaration that certain of his or her
5income or assets are exempt, the court shall proceed to
6determine whether the property which the judgment debtor
7declares to be exempt is exempt from judgment. At any time
8before the return date specified on the citation, the judgment
9debtor may request, in writing, a hearing to declare exempt
10certain income and assets by notifying the clerk of the court
11before that time, using forms as may be provided by the clerk
12of the court. The clerk of the court will obtain a prompt
13hearing date from the court and will provide the necessary
14forms that must be prepared by the judgment debtor or the
15attorney for the judgment debtor and sent to the judgment
16creditor, or the judgment creditor's attorney, regarding the
17time and location of the hearing. This notice may be sent by
18regular first class mail. At the hearing, the court shall
19immediately, unless for good cause shown that the hearing is
20to be continued, shall proceed to determine whether the
21property which the judgment debtor declares to be exempt is
22exempt from judgment. The restraining provisions of subsection
23(f) shall not apply to any property determined by the court to
24be exempt.
25    (m) The judgment or balance due on the judgment becomes a
26lien when a citation is served in accordance with subsection

 

 

SB2220- 19 -LRB103 27841 LNS 54219 b

1(a) of this Section. The lien binds nonexempt personal
2property, including money, choses in action, and effects of
3the judgment debtor as follows:
4        (1) When the citation is directed against the judgment
5    debtor, upon all personal property belonging to the
6    judgment debtor in the possession or control of the
7    judgment debtor or which may thereafter be acquired or
8    come due to the judgment debtor to the time of the
9    disposition of the citation.
10        (2) When the citation is directed against a third
11    party, upon all personal property belonging to the
12    judgment debtor in the possession or control of the third
13    party or which thereafter may be acquired or come due the
14    judgment debtor and comes into the possession or control
15    of the third party to the time of the disposition of the
16    citation.
17    The lien established under this Section does not affect
18the rights of citation respondents in property prior to the
19service of the citation upon them and does not affect the
20rights of bona fide purchasers or lenders without notice of
21the citation. The lien is effective for the period specified
22by Supreme Court Rule.
23    This subsection (m), as added by Public Act 88-48, is a
24declaration of existing law.
25    (n) If any provision of this Act or its application to any
26person or circumstance is held invalid, the invalidity of that

 

 

SB2220- 20 -LRB103 27841 LNS 54219 b

1provision or application does not affect the provisions or
2applications of the Act that can be given effect without the
3invalid provision or application.
4    (o) The changes to this Section made by this amendatory
5Act of the 97th General Assembly apply only to citation
6proceedings commenced under this Section on or after the
7effective date of this amendatory Act of the 97th General
8Assembly. The requirements or limitations set forth in
9subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not
10apply to the enforcement of any order or judgment resulting
11from an adjudication of a municipal ordinance violation that
12is subject to Supreme Court Rules 570 through 579, or from an
13administrative adjudication of such an ordinance violation.
14(Source: P.A. 101-191, eff. 8-2-19.)
 
15    (735 ILCS 5/2-1602)
16    Sec. 2-1602. Revival of judgment.
17    (a) Except as provided in subsection (a-5), a judgment may
18be revived by filing a petition to revive the judgment in the
19seventh year after its entry, or in the seventh year after its
20last revival, or in the twentieth year after its entry, or at
21any other time within 20 years after its entry if the judgment
22becomes dormant and by serving the petition and entering a
23court order for revival as provided in the following
24subsections. The provisions of this amendatory Act of the 96th
25General Assembly are declarative of existing law.

 

 

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1    (a-5) A consumer debt judgment as defined in subsection
2(b) of Section 2-1303 may not be revived and shall expire after
37 years from the date of entry by filing a petition to revive
4the consumer debt judgment no later than 10 years after its
5entry and by serving the petition and entering a court order
6for revival as provided in this Section.
7    (b) A petition to revive a judgment shall be filed in the
8original case in which the judgment was entered. The petition
9shall include a statement as to the original date and amount of
10the judgment, court costs expended, accrued interest, and
11credits to the judgment, if any.
12    (c) Service of notice of the petition to revive a judgment
13shall be made in accordance with Supreme Court Rule 106.
14    (d) An order reviving a judgment shall be for the original
15amount of the judgment. The plaintiff may recover interest and
16court costs from the date of the original judgment. Credits to
17the judgment shall be reflected by the plaintiff in
18supplemental proceedings or execution.
19    (e) If a judgment debtor has filed for protection under
20the United States Bankruptcy Code and failed to successfully
21adjudicate and remove a lien filed by a judgment creditor,
22then the judgment may be revived only as to the property to
23which a lien attached before the filing of the bankruptcy
24action.
25    (f) A judgment may be revived as to fewer than all judgment
26debtors, and such order for revival of judgment shall be

