Wage Deduction Summons

IN THE CIRUIT COURT OF THE FOURTH JUDICIAL CIRCUIT CLERK MONTGOMERY COUNTY ILLINOIS Plaintiff ) No. vs. ) ) Defendant ) ) ) Address of emplo yer: ) and ) ) Employer ) WAGE DEDUCTION SUMMONS To the employer: s, in the office of the Clerk of this Court Illinois, on or before , 20 . (21 to 40 days after issuance of summons) However, if this summons is served on you less than 3 days before that date, you must file answers to the interrogatories on or before a new return date, to be set by the court, not less than 21 days after you were served with this summons. This proceeding applies to non-exempt wages due at the time you were served with this summons and to wages which become due thereafter until the balance due on the judgment is paid. IF YOU FAIL TO ANSWER, A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID. FEDERAL AGENCY EMPLOYERS: Effective upon service of this summons and pursuant to 5 USC 552(a), you are to commence to pay over deducted wages to the attorney for the judgment creditor in accordance with 732 ILCS 5/12-808. To the officer: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so indorsed. This summons may not be served later than the above date. Witness , 20 . (Clerk of the Court) (Seal of the court) By Name Attorney for Address Original to Court City Copy to Employer Telephone American LegalNet, Inc. www.FormsWorkFlow.com SERVICE PAGE (Return original to Court after Service) ( Service and return . . . . . . . . . . . . . . . . . . . . . . . $ ( ( Miles . . . . . . . . . . . . . . . . . . ( ( Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ I certify that I served this summons on defendants as follows: (a)------- (Individual defendants personal): (The officer or other person making service, shall (a) identify as to sex, race and approximate age of the defendant with whom the summons was left, and (b) state the place where (whenever possible, in terms of an exact street address) and the date and time of the day when the summons was left with the defendant.) (b)------- (Individual defendants abode): By leaving a copy and a copy of the complaint at the usual place of abode of each individual defendant with a person of the family or a person residing there, of the age of 13 years or upwards, informing that person of the contents of the summons. (the officer or other person making service, shall (a) identify as to sex, race and approximate age of the person, other than the defendant, with whom the summons was left; and (b) state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with such person.) and also by sending a copy of the summons and of the complaint in a sealed envelope with postage fully prepaid, addressed to each individual defendant at his or her usual place of abode, as follows: Name of defendant Mailing Address Date of mailing (c)------- (Corporation defendants): By leaving a copy and a copy of the complaint with the registered agent, office or agent of each defendant corporation, as follows: Defendant corporation Registered agent, officer or agent Date of service (d)------- (Other service): , Sheriff of County By Deputy American LegalNet, Inc. www.FormsWorkFlow.com TITLE III OF THE FEDERAL CONSUMER PROTECTION ACT RESTRICTIONS OF GARNISHMENT Sec. 301. (a) The Congress finds: (1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit: Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. (2) The application of garnishmen disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. (3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country. (b) On the basis of findings stated in subsection (a) of this section, the Congress determines that the provisions of this title are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws. (82 Stat. 163; 15 USC 1671.) Sec. 302. For the purposes of this title: (a) commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (b) The te earnings of any amounts required by law to be withheld. (c) rnings of any individual are required to be withheld for payment of any debt. (82 Stat. 163; 15 USC 1672) Sec 303. (a) Except as provided in subsection (b) and in section 305, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). (b) The restrictions of subsection (a) do not apply in the case of (1) any order of any court for the support of any person. (2) any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act. (3) any debt due for any State or Federal tax (c) No court of the United States or any State may make, execute, or enforce any order or process in violation of this section. (82 Stat. 163; 15 USC 1673) Sec 304. (a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (82 Stat. 163; 15 USC 1674) Sec 305. The Secretary of Labor may by regulation exempt from the provisions of section 303 (a) garnishments issued under the laws of any State if he determines that the laws of the State provide restrictions on garnishments which are substantially similar to those provided in section 303 (a). (82 Stat. 164; 15 USC 1675) Sec 306. The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this Title. (82 Stat. 164; 15 USC 1676) Sec 307. This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State (1) prohibiting garnishments or providing for more limited garnishments than are allowed under this title, or (2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness. (82 Stat. 164; 15 USC 1677.) American LegalNet, Inc. www.FormsWorkFlow.com