reglab/housing_qa huggingface dataset:
735 ILCS 5/12-806
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-806)Sec. 12-806. Service and return of summons. Summons shall be returnable  not less than 21 nor more than 40 days after the date of  issuance.  Summons  with one copy of the interrogatories and one copy of the judgment or  certification and one copy of the wage deduction notice specified in  Section 12-805 of this Act shall be served on the employer and returned as  in other civil cases as provided by Illinois Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default.If the employer is served with summons less than 3 days prior to  the  return date, the court shall continue the case to a new return date not  less than 21 days after the service of the summons.  (Source: P.A. 101-191, eff. 8-2-19.)
735 ILCS 5/12-807
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-807)Sec. 12-807. Failure of employer to appear.(a) If an employer fails  to appear and answer as required by Part 8 of Article XII of this Act, the  court may enter a conditional judgment against the  employer for the amount due upon the judgment against the judgment  debtor. A summons to confirm the conditional judgment may issue against  the employer returnable not less than 21 nor more than 40 days after the  date of issuance, commanding the employer to show cause why the judgment  should not be made final. Service of the summons after conditional judgment shall be as provided by Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default. If the employer, after being served with  summons to confirm the conditional judgment or after being notified as  provided in subsection (b) hereof, fails to appear and answer, the court  shall confirm such judgment to the amount of the judgment against the  judgment debtor and award costs. If the employer appears and  answers, the same proceedings may be had as in other cases.(b) If an employer becomes a non-resident, goes out of this State,  or is concealed within this State so that the summons to confirm the  conditional judgment cannot be served upon him or her, upon the filing by the  plaintiff or his or her agent of an affidavit as in cases of non-resident  defendants in attachments, the employer may be notified in the same  manner as a non-resident defendant in attachment; and upon notice being  given to him or her as above stated, he or she may be proceeded against in  the same manner as if he or she had been personally served with summons to  confirm the conditional judgment.  (Source: P.A. 101-191, eff. 8-2-19.)
735 ILCS 5/12-808.5
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

Sec. 12-808.5. Certification of judgment balance. Whenever a wage  deduction order has not been fully satisfied by the end of the first full  calendar quarter following the date of service of the wage deduction  summons:(1) The judgment creditor or his attorney shall     prepare a certification that states the amount of the judgment remaining unsatisfied as of the last calendar day of each full calendar quarter for which the wage deduction order continues in effect.(2) The certification shall be mailed or delivered to     the employer by the judgment creditor or his or her attorney within 15 days after the end of each calendar quarter for which the wage deduction order continues in effect.  The employer shall hand deliver or mail by first class mail a copy of the certification to the judgment debtor at the judgment debtor's last known address.(3) In the event that the plaintiff fails to provide     the certification required by this Section, the employer must continue to withhold funds from the defendant's wages but may hold the  funds without remitting to the plaintiff until such time as it receives a certification required by this Section. A certification of judgment balance need not be filed with the court.(4) Any party to the wage deduction proceeding may,     upon motion with notice to all other parties, ask the court to review the balance due claimed by the judgment creditor.       (Source: P.A. 95-661, eff. 1-1-08.)
735 ILCS 5/12-809
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-809)Sec. 12-809.     Offsetting claims.     The employer is entitled to assert  against indebtedness due  to the judgment debtor offsetting claims against either or both the  judgment creditor and the judgment debtor, whether (1) due at the time  of service of the summons or thereafter to become due and (2) liquidated  or unliquidated, except demands for unliquidated claims for actions  sounding in tort. The employer is liable for the balance of indebtedness  due the judgment debtor after the offsetting claims are adjusted. The  verdict or finding and judgment shall show the amount of offsetting  claims or deductions allowed against each party.    (Source: P.A. 82-280.)
735 ILCS 5/12-810
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-810)Sec. 12-810.     Adverse claims.     (a) In the event any indebtedness or  other property due from  or in the possession of an employer is claimed by any other person, the court  shall permit the claimant to appear and maintain his or her claim. A claimant  not voluntarily appearing shall be served with notice in person or by  certified or registered mail. If a claimant fails to appear after being  served with notice in the manner directed, he or she shall be concluded by the  judgment entered in the proceeding against any claim on the wages  involved in that proceeding.(b) If the adverse claimant appears and, within the time the court  allows, files his or her claim and serves a copy thereof upon the judgment  creditor and the employer, he or she is then a party to the proceeding, and his  or her claim shall be tried and determined with the other issues in the action.  If the adverse claimant is entitled to all or part of the indebtedness  or other property, the court shall enter judgment in accordance with the  interest of the parties.    (Source: P.A. 82-280.)
