Wage Deduction Summons {20D}

Save As Print Clear IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS CASE NO: Plaintiff vs RETURN DATE: (21 to 40 days after date of issuance of summons) Defendant and TIME & LOCATION: 9:00 a.m.; 14 W. Jefferson Street, Joliet, Illinois Address of Employer: Employer WAGE DEDUCTION SUMMONS YOU ARE SUMMONED and required to file answers to the Judgment Creditor's interrogatories in the office of ANDREA L. CHASTEEN, Clerk of the Twelfth Judicial Circuit Court at the Will County Courthouse, 14 W. Jefferson Street, Joliet, Illinois 60432 on or before (21 to 40 days after date of issuance of this summons). However, if this summons is served to you less than 3 days before that date, the court shall continue the case to a new return date, not less than 21 days after you were served this summons. Answers to the interrogatories must be filed on or before the new return date. You shall file on or before the return date, or within the further time that the court for cause may allow, a written answer, to the interrogatories under oath, 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. IF YOU FAIL TO ANSWER A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID. 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 endorsed. This summons may not be served later than the above date. WITNESS (Seal of Court) (Clerk of the Circuit Court) , 20 Attorney or Party, if not represented by Attorney Name ARDC # Firm Name Attorney for Address City & Zip Telephone Date of Service , 20 (To be inserted by Officer on copy left with defendant or other person.) This summons shall be accompanied by four (4) copies of the wage deduction interrogatories, a copy of the judgment or certification by the Clerk of the Court that entered the Judgment or by the attorney for the judgment creditor, setting forth the date and the 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 a copy of the wage deduction notice as set forth in 735 ILCS 12-805. ANDREA LYNN CHASTEEN, CLERK OF THE CIRCUIT COURT OF WILL COUNTY American LegalNet, Inc. www.FormsWorkFlow.com 20D (Revised 03/17) DUTY OF EMPLOYER 735 ILCS 5/12-808 (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 tome 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. (c) 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 service of the summons, and a summary of the computation used to determine the amount of nonexempt wages. 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 under 735 ILCS 5/12-805 of the Act, or at any other address or location of the judgment 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 dependant 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 not to exceed the lesser of (1) 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. The order shall further provide that deducted wages shall be remitted to the creditor or creditor's attorney on a monthly basis. 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. DEFINITIONS 735 ILCS 5/12-801 " Deduction Order" means an order entered pursuant to 735 ILCS 5/12-811 of this Act. "Employer" means the person names as employer in the affidavit filed under 735 ILCS 5/12-805. "Judgment Creditor" means the recipient of any judgment, except a judgment by confession which has not been confirmed as provided in Part 8 of Article XII of this Act. "Judgment Debtor" Means a person against whom a judgment has been obtained. "Wages" mean a