Full Text of HB0530 96th General Assembly
HB0530ham002 96TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 3/10/2010
|
|
09600HB0530ham002 |
|
LRB096 03817 AJO 38416 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 530
| 2 |
| AMENDMENT NO. ______. Amend House Bill 530, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Sections 2-1303, 12-805, 12-808, and 12-811 as | 7 |
| follows:
| 8 |
| (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
| 9 |
| Sec. 2-1303. Interest on judgment. | 10 |
| (a) This subsection (a) is operative through December 31, | 11 |
| 2012 and is inoperative on and after January 1, 2013. Judgments | 12 |
| recovered in
any court shall draw interest at the rate of 9% | 13 |
| per annum from the date
of the judgment until satisfied or 6% | 14 |
| per annum when the judgment debtor is a unit
of local | 15 |
| government, as defined in Section 1 of Article VII of the | 16 |
| Constitution,
a school district, a community college district, |
|
|
|
09600HB0530ham002 |
- 2 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| or any other governmental
entity ; provided that if the judgment | 2 |
| debtor qualifies for relief under subsection (b), the court may | 3 |
| reduce the interest rate to as low as 3% per annum . When | 4 |
| judgment is entered upon any award, report or verdict, interest
| 5 |
| shall be computed at the above rate, from the time when made or | 6 |
| rendered
to the time of entering judgment upon the same, and | 7 |
| included in the judgment.
Interest shall be computed and | 8 |
| charged only on the unsatisfied portion of
the judgment as it | 9 |
| exists from time to time. The judgment debtor may by
tender of | 10 |
| payment of judgment, costs and interest
accrued to the date of | 11 |
| tender, stop the further accrual of interest on such
judgment | 12 |
| notwithstanding the prosecution of an appeal, or other steps to
| 13 |
| reverse, vacate or modify the judgment.
| 14 |
| (a-5) This subsection (a-5) is inoperative through | 15 |
| December 31, 2012 and is operative on and after January 1, | 16 |
| 2013. Judgments recovered in
any court shall draw interest at | 17 |
| the rate of 9% per annum from the date
of the judgment until | 18 |
| satisfied or 6% per annum when the judgment debtor is a unit
of | 19 |
| local government, as defined in Section 1 of Article VII of the | 20 |
| Constitution,
a school district, a community college district, | 21 |
| or any other governmental
entity. When judgment is entered upon | 22 |
| any award, report or verdict, interest
shall be computed at the | 23 |
| above rate, from the time when made or rendered
to the time of | 24 |
| entering judgment upon the same, and included in the judgment.
| 25 |
| Interest shall be computed and charged only on the unsatisfied | 26 |
| portion of
the judgment as it exists from time to time. The |
|
|
|
09600HB0530ham002 |
- 3 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| judgment debtor may by
tender of payment of judgment, costs and | 2 |
| interest
accrued to the date of tender, stop the further | 3 |
| accrual of interest on such
judgment notwithstanding the | 4 |
| prosecution of an appeal, or other steps to
reverse, vacate or | 5 |
| modify the judgment. | 6 |
| (b) This subsection (b) is operative through December 31, | 7 |
| 2012 and is inoperative on and after January 1, 2013. The court | 8 |
| may, pursuant to Section 12-811, enter an order reducing the | 9 |
| amount of wages withheld and reducing the rate of interest a | 10 |
| judgment debtor is obligated to pay on the judgment, if the | 11 |
| court finds that the judgment debtor is a "family supporter" | 12 |
| and the full wage deduction would result in a denial of | 13 |
| necessities to the judgment debtor's dependent. The term | 14 |
| "family supporter" means an individual who actually supports | 15 |
| and resides with one or more dependents. The term "dependent" | 16 |
| means a child under the age of 18 who resides with and is | 17 |
| supported by the judgment debtor or a disabled person who | 18 |
| resides with and is supported by the judgment debtor and whose | 19 |
| relationship with the judgment debtor is that of parent, | 20 |
| stepparent, son, daughter, sibling, uncle, aunt, grandparent, | 21 |
| or ward. A reduction in the rate of interest on a judgment | 22 |
| ordered by the court shall be prospective only and the court | 23 |
| may reduce the rate of interest to as low as 3% per annum. | 24 |
| Subsequent to the entry of an order reducing the rate of | 25 |
| interest on a judgment pursuant to this subsection, any party | 26 |
| may request that a prospective readjustment in the rate be |
|
|
|
09600HB0530ham002 |
- 4 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| made, based on a relevant change in circumstances. | 2 |
| (Source: P.A. 85-907.)