 

 

SB2220- 22 -LRB103 27841 LNS 54219 b

1final, appealable, and enforceable.
2    (g) This Section does not apply to a child support
3judgment or to a judgment recovered in an action for damages
4for an injury described in Section 13-214.1, which need not be
5revived as provided in this Section and which may be enforced
6at any time as provided in Section 12-108.
7    (h) If a judgment becomes dormant during the pendency of
8an enforcement proceeding against wages under Part 14 of this
9Article or under Article XII, the enforcement may continue to
10conclusion without revival of the underlying judgment so long
11as the enforcement is done under court supervision and
12includes a wage deduction order or turn over order and is
13against an employer, garnishee, or other third party
14respondent.
15(Source: P.A. 101-168, eff. 1-1-20.)
 
16    (735 ILCS 5/12-803)  (from Ch. 110, par. 12-803)
17    Sec. 12-803. Wages subject to collection.
18    (a) The wages, salary, commissions, and bonuses subject to
19collection under a deduction order, for any work week shall be
20the lesser of:
21        (1) 10% 15% of such gross amount paid for that week; or
22        (2) the amount by which disposable earnings for a week
23    exceed 80 45 times the Federal Minimum Hourly Wage
24    prescribed by Section 206(a)(1) of Title 29 of the United
25    States Code, as amended, or, under a wage deduction

 

 

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1    summons served on or after January 1, 2006, the minimum
2    hourly wage prescribed by Section 4 of the Minimum Wage
3    Law, whichever is greater, in effect at the time the
4    amounts are payable.
5    (b) Payments owed to or received by the judgment debtor
6pursuant to an independent contractor relationship that are
7subject to collection are limited to the lesser of (i) 10% of
8gross weekly wages or (ii) the amount by which disposable
9earnings for a week exceed the total of 100 times the State
10minimum hourly wage or the federal minimum hourly wage,
11whichever is greater.
12    (c) This Section provision (and no other) applies
13irrespective of the place where the compensation was earned or
14payable and the State where the employee resides. No amounts
15required by law to be withheld may be taken from other amounts
16the amount collected by the creditor. The term "disposable
17earnings" means that part of the earnings of any individual
18remaining after (i) the deduction from those earnings of any
19amounts required by law to be withheld and (ii) any deductions
20related to employment, retirement, or health, including, but
21not limited to, deductions for health, vision, and dental
22insurance, deductions for transportation, required work
23uniforms, retirement account related deductions, flexible
24spending account deductions, and health savings account
25deductions.
26    (c) The Secretary of Financial and Professional Regulation

 

 

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1is authorized and empowered to adopt rules consistent with
2this Section that define the terms used in this Section and as
3may be necessary and appropriate to interpret, implement, and
4enforce this Section.
5(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
 
6    (735 ILCS 5/12-901)   (from Ch. 110, par. 12-901)
7    Sec. 12-901. Amount. Every individual is entitled to an
8estate of homestead to the extent in value of the modern
9homestead exemption as applied to $15,000 of his or her
10interest in a farm or lot of land and buildings thereon, a
11condominium, or personal property, owned or rightly possessed
12by lease or otherwise and occupied by him or her as a
13residence, or in a cooperative that owns property that the
14individual uses as a residence. That homestead and all right
15in and title to that homestead is exempt from attachment,
16judgment, levy, or judgment sale for the payment of his or her
17debts or other purposes. That homestead is also exempt and
18from the laws of conveyance, descent, and legacy, except as
19provided in this Code or in Section 20-6 of the Probate Act of
201975. This Section is not applicable between joint tenants or
21tenants in common but it is applicable as to any creditors of
22those persons. As used in this Code, "modern homestead
23exemption" means the greater of $260,000 and the most recently
24available median sales price of a home in the debtor's
25metropolitan statistical area or county. If 2 or more

 

 

