Full Text of SB1752 94th General Assembly
SB1752sam001 94TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 4/6/2005
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09400SB1752sam001 |
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LRB094 10620 LCB 44316 a |
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| AMENDMENT TO SENATE BILL 1752
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| AMENDMENT NO. ______. Amend Senate Bill 1752 on page 1, | 3 |
| line 5, by replacing "and 12-803" with ", 12-803, 12-805, and | 4 |
| 12-808"; and
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| on page 3, line 32, after " or ", by inserting " , under a wage | 6 |
| deduction summons served on or after January 1, 2006, "; and | 7 |
| on page 9, line 14, after " or ", by inserting " , under a wage | 8 |
| deduction summons served on or after January 1, 2006, "; and | 9 |
| on page 9, by replacing lines 25 and 26 with the following:
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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 | 13 |
| other designee
of (1) an affidavit that the affiant believes | 14 |
| any person is indebted to the
judgment debtor for wages due or | 15 |
| to become due, as provided in Part 8 of
Article XII of this | 16 |
| Act, and includes the last address of the judgment
debtor known | 17 |
| 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, | 19 |
| before
filing the affidavit, the wage deduction notice has been | 20 |
| mailed to the
judgment debtor by first class mail at the | 21 |
| judgment debtor's last known
address, and (2) written | 22 |
| interrogatories to be answered by the employer
with respect to |
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LRB094 10620 LCB 44316 a |
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| the indebtedness, the clerk of the court in which the
judgment | 2 |
| 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 | 4 |
| court and
answer the interrogatories in writing under oath. The | 5 |
| interrogatories shall
elicit all the information necessary to | 6 |
| determine the proper amount of
non-exempt wages. The | 7 |
| interrogatories shall require that the employer
certify that a | 8 |
| copy of the completed interrogatories as specified in
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| subsection (c) of Section 12-808 has been mailed or hand | 10 |
| delivered to the
judgment debtor and shall be in a form | 11 |
| consistent with local court rules.
The summons shall further | 12 |
| command federal agency employers, upon effective
service of | 13 |
| summons pursuant to 5 USC 5520a, to commence to pay over | 14 |
| deducted
wages in accordance with Section 12-808.
The summons | 15 |
| 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 | 17 |
| judgment or a
certification by the clerk of the court that | 18 |
| entered the judgment, or by
the attorney for the judgment | 19 |
| creditor, setting forth the date and amount
of the
judgment,
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| allowable costs expended, interest accumulated, credits paid | 21 |
| by or on behalf
of the judgment debtor and the balance due the | 22 |
| judgment creditor, and one copy of
a wage deduction notice in | 23 |
| 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 | 4 |
| summons against
the employer named above for wages due or about | 5 |
| to become due to you.
The wage deduction summons may be issued | 6 |
| on the basis of a judgment against
you in favor of the judgment | 7 |
| creditor in the amount stated above.
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| The amount of wages that may be deducted is limited by | 9 |
| federal and
Illinois law.
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| (1) Under Illinois law, the amount of wages that may be | 11 |
| deducted is
limited to the lesser of (i) 15% of gross | 12 |
| weekly wages or (ii) the amount
by which disposable | 13 |
| earnings for a week exceed the total of 45 times the
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| federal minimum hourly wage or, under a wage deduction | 15 |
| summons served on or after January 1, 2006, the minimum | 16 |
| hourly wage prescribed by Section 4 of the Minimum Wage | 17 |
| Law, whichever is greater .
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| (2) Under federal law, the amount of wages that may be | 19 |
| deducted is
limited to the lesser of (i) 25% of disposable | 20 |
| earnings for a week or (ii)
the amount by which disposable | 21 |
| earnings for a week exceed 30 times the
federal minimum | 22 |
| hourly wage.
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| (3) Pension and retirement benefits and refunds may be | 24 |
| 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 | 26 |
| dispute the wage deduction because the wages are exempt. To | 27 |
| obtain a
hearing in counties with a population of 1,000,000 or | 28 |
| more, you
must notify the Clerk of the Court in person and in | 29 |
| writing at (insert
address of Clerk) before the Return Date | 30 |
| specified above or appear
in court on the date and time on that | 31 |
| Return Date. To obtain a
hearing in counties with a population | 32 |
| of less than 1,000,000, you
must notify the Clerk of the Court | 33 |
| in writing at (insert address of
clerk) on or before the Return | 34 |
| Date specified above.
The Clerk of the Court will provide a |
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| hearing date and the necessary
forms that must be prepared by | 2 |
| you or your attorney and
sent to the judgment creditor and the | 3 |
| employer, or their attorney,
regarding the time and location of | 4 |
| the hearing. This notice may be sent by
regular first class | 5 |
| mail."