| 3 |
| (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
| 4 |
| Sec. 12-805. Summons; Issuance.
| 5 |
| (a) This subsection (a) is operative through December 31, | 6 |
| 2012 and is inoperative on and after January 1, 2013. Upon the | 7 |
| filing by a judgment creditor, its attorney or other designee
| 8 |
| of (1) an affidavit that the affiant believes any person is | 9 |
| indebted to the
judgment debtor for wages due or to become due, | 10 |
| as provided in Part 8 of
Article XII of this Act, and includes | 11 |
| the last address of the judgment
debtor known to the affiant as | 12 |
| well as the name of the judgment debtor, and
a certification by | 13 |
| the judgment creditor or his attorney that, before
filing the | 14 |
| affidavit, the wage deduction notice has been mailed to the
| 15 |
| judgment debtor by first class mail at the judgment debtor's | 16 |
| last known
address, and (2) written interrogatories to be | 17 |
| answered by the employer
with respect to the indebtedness, the | 18 |
| clerk of the court in which the
judgment was entered shall | 19 |
| issue summons against the person named in the
affidavit as | 20 |
| employer commanding the employer to appear in the court and
| 21 |
| answer the interrogatories in writing under oath. The | 22 |
| interrogatories shall
elicit all the information necessary to | 23 |
| determine the proper amount of
non-exempt wages. The | 24 |
| interrogatories shall require that the employer
certify that a | 25 |
| copy of the completed interrogatories as specified in
|
|
|
|
09600HB0530ham002 |
- 5 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| subsection (c) of Section 12-808 has been mailed or hand | 2 |
| delivered to the
judgment debtor and shall be in a form | 3 |
| consistent with local court rules.
The summons shall further | 4 |
| command federal agency employers, upon effective
service of | 5 |
| summons pursuant to 5 USC 5520a, to commence to pay over | 6 |
| deducted
wages in accordance with Section 12-808.
The summons | 7 |
| shall be in a form consistent with local court rules. The
| 8 |
| summons shall be accompanied by a copy of the underlying | 9 |
| judgment or a
certification by the clerk of the court that | 10 |
| entered the judgment, or by
the attorney for the judgment | 11 |
| creditor, setting forth the date and amount
of the
judgment,
| 12 |
| allowable costs expended, interest accumulated, credits paid | 13 |
| by or on behalf
of the judgment debtor and the balance due the | 14 |
| judgment creditor, and one copy of
a wage deduction notice in | 15 |
| substantially the following form:
| 16 |
| "WAGE DEDUCTION NOTICE
| 17 |
| (Name and address of Court)
| 18 |
| Name of Case: (Name of Judgment Creditor),
| 19 |
| Judgment Creditor v.
| 20 |
| (Name of Judgment Debtor),
| 21 |
| Judgment Debtor.
| 22 |
| Address of Judgment Debtor: (Insert last known address)
| 23 |
| Name and Address of Attorney for Judgment
| 24 |
| Creditor or of Judgment Creditor (if no
| 25 |
| attorney is listed): (Insert name and address)
| 26 |
| Amount of Judgment: $..........
|
|
|
|
09600HB0530ham002 |
- 6 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| Employer: (Name of Employer)
| 2 |
| Return Date: (Insert return date specified in summons)
| 3 |
| 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.
| 8 |
| The amount of wages that may be deducted is limited by | 9 |
| federal and
Illinois law.
| 10 |
| (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
| 14 |
| 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.
| 18 |
| (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.
| 23 |
| (3) Pension and retirement benefits and refunds may be | 24 |
| claimed as
exempt from wage deduction under Illinois law.