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1individuals own property that is exempt as a homestead, the
2value of the exemption of each individual may not exceed his or
3her proportionate share of $600,000 or the modern homestead
4exemption, whichever is greater, $30,000 based upon percentage
5of ownership. The modern homestead exemption protection
6provided under this Section applies to all such exemptions for
7the estate of homesteads available under State law, including,
8but not limited to, those referenced in this Section and
9Sections 12-901, 12-904, 12-906, 12-909, 12-910, 12-911, and
1012-912. The metropolitan statistical area median sales price
11shall be derived from any reasonably reliable data source,
12including any State or federal agency, or a reasonably
13credible private source including, but not limited to, an
14Illinois-based statewide real estate association. If values
15from different reasonably reliable sources of data differ, the
16largest value shall apply. The Secretary of Financial and
17Professional Regulation is authorized and empowered to adopt
18rules consistent with this Section that define the terms used
19in this Section and designate reasonably reliable data sources
20as may be necessary and appropriate to interpret, and,
21implement this Section.
22(Source: P.A. 94-293, eff. 1-1-06.)
 
23    (735 ILCS 5/12-904)   (from Ch. 110, par. 12-904)
24    Sec. 12-904. Release, waiver or conveyance. No release,
25waiver or conveyance of the estate so exempted shall be valid,

 

 

SB2220- 26 -LRB103 27841 LNS 54219 b

1unless the same is in writing, signed by the individual and his
2or her spouse, if he or she have one, or possession is
3abandoned or given pursuant to the conveyance; or if the
4exception is continued to a child or children without the
5order of a court directing a release thereof; but if a
6conveyance is made by an individual as grantor to his or her
7spouse, such conveyance shall be effectual to pass the title
8expressed therein to be conveyed thereby, whether or not the
9grantor in such conveyance is joined therein by his or her
10spouse. In any case where such release, waiver or conveyance
11is taken by way of mortgage or security, the same shall only be
12operative as to such specific release, waiver or conveyance;
13and when the same includes different pieces of land, or the
14homestead is of greater value than the modern homestead
15exemption $15,000, the other lands shall first be sold before
16resorting to the homestead, and in case of the sale of such
17homestead, if any balance remains after the payment of the
18debt and costs, such balance shall, to the extent of the modern
19homestead exemption $15,000 be exempt, and be applied upon
20such homestead exemption in the manner provided by law.
21(Source: P.A. 94-293, eff. 1-1-06.)
 
22    (735 ILCS 5/12-906)   (from Ch. 110, par. 12-906)
23    Sec. 12-906. Proceeds of sale. When a homestead is
24conveyed by the owner thereof, such conveyance shall not
25subject the premises to any lien or incumbrance to which it

 

 

SB2220- 27 -LRB103 27841 LNS 54219 b

1would not be subject in the possession of such owner; and the
2proceeds thereof, to the extent of the amount of the modern
3homestead exemption $15,000, shall be exempt from judgment or
4other process, for one year after the receipt thereof, by the
5person entitled to the exemption, and if reinvested in a
6homestead the same shall be entitled to the same exemption as
7the original homestead.
8(Source: P.A. 94-293, eff. 1-1-06.)
 
9    (735 ILCS 5/12-909)   (from Ch. 110, par. 12-909)
10    Sec. 12-909. Bid for less than exempted amount. No sale
11shall be made of the premises on such judgment unless a greater
12sum than the modern homestead exemption $15,000 is bid
13therefor. If a greater sum is not so bid, the judgment may be
14set aside or modified, or the enforcement of the judgment
15released, as for lack of property.
16(Source: P.A. 94-293, eff. 1-1-06.)
 
17    (735 ILCS 5/12-910)   (from Ch. 110, par. 12-910)
18    Sec. 12-910. Proceedings to enforce judgment. If in the
19opinion of the judgment creditors, or the officer holding a
20certified copy of a judgment for enforcement against such
21individuals, the premises claimed by him or her as exempt are
22worth more than the modern homestead exemption $15,000, such
23officer shall summon 3 individuals, as commissioners, who
24shall, upon oath, to be administered to them by the officer,

 

 