735 ILCS 5/12-811
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-811)Sec. 12-811.     Trial and judgment.(a) The judgment creditor or the judgment debtor may contest the truth or  sufficiency of the employer's answer and, in accordance with local court  rules, the court shall immediately, unless for good cause the hearing is  postponed, proceed to try the issues. The answer of the employer may be  contested without further pleading.(b) At any time on or before the return date, the judgment debtor may  request a hearing to dispute the wage deduction because the wages are  exempt by notifying the clerk of court before that time, using forms as may  be provided by the clerk of the court. To obtain a hearing  in counties with a population of 1,000,000 or more, the judgment debtor  must notify the clerk of court in person and in writing at the clerk's office  before the return date specified in the summons or appear in court on the  date and time specified in the summons.  To obtain a hearing in counties  with a population of less than 1,000,000, the judgment debtor must notify  the clerk of the court in writing at the clerk's office on or before the  return date specified in the summons.  The Clerk of Court will provide a  hearing date and the necessary forms that must be prepared by the judgment  debtor or the attorney for the judgment debtor 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. At the hearing the court shall immediately, unless for good cause the  hearing is continued, proceed to try the issues.(c) The trial shall be conducted as in other civil cases.(d) If the finding is against an employer, a deduction order shall  be entered against the employer and in favor of the judgment debtor to  whom the employer is indebted, in the same manner as if the facts are  admitted.(e) No deduction order shall be entered in favor of the judgment  creditor unless the affidavit filed by the judgment creditor certifies that  a copy of the wage deduction notice has been mailed to the judgment debtor,  under Section 12-805, and the employer's answer provides a summary of the  computation used to determine the amount of non-exempt wages.  If the employer is a federal agency employer, a deduction order shall be  entered in favor of the judgment creditor if (i) the affidavit filed by the  judgment creditor certifies that a copy of the wage deduction notice has been  mailed to the judgment debtor under Section 12-805 and (ii) the federal agency  employer identifies, on or with its periodic payments made under subsection  (b-5) of Section 12-808, the computation method used to determine the amount of  non-exempt wages.  A federal agency employer shall not be required to provide a  summary of the computation used to determine the amount of non-exempt wages.    (Source: P.A. 89-28, eff. 6-23-95.)
735 ILCS 5/12-812
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-812)Sec. 12-812.     Effect of order.     A deduction order against an employer  shall be enforceable  as in other civil cases and shall discharge the employer of all claims by  the judgment debtor for the indebtedness paid, delivered or accounted  for by the employer by virtue of the order. The discharge of an employer  is no bar to an action by the judgment debtor for the same claim.Entry of the deduction order shall discharge the federal agency employer of  all claims by the judgment debtor for the indebtedness paid and delivered by  the employer and accounted for by the attorney for the judgment creditor under  this Section.    (Source: P.A. 89-28, eff. 6-23-95.)
735 ILCS 5/12-813
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-813)Sec. 12-813.     Judgment by confession.     A judgment by confession without  service of process on the  defendant shall not be the basis for seeking a deduction order, unless  such judgment is confirmed after service of process by a trial de novo,  as if such confession of judgment had not been obtained,  except that if it appears by the return of the officer on the first summons  that the employee is not found, alias summonses subsequently issued may  be served upon the employee by leaving a copy thereof with the employee's  employer, or leaving a copy thereof at the usual place of business of the  employer with his or her superintendent, manager, cashier, general agent  or clerk, pursuant to an affidavit filed by the creditor with the clerk  of the court stating the identity of the employee's employer, and that the  employee is actively employed at the time such alias is sought, and except that if  a notice of defense has been filed  to a wage  assignment as provided in Section 4.1 of "An Act to promote the welfare  of wage earners by regulating the assignment of wages, and prescribing a  penalty for the violation thereof", approved July 1, 1935, as amended, the  debtor may be served by registered or  certified mail within 6 months after the filing of such defense on a  wage assignment in the action to confirm the judgment by confession and  such mailing by the creditor to the address shown on the notice of  defense shall constitute service of the summons.    (Source: P.A. 83-707.)