| 25 |
| (4) Under Illinois law, the court may enter an order | 26 |
| reducing the amount of wages withheld and reducing the rate |
|
|
|
09600HB0530ham002 |
- 7 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| of interest a judgment debtor is obligated to pay on the | 2 |
| judgment, if the court finds that the judgment debtor is a | 3 |
| "family supporter" and the full wage deduction would result | 4 |
| in a denial of necessities to the judgment debtor's | 5 |
| dependent. | 6 |
| You have the right to request a hearing before the court
to | 7 |
| dispute the wage deduction because either the wages are exempt | 8 |
| or you are a "family supporter" and are requesting (1) a | 9 |
| reduction in the amount of the wage deduction because the full | 10 |
| wage deduction would result in a denial of necessities to your | 11 |
| dependent or (2) a reduction in the interest rate on the | 12 |
| judgment if the court determines that you are a family | 13 |
| supporter and entitled to relief taking into consideration the | 14 |
| needs of your dependent and your ability to meet those needs. | 15 |
| "Dependent" means a child under the age of 18 who resides with | 16 |
| and is supported by the judgment debtor or a disabled person | 17 |
| who resides with and is supported by the judgment debtor and | 18 |
| whose relationship with the judgment debtor is that of parent, | 19 |
| stepparent, son, daughter, sibling, uncle, aunt, grandparent, | 20 |
| or ward. You are a "family supporter" if you actually support | 21 |
| and reside with a child under the age of 18 or you reside with | 22 |
| and support a disabled person who is your parent, stepparent, | 23 |
| son, daughter, sibling, uncle, aunt, grandparent, or ward . To | 24 |
| obtain a
hearing in counties with a population of 1,000,000 or | 25 |
| more, you
must notify the Clerk of the Court in person and in | 26 |
| writing at (insert
address of Clerk) before the Return Date |
|
|
|
09600HB0530ham002 |
- 8 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| specified above or appear
in court on the date and time on that | 2 |
| Return Date. To obtain a
hearing in counties with a population | 3 |
| of less than 1,000,000, you
must notify the Clerk of the Court | 4 |
| in writing at (insert address of
clerk) on or before the Return | 5 |
| Date specified above.
The Clerk of the Court will provide a | 6 |
| hearing date and the necessary
forms that must be prepared by | 7 |
| you or your attorney and
sent to the judgment creditor and the | 8 |
| employer, or their attorney,
regarding the time and location of | 9 |
| the hearing. This notice may be sent by
regular first class | 10 |
| mail."
| 11 |
| (a-5) This subsection (a-5) is inoperative through | 12 |
| December 31, 2012 and is operative on and after January 1, | 13 |
| 2013. Upon the filing by a judgment creditor, its attorney or | 14 |
| other designee
of (1) an affidavit that the affiant believes | 15 |
| any person is indebted to the
judgment debtor for wages due or | 16 |
| to become due, as provided in Part 8 of
Article XII of this | 17 |
| Act, and includes the last address of the judgment
debtor known | 18 |
| to the affiant as well as the name of the judgment debtor, and
| 19 |
| a certification by the judgment creditor or his attorney that, | 20 |
| before
filing the affidavit, the wage deduction notice has been | 21 |
| mailed to the
judgment debtor by first class mail at the | 22 |
| judgment debtor's last known
address, and (2) written | 23 |
| interrogatories to be answered by the employer
with respect to | 24 |
| the indebtedness, the clerk of the court in which the
judgment | 25 |
| was entered shall issue summons against the person named in the
| 26 |
| affidavit as employer commanding the employer to appear in the |
|
|
|
09600HB0530ham002 |
- 9 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| court and
answer the interrogatories in writing under oath. The | 2 |
| interrogatories shall
elicit all the information necessary to | 3 |
| determine the proper amount of
non-exempt wages. The | 4 |
| interrogatories shall require that the employer
certify that a | 5 |
| copy of the completed interrogatories as specified in
| 6 |
| subsection (c) of Section 12-808 has been mailed or hand | 7 |
| delivered to the
judgment debtor and shall be in a form | 8 |
| consistent with local court rules.
The summons shall further | 9 |
| command federal agency employers, upon effective
service of | 10 |
| summons pursuant to 5 USC 5520a, to commence to pay over | 11 |
| deducted
wages in accordance with Section 12-808.