SB2220- 28 -LRB103 27841 LNS 54219 b

1appraise the premises, and if, in their opinion, the property
2may be divided without damage to the interest of the parties,
3they shall set off so much of the premises, including the
4dwelling house, as in their opinion is worth the modern
5homestead exemption $15,000, and the residue of the premises
6may be advertised and sold by such officer. Each commissioner
7shall receive for his or her services the sum of $5 per day for
8each day necessarily engaged in such service. The officer
9summoning such commissioners shall receive such fees as may be
10allowed for serving summons, but shall be entitled to charge
11mileage for only the actual distance traveled from the
12premises to be appraised, to the residence of the
13commissioners summoned. The officer shall not be required to
14summon commissioners until the judgment creditor, or some one
15for him or her, shall advance to the officer one day's fees for
16the commissioners, and unless the creditor shall advance such
17fees the officer shall not be required to enforce the
18judgment. The costs of such appraisement shall not be taxed
19against the judgment debtor unless such appraisement shows
20that the judgment debtor has property subject to such
21judgment.
22(Source: P.A. 94-293, eff. 1-1-06.)
 
23    (735 ILCS 5/12-911)   (from Ch. 110, par. 12-911)
24    Sec. 12-911. Notice to judgment debtor. In case the value
25of the premises is, in the opinion of the commissioners, more

 

 

SB2220- 29 -LRB103 27841 LNS 54219 b

1than the modern homestead exemption $15,000, and cannot be
2divided as is provided for in Section 12-910 of this Act, they
3shall make and sign an appraisal of the value thereof, and
4deliver the same to the officer, who shall deliver a copy
5thereof to the judgment debtor, or to some one of the family of
6the age of 13 years or upwards, with a notice thereto attached
7that unless the judgment debtor pays to such officer the
8surplus over and above the modern homestead exemption $15,000
9on the amount due on the judgment within 60 days thereafter,
10such premises will be sold.
11(Source: P.A. 94-293, eff. 1-1-06.)
 
12    (735 ILCS 5/12-912)   (from Ch. 110, par. 12-912)
13    Sec. 12-912. Sale of premises - Distribution of proceeds.
14In case of such surplus, or the amount due on the judgment is
15not paid within the 60 days, the officer may advertise and sell
16the premises, and out of the proceeds of such sale pay to such
17judgment debtor the sum of the modern homestead exemption
18$15,000, and apply the balance on the judgment.
19(Source: P.A. 94-293, eff. 1-1-06.)
 
20    (735 ILCS 5/12-1001)   (from Ch. 110, par. 12-1001)
21    Sec. 12-1001. Personal property exempt. The following
22personal property, owned by the debtor, is exempt from
23judgment, attachment, or distress for rent:
24        (a) All household goods, including, but not limited

 

 

SB2220- 30 -LRB103 27841 LNS 54219 b

1    to, the debtor's and the debtor's dependents' food, eating
2    and cooking utensils, bedding, furniture, books,
3    refrigerator, stove, microwave oven, kitchen appliances,
4    necessary provisions, washing machine, clothes dryer,
5    vacuum cleaner, yard equipment, and household equipment
6    and tools, and all personal possessions, including, but
7    not limited to, clothing, pets, personal health aids,
8    medications, computers or similar electronic devices, and
9    telephones, except that a creditor may obtain court
10    permission to levy on any item of furniture, appliance,
11    electronic device, yard equipment, precious item,
12    utensils, set of utensils, or any other item exempt under
13    this subsection that has a resale value of more than
14    $5,000, unless that item is exempt under another
15    subsection. The debtor may exempt one piece of jewelry up
16    to a value of $10,000 The necessary wearing apparel,
17    bible, school books, and family pictures of the debtor and
18    the debtor's dependents;
19        (b) The debtor's equity interest, not to exceed
20    $15,000 $4,000 in value, in any nonexempt properties other
21    property;
22        (c) The debtor's equity interest, not to exceed
23    $25,000 $2,400 in value, in any one motor vehicle;
24        (d) The debtor's equity interest, not to exceed $7,500
25    $1,500 in value, in any implements, professional books,
26    equipment, one motor vehicle used primarily for the

 

 