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| (b) In a county with a population of less than 1,000,000, | 7 |
| unless otherwise
provided by circuit court rule, at the request | 8 |
| of the judgment creditor or his
or her attorney and instead of | 9 |
| personal service, service of a summons for a
wage deduction may | 10 |
| be made as follows:
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| (1) For each employer to be served, the judgment | 12 |
| creditor or his or her
attorney shall pay to the clerk of | 13 |
| the court a fee of $2, plus the cost of
mailing, and | 14 |
| furnish to the clerk an original and one copy of a
summons, | 15 |
| an original and one copy of the interrogatories and an | 16 |
| affidavit
setting forth the employer's mailing address, an | 17 |
| original and one copy of
the wage deduction notice required | 18 |
| by subsection (a) of this Section, and a
copy of the | 19 |
| judgment or certification described in subsection (a) of | 20 |
| this
Section. The original judgment shall be
retained by | 21 |
| the clerk.
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| (2) The clerk shall mail to the employer, at the | 23 |
| address appearing in the
affidavit, the copy of the | 24 |
| judgment
or certification described in subsection (a) of | 25 |
| this Section, the summons,
the interrogatories, and the | 26 |
| wage deduction notice required by subsection (a)
of this | 27 |
| Section, by certified or registered mail, return
receipt | 28 |
| requested, showing to whom delivered and the date and | 29 |
| address of
delivery. This Mailing shall be mailed on a | 30 |
| "restricted delivery"
basis when service is directed to a | 31 |
| natural person. The envelope and return
receipt shall bear | 32 |
| the return address of the clerk, and the return receipt
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| shall be stamped with the docket number of the case. The | 34 |
| 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.
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| (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
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| mailed.
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| (4) The clerk shall note the fact of service in a | 10 |
| permanent record.
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| (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.
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| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
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| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
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| Sec. 12-808. Duty of employer.
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| (a) An employer served as herein provided shall pay the
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| employee the amount of his or her exempt wages.
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| (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
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| earnings shall terminate sooner if the employment relationship | 28 |
| is
terminated or if the underlying judgment is vacated or | 29 |
| modified.
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| (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 |
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| for the judgment creditor any non-exempt wages due or that
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| subsequently come due. The attorney for the judgment creditor | 3 |
| shall thereafter
hold the deducted wages subject to further | 4 |
| order of the court and shall make
answer to the court regarding | 5 |
| amounts received from the federal agency
employer. The federal | 6 |
| agency employer's periodic payments shall be considered
a | 7 |
| sufficient answer to the interrogatories.
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| (c) Except as provided in subsection (b-5),
the employer | 9 |
| shall file, on or before the return date or within the
further | 10 |
| time that the court for cause may allow, a written answer under
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| oath to the interrogatories, setting forth the amount due as | 12 |
| wages to
the judgment debtor for the payroll periods ending | 13 |
| immediately prior to the service of the summons and a summary | 14 |
| of the
computation used to determine the amount of non-exempt | 15 |
| wages. Except as
provided in subsection (b-5), the
employer | 16 |
| shall mail by first class mail or hand deliver a copy of the
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| answer to the judgment debtor at the address specified in the | 18 |
| affidavit
filed under Section 12-805 of this Act, or at any | 19 |
| other address or location
of the judgment debtor known to the | 20 |
| employer.
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| A lien obtained hereunder shall have priority over any | 22 |
| subsequent
lien obtained hereunder, except that liens for the | 23 |
| support of a spouse
or dependent children shall have priority | 24 |
| over all other liens obtained
hereunder. Subsequent summonses | 25 |
| shall be effective in the order in which they are served.
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| (d) The Illinois Supreme Court may by rule allow an | 27 |
| employer to file
answers to interrogatories by facsimile | 28 |
| transmission.
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| (e) Pursuant to answer under oath to the interrogatories by | 30 |
| the employer,
an order shall be entered compelling the employer | 31 |
| to deduct from wages of the
judgment debtor subject to | 32 |
| collection under a deduction order an amount not to
exceed the | 33 |
| lesser of (i) 15% of the gross amount of the wages or (ii) the
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| amount by which disposable earnings for a week exceed 45 times |
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| the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) | 2 |
| of Title 29 of the United
States Code, as amended, in effect at | 3 |
| the time the amounts are payable, for
each pay period in which | 4 |
| statutory exemptions under Section 12-804 and child
support | 5 |
| garnishments, if any, leave funds to be remitted or, under a | 6 |
| wage deduction summons served on or after January 1, 2006, the | 7 |
| minimum hourly wage prescribed by Section 4 of the Minimum Wage | 8 |
| Law, whichever is greater . The order shall
further provide that | 9 |
| deducted wages shall be remitted to the creditor or
creditor's | 10 |
| attorney on a monthly basis.
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| (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2006.".
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