The summons | 12 |
| shall be in a form consistent with local court rules. The
| 13 |
| summons shall be accompanied by a copy of the underlying | 14 |
| judgment or a
certification by the clerk of the court that | 15 |
| entered the judgment, or by
the attorney for the judgment | 16 |
| creditor, setting forth the date and amount
of the
judgment,
| 17 |
| allowable costs expended, interest accumulated, credits paid | 18 |
| by or on behalf
of the judgment debtor and the balance due the | 19 |
| judgment creditor, and one copy of
a wage deduction notice in | 20 |
| substantially the following form:
| 21 |
| "WAGE DEDUCTION NOTICE
| 22 |
| (Name and address of Court)
| 23 |
| Name of Case: (Name of Judgment Creditor),
| 24 |
| Judgment Creditor v.
| 25 |
| (Name of Judgment Debtor),
| 26 |
| Judgment Debtor.
|
|
|
|
09600HB0530ham002 |
- 10 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| Address of Judgment Debtor: (Insert last known address)
| 2 |
| Name and Address of Attorney for Judgment
| 3 |
| Creditor or of Judgment Creditor (if no
| 4 |
| attorney is listed): (Insert name and address)
| 5 |
| Amount of Judgment: $..........
| 6 |
| Employer: (Name of Employer)
| 7 |
| Return Date: (Insert return date specified in summons)
| 8 |
| NOTICE: The court shall be asked to issue a wage deduction | 9 |
| summons against
the employer named above for wages due or about | 10 |
| to become due to you.
The wage deduction summons may be issued | 11 |
| on the basis of a judgment against
you in favor of the judgment | 12 |
| creditor in the amount stated above.
| 13 |
| The amount of wages that may be deducted is limited by | 14 |
| federal and
Illinois law.
| 15 |
| (1) Under Illinois law, the amount of wages that may be | 16 |
| deducted is
limited to the lesser of (i) 15% of gross | 17 |
| weekly wages or (ii) the amount
by which disposable | 18 |
| earnings for a week exceed the total of 45 times the
| 19 |
| federal minimum hourly wage or, under a wage deduction | 20 |
| summons served on or after January 1, 2006, the minimum | 21 |
| hourly wage prescribed by Section 4 of the Minimum Wage | 22 |
| Law, whichever is greater.
| 23 |
| (2) Under federal law, the amount of wages that may be | 24 |
| deducted is
limited to the lesser of (i) 25% of disposable | 25 |
| earnings for a week or (ii)
the amount by which disposable | 26 |
| earnings for a week exceed 30 times the
federal minimum |
|
|
|
09600HB0530ham002 |
- 11 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| hourly wage.
| 2 |
| (3) Pension and retirement benefits and refunds may be | 3 |
| claimed as
exempt from wage deduction under Illinois law.
| 4 |
| You have the right to request a hearing before the court
to | 5 |
| dispute the wage deduction because the wages are exempt. To | 6 |
| obtain a
hearing in counties with a population of 1,000,000 or | 7 |
| more, you
must notify the Clerk of the Court in person and in | 8 |
| writing at (insert
address of Clerk) before the Return Date | 9 |
| specified above or appear
in court on the date and time on that | 10 |
| Return Date. To obtain a
hearing in counties with a population | 11 |
| of less than 1,000,000, you
must notify the Clerk of the Court | 12 |
| in writing at (insert address of
clerk) on or before the Return | 13 |
| Date specified above.
The Clerk of the Court will provide a | 14 |
| hearing date and the necessary
forms that must be prepared by | 15 |
| you or your attorney and
sent to the judgment creditor and the | 16 |
| employer, or their attorney,
regarding the time and location of | 17 |
| the hearing. This notice may be sent by
regular first class | 18 |
| mail."
| 19 |
| (b) This subsection (b) is operative through December 31, | 20 |
| 2012 and is inoperative on and after January 1, 2013. In a | 21 |
| county with a population of less than 1,000,000, unless | 22 |
| otherwise
provided by circuit court rule, at the request of the | 23 |
| judgment creditor or his
or her attorney and instead of | 24 |
| personal service, service of a summons for a
wage deduction may | 25 |
| be made as follows:
| 26 |
| (1) For each employer to be served, the judgment |
|
|
|
09600HB0530ham002 |
- 12 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| creditor or his or her
attorney shall pay to the clerk of | 2 |
| the court a fee of $2, plus the cost of
mailing, and | 3 |
| furnish to the clerk an original and one copy of a
summons, | 4 |
| an original and one copy of the interrogatories and an | 5 |
| affidavit
setting forth the employer's mailing address, an | 6 |
| original and one copy of
the wage deduction notice required | 7 |
| by subsection (a) of this Section, and a
copy of the | 8 |
| judgment or certification described in subsection (a) of | 9 |
| this
Section. The original judgment shall be
retained by | 10 |
| the clerk.