SB2220- 31 -LRB103 27841 LNS 54219 b

1    debtor's occupation, regulated licenses, or other tools of
2    the trade of the debtor;
3        (e) Professionally prescribed health aids for the
4    debtor or a dependent of the debtor;
5        (f) All proceeds payable because of the death of the
6    insured and the aggregate net cash value of any or all life
7    insurance and endowment policies and annuity contracts
8    payable to a wife or husband of the insured, or to a child,
9    parent, or other person dependent upon the insured, or to
10    a revocable or irrevocable trust which names the wife or
11    husband of the insured or which names a child, parent, or
12    other person dependent upon the insured as the primary
13    beneficiary of the trust, whether the power to change the
14    beneficiary is reserved to the insured or not and whether
15    the insured or the insured's estate is a contingent
16    beneficiary or not;
17        (g) The debtor's right to receive and retain:
18            (1) a social security benefit, unemployment
19        compensation, or public assistance benefit;
20            (2) a veteran's benefit;
21            (3) a disability, illness, or unemployment
22        benefit, including utility, rental, and foreclosure
23        assistance grants, down payment assistance funds,
24        stimulus payments, and means-tested tax credits; and
25            (4) alimony, support, or separate maintenance, to
26        the extent reasonably necessary for the support of the

 

 

SB2220- 32 -LRB103 27841 LNS 54219 b

1        debtor and any dependent of the debtor.
2        (h) The debtor's right to receive and retain, or
3    property that is traceable to:
4            (1) an award under a crime victim's reparation
5        law;
6            (2) a payment on account of the wrongful death of
7        an individual of whom the debtor was a dependent, to
8        the extent reasonably necessary for the support of the
9        debtor;
10            (3) a payment under a life insurance contract that
11        insured the life of an individual of whom the debtor
12        was a dependent, to the extent reasonably necessary
13        for the support of the debtor or a dependent of the
14        debtor;
15            (4) a payment, not to exceed $30,000 $15,000 in
16        value plus any other amount necessary to cover the
17        costs of reasonable medical, rehabilitative, or
18        psychological treatment, on account of personal bodily
19        injury of the debtor or an individual of whom the
20        debtor was a dependent; and
21            (5) any restitution payments made to persons
22        pursuant to the federal Civil Liberties Act of 1988
23        and the Aleutian and Pribilof Island Restitution Act,
24        P.L. 100-383.
25        For purposes of this subsection (h), a debtor's right
26    to receive an award or payment shall be exempt for a

 

 

SB2220- 33 -LRB103 27841 LNS 54219 b

1    maximum of 2 years after the debtor's right to receive the
2    award or payment accrues; property traceable to an award
3    or payment shall be exempt for a maximum of 5 years after
4    the award or payment accrues; and an award or payment and
5    property traceable to an award or payment shall be exempt
6    only to the extent of the amount of the award or payment,
7    without interest or appreciation from the date of the
8    award or payment.
9        (i) The debtor's right to receive and retain an award
10    under Part 20 of Article II of this Code relating to crime
11    victims' awards.
12        (i-5) The debtor's equity interest in any funds held
13    in a health savings account, flexible spending account,
14    medical savings account, or a health reimbursement
15    arrangement.
16        (i-10) In each bank or other regulated depository
17    account held by the debtor, an amount not to exceed
18    $10,000, until:
19            (1) a hearing has been held; and
20            (2) the debtor has been given a reasonable
21        opportunity to indicate to which personal property he
22        or she seeks to exempt under subsection (b). At which
23        time, the debtor may protect up to $15,000 of equity in
24        any nonexempt personal property. Notwithstanding the
25        foregoing, if the debtor, after being provided a
26        reasonable opportunity to indicate to which personal

 

 

SB2220- 34 -LRB103 27841 LNS 54219 b

1        property he or she seeks to apply the exemption under
2        subsection (b), does not attend the hearing or return
3        the citation electing the debtor's exemptions, the
4        exemption in subsection (b) shall be automatically
5        applied to prohibit garnishment that would result in
6        the debtor having less than a cumulative balance of
7        $10,000 in his or her bank or other depository
8        accounts.
9        Upon receiving a citation to discover assets, a
10    financial institution shall not freeze the debtor's access
11    or turn over to the judgment creditor the amount in the
12    debtor's account that is $15,000 or less, but shall inform
13    the debtor, the court, and the judgment creditor of the
14    amount in the debtor's account. A judgment creditor may
15    move to recover any nonexempt fraudulent transfers as
16    defined in the Uniform Fraudulent Transfer Act. The debtor
17    may apply or stack unused wildcard personal property
18    exemptions to any type of unprotected asset.
19        A garnishment order issued against a bank or other
20    account shall instruct the garnishee that it is to freeze
21    or garnish only the amount exceeding $15,000, unless the
22    judgment creditor has established through a hearing as
23    described in Section 2-1402 that the debtor has already
24    claimed this exemption for a different account for the
25    debt.
26        (i-15) The debtor's interest in any prepaid burial