735 ILCS 5/12-814
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-814)Sec. 12-814. Costs and fees.(a) The costs of obtaining a deduction order shall be charged to the  judgment debtor, unless the court determines, in its discretion, that costs  incurred by the judgment creditor were improperly incurred, in which case  those costs shall be paid by the judgment creditor.(b) No fee shall be paid by an employer for filing his or her appearance,  answer or satisfaction of judgment against him or her.(c) A fee consisting of 2% of the amount  required to be deducted by any deduction order shall be allowed and paid  to the employer, and the amount so paid shall be charged to the judgment  debtor.(d) No other fee shall be paid to an employer at the time of service  of the summons or at any other time thereafter unless he or she is subpoenaed  to appear as a witness, in which case he or she is entitled to witness fees as  in other civil cases.       (Source: P.A. 95-661, eff. 1-1-08.)
735 ILCS 5/12-815
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-815)Sec. 12-815.     Death of employer.     Upon the death of an employer the procedure  shall be the  same as in the case of the death of a defendant in other civil cases.    (Source: P.A. 82-280.)
735 ILCS 5/12-816
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-816)Sec. 12-816.     Assignment, transfer or other disposition.     No assignment,  transfer or other disposition by an heir or  distributee of his or her interest in the possession of an administrator or executor  shall defeat the deduction order, unless (1) prior to the service of  summons upon the administrator or executor, the transfer or other  disposition is reduced to writing and (2) the writing is filed in the  office of the clerk of the court appointing the executor or  administrator.    (Source: P.A. 82-280.)
735 ILCS 5/12-817
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-817)Sec. 12-817.     Wrongful issuance of summons.     If any person wrongfully  causes summons to issue for a  deduction order, he or she shall be liable to the employee and the employer for  all damages occasioned by such action including reasonable attorney's  fees, which damages or attorney's fees may be proved in the same action  in which the summons was wrongfully issued.    (Source: P.A. 82-280.)
735 ILCS 5/12-818
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-818)Sec. 12-818.     Discharge or suspension of employee prohibited.     No employer may discharge or suspend any employee by reason of the  fact that his or her earnings have been subjected to a deduction order for any  one indebtedness. Any person violating this Section shall be guilty of a  Class A misdemeanor.    (Source: P.A. 82-280.)
735 ILCS 5/12-819
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-819)Sec. 12-819. Limitations on Part 8 of Article XII. The provisions of  this Part 8 of Article XII of this Act  do not apply to orders for withholding of income entered by the court under  provisions of The Illinois Public Aid Code, the Illinois Marriage and  Dissolution  of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support  Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for  support of a child or maintenance of a spouse.  (Source: P.A. 99-85, eff. 1-1-16.)
735 ILCS 5/Art. XII Pt. 9 heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 Part 9.      Exemption of Homestead
735 ILCS 5/12-901
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

          (from Ch. 110, par. 12-901)Sec. 12-901. Amount. Every individual  is entitled to an estate of  homestead to the extent in value of $15,000 of his or her  interest in  a farm or lot of land and  buildings thereon, a condominium, or personal property,  owned or rightly possessed by lease or otherwise  and occupied by him or her as a residence, or in a cooperative that owns  property that the individual uses as a residence.  That  homestead and all  right in and title to that homestead is exempt from  attachment, judgment, levy,  or judgment sale for the payment of his or her debts or other purposes and  from the laws of conveyance, descent, and legacy, except as provided in this  Code or in Section 20-6 of  the Probate Act of  1975. This  Section is not  applicable  between joint tenants or tenants in common but it is applicable as to any  creditors of those persons.  If 2 or more individuals own property that is exempt as a homestead, the  value of the exemption of each individual may not exceed his or her  proportionate share of $30,000 based upon percentage of  ownership.       (Source: P.A. 94-293, eff. 1-1-06.)
735 ILCS 5/12-902
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-902)Sec. 12-902.     Exemption after death or desertion.     Such exemption shall  continue after the death of such  individual, for the benefit of the spouse surviving,  so long as he or she continues to occupy such homestead, and of the children  until the youngest child becomes 18 years of age; and in case the spouse  deserts his or her family, the exemption shall continue in favor of the  one occupying the premises as a residence.    (Source: P.A. 82-783.)