| 11 |
| (2) The clerk shall mail to the employer, at the | 12 |
| address appearing in the
affidavit, the copy of the | 13 |
| judgment
or certification described in subsection (a) of | 14 |
| this Section, the summons,
the interrogatories, and the | 15 |
| wage deduction notice required by subsection (a)
of this | 16 |
| Section, by certified or registered mail, return
receipt | 17 |
| requested, showing to whom delivered and the date and | 18 |
| address of
delivery. This Mailing shall be mailed on a | 19 |
| "restricted delivery"
basis when service is directed to a | 20 |
| natural person. The envelope and return
receipt shall bear | 21 |
| the return address of the clerk, and the return receipt
| 22 |
| shall be stamped with the docket number of the case. The | 23 |
| receipt for certified
or registered mail shall state the | 24 |
| name and address of the
addressee, the date of the mailing, | 25 |
| shall identify the documents mailed, and
shall be attached | 26 |
| to the original summons.
|
|
|
|
09600HB0530ham002 |
- 13 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| (3) The return receipt must be attached to the original | 2 |
| summons and, if it
shows delivery at least 3 days before | 3 |
| the return date, shall
constitute proof
of service of any | 4 |
| documents identified on the return receipt as having been
| 5 |
| mailed.
| 6 |
| (4) The clerk shall note the fact of service in a | 7 |
| permanent record.
| 8 |
| (b-5) This subsection (b-5) is inoperative through | 9 |
| December 31, 2012 and is operative on and after January 1, | 10 |
| 2013. In a county with a population of less than 1,000,000, | 11 |
| unless otherwise
provided by circuit court rule, at the request | 12 |
| of the judgment creditor or his
or her attorney and instead of | 13 |
| personal service, service of a summons for a
wage deduction may | 14 |
| be made as follows:
| 15 |
| (1) For each employer to be served, the judgment | 16 |
| creditor or his or her
attorney shall pay to the clerk of | 17 |
| the court a fee of $2, plus the cost of
mailing, and | 18 |
| furnish to the clerk an original and one copy of a
summons, | 19 |
| an original and one copy of the interrogatories and an | 20 |
| affidavit
setting forth the employer's mailing address, an | 21 |
| original and one copy of
the wage deduction notice required | 22 |
| by subsection (a-5) of this Section, and a
copy of the | 23 |
| judgment or certification described in subsection (a-5) of | 24 |
| this
Section. The original judgment shall be
retained by | 25 |
| the clerk.
| 26 |
| (2) The clerk shall mail to the employer, at the |
|
|
|
09600HB0530ham002 |
- 14 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| address appearing in the
affidavit, the copy of the | 2 |
| judgment
or certification described in subsection (a-5) of | 3 |
| this Section, the summons,
the interrogatories, and the | 4 |
| wage deduction notice required by subsection (a-5)
of this | 5 |
| Section, by certified or registered mail, return
receipt | 6 |
| requested, showing to whom delivered and the date and | 7 |
| address of
delivery. This Mailing shall be mailed on a | 8 |
| "restricted delivery"
basis when service is directed to a | 9 |
| natural person. The envelope and return
receipt shall bear | 10 |
| the return address of the clerk, and the return receipt
| 11 |
| shall be stamped with the docket number of the case. The | 12 |
| receipt for certified
or registered mail shall state the | 13 |
| name and address of the
addressee, the date of the mailing, | 14 |
| shall identify the documents mailed, and
shall be attached | 15 |
| to the original summons.
| 16 |
| (3) The return receipt must be attached to the original | 17 |
| summons and, if it
shows delivery at least 3 days before | 18 |
| the return date, shall
constitute proof
of service of any | 19 |
| documents identified on the return receipt as having been
| 20 |
| mailed.