 

 

SB2220- 35 -LRB103 27841 LNS 54219 b

1    plot, cremation services, or funeral expenses.
2        (j) Moneys held in an account invested in the Illinois
3    College Savings Pool of which the debtor is a participant
4    or donor and funds invested in an ABLE Account as defined
5    by Section 529 of the Internal Revenue Code, except the
6    following non-exempt contributions:
7            (1) any contribution to such account by the debtor
8        as participant or donor that is made with the actual
9        intent to hinder, delay, or defraud any creditor of
10        the debtor;
11            (2) any contributions to such account by the
12        debtor as participant during the 365 day period prior
13        to the date of filing of the debtor's petition for
14        bankruptcy that, in the aggregate during such period,
15        exceed the amount of the annual gift tax exclusion
16        under Section 2503(b) of the Internal Revenue Code of
17        1986, as amended, in effect at the time of
18        contribution; or
19            (3) any contributions to such account by the
20        debtor as participant during the period commencing 730
21        days prior to and ending 366 days prior to the date of
22        filing of the debtor's petition for bankruptcy that,
23        in the aggregate during such period, exceed the amount
24        of the annual gift tax exclusion under Section 2503(b)
25        of the Internal Revenue Code of 1986, as amended, in
26        effect at the time of contribution.

 

 

SB2220- 36 -LRB103 27841 LNS 54219 b

1        For purposes of this subsection (j), "account"
2    includes all accounts for a particular designated
3    beneficiary, of which the debtor is a participant or
4    donor.
5        (k) The debtor's proceeds from any loan for
6    educational expenses, except as allowed by Title 20,
7    Section 1095a of the United States Code.
8        (l) Any additional amount of income or assets the
9    court finds are needed to prevent substantial hardship to
10    the debtor or the debtor's dependents.
11    Money due the debtor from the sale of any personal
12property that was exempt from judgment, attachment, or
13distress for rent at the time of the sale is exempt from
14attachment and garnishment to the same extent that the
15property would be exempt had the same not been sold by the
16debtor.
17    If a debtor owns property exempt under this Section and he
18or she purchased that property with the intent of converting
19nonexempt property into exempt property or in fraud of his or
20her creditors, that property shall not be exempt from
21judgment, attachment, or distress for rent. Property acquired
22within 6 months of the filing of the petition for bankruptcy
23shall be presumed to have been acquired in contemplation of
24bankruptcy.
25    The personal property exemptions set forth in this Section
26shall apply only to individuals and only to personal property

 

 

SB2220- 37 -LRB103 27841 LNS 54219 b

1that is used for personal rather than business purposes. The
2personal property exemptions set forth in this Section shall
3not apply to or be allowed against any money, salary, or wages
4due or to become due to the debtor that are required to be
5withheld in a wage deduction proceeding under Part 8 of this
6Article XII.
7    The Secretary of Financial and Professional Regulation is
8authorized and empowered to adopt rules consistent with this
9Section that define the terms used in this Section and as may
10be necessary and appropriate to interpret, implement, and
11enforce this Section.
12(Source: P.A. 100-922, eff. 1-1-19.)
 
13    (735 ILCS 5/13-206)  (from Ch. 110, par. 13-206)
14    Sec. 13-206. Ten year limitation. Except as provided in
15Section 2-725 of the "Uniform Commercial Code", actions on
16bonds, promissory notes, bills of exchange, written leases,
17written contracts, or other evidences of indebtedness in
18writing and actions brought under the Illinois Wage Payment
19and Collection Act shall be commenced within 10 years next
20after the cause of action accrued; but if any payment or new
21promise to pay has been made, in writing, on any bond, note,
22bill, lease, contract, or other written evidence of
23indebtedness, within or after the period of 10 years, then an
24action may be commenced thereon at any time within 10 years
25after the time of such payment or promise to pay. For purposes

 

 

