735 ILCS 5/12-808
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-808)Sec. 12-808. Duty of employer.(a) An employer served as herein provided shall pay the  employee the amount of his or her exempt wages.(b) To the extent of the amount due upon the judgment and costs, the  employer shall hold, subject to order of court, any non-exempt wages due or  which subsequently come due.  The judgment or balance due thereon is  a lien on wages due at the time of the service of summons, and such lien  shall continue as to subsequent earnings until the total amount due upon  the judgment and costs is paid, except that such lien on subsequent  earnings shall terminate sooner if the employment relationship is  terminated or if the underlying judgment is vacated or modified.(b-5) If the employer is a federal agency employer and the creditor is  represented by an attorney, then the employer, upon service of summons and to  the extent of the amount due upon the judgment and costs, shall commence to pay  over to the attorney for the judgment creditor any non-exempt wages due or that  subsequently come due.  The attorney for the judgment creditor shall thereafter  hold the deducted wages subject to further order of the court and shall make  answer to the court regarding amounts received from the federal agency  employer.  The federal agency employer's periodic payments shall be considered  a sufficient answer to the interrogatories.(c) Except as provided in subsection (b-5),  the employer shall file, on or before the return date or within the  further time that the court for cause may allow, a written answer under  oath to the interrogatories, setting forth the amount due as wages to  the judgment debtor for the payroll periods ending immediately prior to the service of the summons and a summary of the  computation used to determine the amount of non-exempt wages.  Except as  provided in subsection (b-5), the  employer shall mail by first class mail or hand deliver a copy of the  answer to the judgment debtor at the address specified in the affidavit  filed under Section 12-805 of this Act, or at any other address or location  of the judgment debtor known to the employer.A lien obtained hereunder shall have priority over any subsequent  lien obtained hereunder, except that liens for the support of a spouse  or dependent children shall have priority over all other liens obtained  hereunder.  Subsequent summonses shall be effective in the order in which they are served.(d) The Illinois Supreme Court may by rule allow an employer to file  answers to interrogatories by facsimile transmission.(e) Pursuant to answer under oath to the interrogatories by the employer,  an order shall be entered compelling the employer to deduct from wages of the  judgment debtor subject to collection under a deduction order an amount which is the lesser of (i) 15% of the gross amount of the wages or (ii) the  amount by which disposable earnings for a week exceed 45 times the Federal  Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United  States Code, as amended, in effect at the time the amounts are payable, for  each pay period in which statutory exemptions under Section 12-804 and child  support garnishments, if any, leave funds to be remitted or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater.  The order shall  further provide that deducted wages shall be remitted to the creditor or  creditor's attorney on a monthly basis.(f) If after the entry of a deduction order, the employer ceases to remit funds to the plaintiff pursuant to the order without a lawful excuse (which would terminate the employer's obligation under the deduction order such as the debtor having filed a bankruptcy, the debtor having left employment or the employer having received service of a support order against the judgment debtor having priority over the wage deduction proceedings), the court shall, upon plaintiff's motion, enter a conditional judgment against the employer for the balance due on the judgment. The plaintiff may then issue a Summons After Conditional Judgment. After service of the Summons After Conditional Judgment, the employer may show cause why the conditional judgment, or some portion thereof should not be made a final judgment. If the employer shall fail to respond or show cause why the conditional judgment or some portion thereof should not be  made final, the court shall confirm the conditional judgment and make it final as to the employer plus additional court costs.       (Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)