| 21 |
| (4) The clerk shall note the fact of service in a | 22 |
| permanent record. | 23 |
| (c) Instead of personal service, a summons for a wage | 24 |
| deduction may
be served and returned in the manner provided by | 25 |
| Supreme Court rule for
service, otherwise than by publication, | 26 |
| of a notice for additional relief upon
a
party in default.
|
|
|
|
09600HB0530ham002 |
- 15 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| (Source: P.A. 94-306, eff. 1-1-06.)
| 2 |
| (735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
| 3 |
| Sec. 12-808. Duty of employer.
| 4 |
| (a) An employer served as herein provided shall pay the
| 5 |
| employee the amount of his or her exempt wages.
| 6 |
| (b) To the extent of the amount due upon the judgment and | 7 |
| costs, the
employer shall hold, subject to order of court, any | 8 |
| non-exempt wages due or
which subsequently come due. The | 9 |
| judgment or balance due thereon is
a lien on wages due at the | 10 |
| time of the service of summons, and such lien
shall continue as | 11 |
| to subsequent earnings until the total amount due upon
the | 12 |
| judgment and costs is paid, except that such lien on subsequent
| 13 |
| earnings shall terminate sooner if the employment relationship | 14 |
| is
terminated or if the underlying judgment is vacated or | 15 |
| modified.
| 16 |
| (b-5) If the employer is a federal agency employer and the | 17 |
| creditor is
represented by an attorney, then the employer, upon | 18 |
| service of summons and to
the extent of the amount due upon the | 19 |
| judgment and costs, shall commence to pay
over to the attorney | 20 |
| for the judgment creditor any non-exempt wages due or that
| 21 |
| subsequently come due. The attorney for the judgment creditor | 22 |
| shall thereafter
hold the deducted wages subject to further | 23 |
| order of the court and shall make
answer to the court regarding | 24 |
| amounts received from the federal agency
employer. The federal | 25 |
| agency employer's periodic payments shall be considered
a |
|
|
|
09600HB0530ham002 |
- 16 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| sufficient answer to the interrogatories.
| 2 |
| (c) Except as provided in subsection (b-5),
the employer | 3 |
| shall file, on or before the return date or within the
further | 4 |
| time that the court for cause may allow, a written answer under
| 5 |
| oath to the interrogatories, setting forth the amount due as | 6 |
| wages to
the judgment debtor for the payroll periods ending | 7 |
| immediately prior to the service of the summons and a summary | 8 |
| of the
computation used to determine the amount of non-exempt | 9 |
| wages. Except as
provided in subsection (b-5), the
employer | 10 |
| shall mail by first class mail or hand deliver a copy of the
| 11 |
| answer to the judgment debtor at the address specified in the | 12 |
| affidavit
filed under Section 12-805 of this Act, or at any | 13 |
| other address or location
of the judgment debtor known to the | 14 |
| employer.
| 15 |
| A lien obtained hereunder shall have priority over any | 16 |
| subsequent
lien obtained hereunder, except that liens for the | 17 |
| support of a spouse
or dependent children shall have priority | 18 |
| over all other liens obtained
hereunder. Subsequent summonses | 19 |
| shall be effective in the order in which they are served.
| 20 |
| (d) The Illinois Supreme Court may by rule allow an | 21 |
| employer to file
answers to interrogatories by facsimile | 22 |
| transmission.
| 23 |
| (e) Pursuant to answer under oath to the interrogatories by | 24 |
| the employer,
an order shall be entered compelling the employer | 25 |
| to deduct from wages of the
judgment debtor subject to | 26 |
| collection under a deduction order an amount which is the |
|
|
|
09600HB0530ham002 |
- 17 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| lesser of (i) 15% of the gross amount of the wages or (ii) the
| 2 |
| amount by which disposable earnings for a week exceed 45 times | 3 |
| the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) | 4 |
| of Title 29 of the United
States Code, as amended, in effect at | 5 |
| the time the amounts are payable, for
each pay period in which | 6 |
| statutory exemptions under Section 12-804 and child
support | 7 |
| garnishments, if any, leave funds to be remitted or, under a | 8 |
| wage deduction summons served on or after January 1, 2006, the | 9 |
| minimum hourly wage prescribed by Section 4 of the Minimum Wage | 10 |
| Law, whichever is greater. The order shall
further provide that | 11 |
| deducted wages shall be remitted to the creditor or
creditor's | 12 |
| attorney on a monthly basis.