SB2220- 38 -LRB103 27841 LNS 54219 b

1of this Section, with regard to promissory notes dated on or
2after the effective date of this amendatory Act of 1997, a
3cause of action on a promissory note payable at a definite date
4accrues on the due date or date stated in the promissory note
5or the date upon which the promissory note is accelerated.
6With respect to a demand promissory note dated on or after the
7effective date of this amendatory Act of 1997, if a demand for
8payment is made to the maker of the demand promissory note, an
9action to enforce the obligation of a party to pay the demand
10promissory note must be commenced within 10 years after the
11demand. An action to enforce a demand promissory note is
12barred if neither principal nor interest on the demand
13promissory note has been paid for a continuous period of 10
14years and no demand for payment has been made to the maker
15during that period.
16    Notwithstanding any other provisions of law, with respect
17to any consumer debt judgment as defined in subsection (b) of
18Section 2-1303, no person or entity may recover interest
19accumulated on any indebtedness that the person or entity knew
20or should have known the cause of action accrued, if an action
21on that indebtedness is not brought within 5 years after the
22cause of action accrued.
23(Source: P.A. 95-209, eff. 8-16-07.)
 
24    Section 10. The Illinois Wage Assignment Act is amended by
25changing Section 4 as follows:
 

 

 

SB2220- 39 -LRB103 27841 LNS 54219 b

1    (740 ILCS 170/4)  (from Ch. 48, par. 39.4)
2    Sec. 4. The maximum wages, salary, commissions, and
3bonuses that may be collected by an assignee for any work week
4shall not exceed the lesser of (1) 10% 15% of such gross amount
5paid for that week or (2) the amount by which disposable
6earnings for a week exceed 80 45 times the Federal Minimum
7Hourly Wage prescribed by Section 206(a)(1) of Title 29,
8U.S.C., as amended, or the minimum hourly wage prescribed by
9Section 4 of the Minimum Wage Law, whichever is greater, in
10effect at the time the amounts are payable. This provision
11(and no other) applies irrespective of the place where the
12compensation was earned or payable and the State where the
13employee resides. No amounts required by law to be withheld
14may be taken from the amount collected by the creditor. The
15term "disposable earnings" means that part of the earnings of
16any individual remaining after the deduction from those
17earnings of any amounts required by law to be withheld and any
18deductions related to employment, retirement, or health,
19including, but not limited to, deductions for health, vision,
20and dental insurance, deductions for transportation, required
21work uniforms, flexible spending account deductions,
22retirement account related deductions, and health savings
23account deductions. If there is more than one assignment
24demand received by the employer, the assignees shall collect
25in the order or priority of service of the demand upon the

 

 

SB2220- 40 -LRB103 27841 LNS 54219 b

1employer, but the total of all collections shall not exceed
2the amount that could have been collected if there had been one
3assignment demand.
4    Benefits and refunds payable by pension or retirement
5funds or systems, any assets of employees held by those funds
6or systems, and any moneys an employee is required to
7contribute to those funds or systems are exempt and are not
8subject to a wage assignment under this Act.
9    A fee of $12 for each wage assignment shall be collected by
10and paid to the employer and the amount so paid shall be
11credited against the amount of the wage-earner's outstanding
12debt.
13(Source: P.A. 94-305, eff. 7-21-05.)

 

 

SB2220- 41 -LRB103 27841 LNS 54219 b

1 INDEX
2 Statutes amended in order of appearance
3    735 ILCS 5/2-201.5 new
4    735 ILCS 5/2-1402from Ch. 110, par. 2-1402
5    735 ILCS 5/2-1602
6    735 ILCS 5/12-803from Ch. 110, par. 12-803
7    735 ILCS 5/12-901from Ch. 110, par. 12-901
8    735 ILCS 5/12-904from Ch. 110, par. 12-904
9    735 ILCS 5/12-906from Ch. 110, par. 12-906
10    735 ILCS 5/12-909from Ch. 110, par. 12-909
11    735 ILCS 5/12-910from Ch. 110, par. 12-910
12    735 ILCS 5/12-911from Ch. 110, par. 12-911
13    735 ILCS 5/12-912from Ch. 110, par. 12-912
14    735 ILCS 5/12-1001from Ch. 110, par. 12-1001
15    735 ILCS 5/13-206from Ch. 110, par. 13-206
16    740 ILCS 170/4from Ch. 48, par. 39.4