735 ILCS 5/12-903
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-903)Sec. 12-903. Extent of exemption. No property shall, by virtue of Part  9 of this Article, be exempt  from sale for  nonpayment of taxes or assessments, or for a debt or liability incurred  for the purchase or improvement thereof, or for enforcement of a lien  thereon pursuant to paragraph (g)(1)  of Section 9 of the "Condominium  Property Act", approved June 20, 1963, as amended,  or be exempt from enforcement of an eviction order   pursuant to paragraph (a)(7) or (a)(8) of Section 9-102 of this Code.This amendatory Act of the 92nd General Assembly is intended as a  clarification of existing law and not as a new enactment.  (Source: P.A. 100-173, eff. 1-1-18.)
735 ILCS 5/12-903.5
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

Sec. 12-903.5. Drug asset forfeitures.(a) The homestead exemption under this Part 9 of Article XII does not apply  to property subject to forfeiture under Section 505 of the Illinois Controlled  Substances Act, Section 12 of the Cannabis Control Act, Section 85 of the Methamphetamine Control and Community Protection Act, or Section 5 of the  Narcotics Profit Forfeiture Act.(b) This Section applies to actions pending on or commenced on or after the  effective date of this Section.       (Source: P.A. 94-556, eff. 9-11-05.)
735 ILCS 5/12-904
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

          (from Ch. 110, par. 12-904)Sec. 12-904. Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be  valid, unless the same is in writing, signed by the individual  and his  or her spouse, if he or she have one, or possession is abandoned or  given pursuant to the conveyance; or if the exception is continued to a  child or children without the order of a court directing a release  thereof; but if a conveyance is made by an individual  as grantor to his  or her spouse, such conveyance shall be effectual to pass the title  expressed therein to be conveyed thereby, whether or not the grantor in  such conveyance is joined therein by his or her spouse.  In any case  where such release, waiver or conveyance is taken by way of  mortgage or security, the same shall only be operative as to such  specific release, waiver or conveyance; and when the same includes  different pieces of land, or the homestead is of greater value than  $15,000, the other lands shall first be sold before resorting to  the  homestead, and in case of the sale of such homestead, if any balance  remains after the payment of the debt and costs, such balance  shall, to the extent of $15,000 be exempt, and be applied upon  such  homestead exemption in the manner provided by law.       (Source: P.A. 94-293, eff. 1-1-06.)
735 ILCS 5/12-905
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-905)Sec. 12-905.     Dissolution of marriage.     In case of a dissolution of marriage,  the court granting the dissolution of marriage may  dispose of the homestead estate according to the equities of the case.    (Source: P.A. 82-280.)
735 ILCS 5/12-906
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

          (from Ch. 110, par. 12-906)Sec. 12-906. Proceeds of sale. When a homestead is conveyed by the owner  thereof, such  conveyance shall not subject the premises to any lien or incumbrance to  which it would not be subject in the possession of such owner; and the  proceeds thereof, to the extent of the amount of $15,000, shall  be  exempt from judgment or other process, for one year after the receipt  thereof, by the person entitled to the exemption, and if reinvested in a  homestead the same shall be entitled to the same exemption as the  original homestead.       (Source: P.A. 94-293, eff. 1-1-06.)
735 ILCS 5/12-907
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-907)Sec. 12-907.     Insurance proceeds.     Whenever a building, exempted as a  homestead, is insured in  favor of the person entitled to the exemption, and a loss occurs,  entitling such person to the insurance, such insurance money shall be  exempt to the same extent as the building would have been had it not  been destroyed.    (Source: P.A. 82-280.)
735 ILCS 5/12-908
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (from Ch. 110, par. 12-908)Sec. 12-908.     Enforcement of lien.     In the enforcement of a lien in  the circuit court upon  premises, including the homestead, if such right is not waived or  released, as provided in Part 9 of Article XII of this Act, the court  may set off the homestead  and order the sale of the balance of the premises, or, if the value of  the premises exceeds the exemption, and the premises cannot be divided, the court  may order the sale of the whole and the payment of the amount of the  exemption to the person entitled thereto.    (Source: P.A. 83-707.)