| 13 |
| (f) If after the entry of a deduction order, the employer | 14 |
| ceases to remit funds to the plaintiff pursuant to the order | 15 |
| without a lawful excuse (which would terminate the employer's | 16 |
| obligation under the deduction order such as the debtor having | 17 |
| filed a bankruptcy, the debtor having left employment or the | 18 |
| employer having received service of a support order against the | 19 |
| judgment debtor having priority over the wage deduction | 20 |
| proceedings), the court shall, upon plaintiff's motion, enter a | 21 |
| conditional judgment against the employer for the balance due | 22 |
| on the judgment. The plaintiff may then issue a Summons After | 23 |
| Conditional Judgment. After service of the Summons After | 24 |
| Conditional Judgment, the employer may show cause why the | 25 |
| conditional judgment, or some portion thereof should not be | 26 |
| made a final judgment. If the employer shall fail to respond or |
|
|
|
09600HB0530ham002 |
- 18 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| show cause why the conditional judgment or some portion thereof | 2 |
| should not be
made final, the court shall confirm the | 3 |
| conditional judgment and make it final as to the employer plus | 4 |
| additional court costs.
| 5 |
| (g) This subsection (g) is operative through December 31, | 6 |
| 2012 and is inoperative on and after January 1, 2013. | 7 |
| Notwithstanding any other provision, the court may enter an | 8 |
| order reducing the amount of wages withheld, if the court finds | 9 |
| that the judgment debtor is a family supporter and the full | 10 |
| wage deduction would result in a denial of necessities to his | 11 |
| or her dependent. The term "family supporter" means an | 12 |
| individual who actually supports and resides with one or more | 13 |
| dependents. The term "dependent" means a child under the age of | 14 |
| 18 who resides with and is supported by the judgment debtor or | 15 |
| a disabled person who resides with and is supported by the | 16 |
| judgment debtor and whose relationship with the judgment debtor | 17 |
| is that of parent, stepparent, son, daughter, sibling, uncle, | 18 |
| aunt, grandparent, or ward. | 19 |
| (Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
| 20 |
| (735 ILCS 5/12-811) (from Ch. 110, par. 12-811)
| 21 |
| Sec. 12-811. Trial and judgment.
| 22 |
| (a) The judgment creditor or the judgment debtor may | 23 |
| contest the truth or
sufficiency of the employer's answer and, | 24 |
| in accordance with local court
rules, the court shall | 25 |
| immediately, unless for good cause the hearing is
postponed, |
|
|
|
09600HB0530ham002 |
- 19 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| proceed to try the issues. The answer of the employer may be
| 2 |
| contested without further pleading.
| 3 |
| (b) This subsection (b) is operative through December 31, | 4 |
| 2012 and is inoperative on and after January 1, 2013. At any | 5 |
| time on or before the return date, the judgment debtor may
| 6 |
| request a hearing to dispute the wage deduction because the | 7 |
| wages are
exempt or to reduce the amount of wages withheld | 8 |
| because the judgment debtor is a family supporter under this | 9 |
| Section by notifying the clerk of court before that time, using | 10 |
| forms as may
be provided by the clerk of the court. To obtain a | 11 |
| hearing
in counties with a population of 1,000,000 or more, the | 12 |
| judgment debtor
must notify the clerk of court in person and in | 13 |
| writing at the clerk's office
before the return date specified | 14 |
| in the summons or appear in court on the
date and time | 15 |
| specified in the summons. To obtain a hearing in counties
with | 16 |
| a population of less than 1,000,000, the judgment debtor must | 17 |
| notify
the clerk of the court in writing at the clerk's office | 18 |
| on or before the
return date specified in the summons. The | 19 |
| Clerk of Court will provide a
hearing date and the necessary | 20 |
| forms that must be prepared by the judgment
debtor or the | 21 |
| attorney for the judgment debtor and sent to the judgment
| 22 |
| creditor and the employer, or their attorney, regarding the | 23 |
| time and
location of the hearing. This notice may be sent by | 24 |
| regular first class
mail. At the hearing the court shall | 25 |
| immediately, unless for good cause the
hearing is continued, | 26 |
| proceed to try the issues.
