735 ILCS 5/12-805
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-805)Sec. 12-805. Summons; Issuance.(a) Upon the filing by a judgment creditor, its attorney or other designee  of (1) an affidavit that the affiant believes any person is indebted to the  judgment debtor for wages due or to become due, as provided in Part 8 of  Article XII of this Act, and includes the last address of the judgment  debtor known to the affiant as well as the name of the judgment debtor, and  a certification by the judgment creditor or his attorney that, before  filing the affidavit, the wage deduction notice has been mailed to the  judgment debtor by first class mail at the judgment debtor's last known  address, and (2) written interrogatories to be answered by the employer  with respect to the indebtedness, the clerk of the court in which the  judgment was entered shall issue summons against the person named in the  affidavit as employer commanding the employer to appear in the court and  answer the interrogatories in writing under oath. The interrogatories shall  elicit all the information necessary to determine the proper amount of  non-exempt wages.  The interrogatories shall require that the employer  certify that a copy of the completed interrogatories as specified in  subsection (c) of Section 12-808 has been mailed or hand delivered to the  judgment debtor and shall be in a form consistent with local court rules.  The summons shall further command federal agency employers, upon effective  service of summons pursuant to 5 USC 5520a, to commence to pay over deducted  wages in accordance with Section 12-808.  The summons shall be in a form consistent with local court rules. The  summons shall be accompanied by a copy of the underlying judgment or a  certification by the clerk of the court that entered the judgment, or by  the attorney for the judgment creditor, setting forth the date and amount  of the  judgment,  allowable costs expended, interest accumulated, credits paid by or on behalf  of the judgment debtor and the balance due the judgment creditor, and one copy of  a wage deduction notice in substantially the following form:       "WAGE DEDUCTION NOTICE(Name and address of Court)Name of Case:  (Name of Judgment Creditor),Judgment Creditor v.(Name of Judgment Debtor),Judgment Debtor.Address of Judgment Debtor:  (Insert last known address)Name and Address of Attorney for JudgmentCreditor or of Judgment Creditor (if noattorney is listed):  (Insert name and address)Amount of Judgment:  $..........Employer:  (Name of Employer)Return Date:  (Insert return date specified in summons)       NOTICE:  The court shall be asked to issue a wage deduction summons against  the employer named above for wages due or about to become due to you.  The wage deduction summons may be issued on the basis of a judgment against  you in favor of the judgment creditor in the amount stated above.The amount of wages that may be deducted is limited by federal and  Illinois law.(1) Under Illinois law, the amount of wages that may     be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage 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.(2) Under federal law, the amount of wages that may     be deducted is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.(3) Pension and retirement benefits and refunds may     be claimed as exempt from wage deduction under Illinois law.You have the right to request a hearing before the court  to dispute the wage deduction because the wages are exempt.  To obtain a  hearing in counties with a population of 1,000,000 or more, you  must notify the Clerk of the Court in person and in writing at (insert  address of Clerk) before the Return Date specified above or appear  in court on the date and time on that Return Date.  To obtain a  hearing in counties with a population of less than 1,000,000, you  must notify the Clerk of the Court in writing at (insert address of  clerk) on or before the Return Date specified above.  The Clerk of the Court will provide a hearing date and the necessary  forms that must be prepared by you or your attorney and  sent to the judgment creditor and the employer, or their attorney,  regarding the time and location of the hearing.  This notice may be sent by  regular first class mail."(b) In a county with a population of less than 1,000,000, unless otherwise  provided by circuit court rule, at the request of the judgment creditor or his  or her attorney and instead of personal service, service of a summons for a  wage deduction may be made as follows:(1) For each employer to be served, the judgment     creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and one copy of a summons, an original and one copy of the interrogatories and an affidavit setting forth the employer's mailing address, an original and one copy of the wage deduction notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section.  The original judgment shall be retained by the clerk.(2) The clerk shall mail to the employer, at the     address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the wage deduction notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery.  This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person.  The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case.  The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.(3) The return receipt must be attached to the     original summons and, if it shows delivery at least 3 days before the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.(4) The clerk shall note the fact of service in a     permanent record.(c) Instead of personal service, a summons for a wage deduction may  be served and returned in the manner provided by Supreme Court rule for  service, otherwise than by publication, of a notice for additional relief upon  a  party in default.       (Source: P.A. 94-306, eff. 1-1-06.)