|
|
|
|
09600HB0530ham002 |
- 20 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| (b-5) This subsection (b-5) is inoperative through | 2 |
| December 31, 2012 and is operative on and after January 1, | 3 |
| 2013. At any time on or before the return date, the judgment | 4 |
| debtor may
request a hearing to dispute the wage deduction | 5 |
| because the wages are
exempt by notifying the clerk of court | 6 |
| before that time, using forms as may
be provided by the clerk | 7 |
| of the court. To obtain a hearing
in counties with a population | 8 |
| of 1,000,000 or more, the judgment debtor
must notify the clerk | 9 |
| of court in person and in writing at the clerk's office
before | 10 |
| the return date specified in the summons or appear in court on | 11 |
| the
date and time specified in the summons. To obtain a hearing | 12 |
| in counties
with a population of less than 1,000,000, the | 13 |
| judgment debtor must notify
the clerk of the court in writing | 14 |
| at the clerk's office on or before the
return date specified in | 15 |
| the summons. The Clerk of Court will provide a
hearing date and | 16 |
| the necessary forms that must be prepared by the judgment
| 17 |
| debtor or the attorney for the judgment debtor and sent to the | 18 |
| judgment
creditor and the employer, or their attorney, | 19 |
| regarding the time and
location of the hearing. This notice may | 20 |
| be sent by regular first class
mail. At the hearing the court | 21 |
| shall immediately, unless for good cause the
hearing is | 22 |
| continued, proceed to try the issues. | 23 |
| (b-10) This subsection (b-10) is operative through | 24 |
| December 31, 2012 and is inoperative on and after January 1, | 25 |
| 2013. Notwithstanding any other provision, the court may enter | 26 |
| an order reducing the amount of wages withheld and reduce the |
|
|
|
09600HB0530ham002 |
- 21 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| rate of interest the judgment debtor is obligated to pay on the | 2 |
| judgment, if the court finds that the judgment debtor is a | 3 |
| family supporter and the full wage deduction would result in a | 4 |
| denial of necessities to his or her dependent. For purposes of | 5 |
| this Section: | 6 |
| (1) "family supporter" means an individual who | 7 |
| actually supports and resides with one or more dependents; | 8 |
| and | 9 |
| (2) "dependent" means a child under the age of 18 who | 10 |
| resides with and is supported by the judgment debtor or a | 11 |
| disabled person who resides with and is supported by the | 12 |
| judgment debtor and whose relationship with the judgment | 13 |
| debtor is that of parent, stepparent, son, daughter, | 14 |
| sibling, uncle, aunt, grandparent, or ward. | 15 |
| (c) The trial shall be conducted as in other civil cases.
| 16 |
| (d) If the finding is against an employer, a deduction | 17 |
| order shall
be entered against the employer and in favor of the | 18 |
| judgment debtor to
whom the employer is indebted, in the same | 19 |
| manner as if the facts are
admitted.
| 20 |
| (e) No deduction order shall be entered in favor of the | 21 |
| judgment
creditor unless the affidavit filed by the judgment | 22 |
| creditor certifies that
a copy of the wage deduction notice has | 23 |
| been mailed to the judgment debtor,
under Section 12-805, and | 24 |
| the employer's answer provides a summary of the
computation | 25 |
| used to determine the amount of non-exempt wages.
If the | 26 |
| employer is a federal agency employer, a deduction order shall |
|
|
|
09600HB0530ham002 |
- 22 - |
LRB096 03817 AJO 38416 a |
|
| 1 |
| be
entered in favor of the judgment creditor if (i) the | 2 |
| affidavit filed by the
judgment creditor certifies that a copy | 3 |
| of the wage deduction notice has been
mailed to the judgment | 4 |
| debtor under Section 12-805 and (ii) the federal agency
| 5 |
| employer identifies, on or with its periodic payments made | 6 |
| under subsection
(b-5) of Section 12-808, the computation | 7 |
| method used to determine the amount of
non-exempt wages. A | 8 |
| federal agency employer shall not be required to provide a
| 9 |
| summary of the computation used to determine the amount of | 10 |
| non-exempt wages.
| 11 |
| (Source: P.A. 89-28, eff. 6-23-95.)
| 12 |
| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2011.".
|
|