Bill Text: IL HB2377 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-04-24 - Added Co-Sponsor Rep. Kam Buckner [HB2377 Detail]

Download: Illinois-2023-HB2377-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2377 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
See Index
Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.
LRB103 27843 LNS 54221 b
A BILL FOR
HB2377 LRB103 27843 LNS 54221 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1402, 2-1602, 12-803, 12-901, 12-904,
12-906, 12-909, 12-910, 12-911, 12-912, 12-1001, and 13-206
and by adding Section 2-201.5 as follows:
(735 ILCS 5/2-201.5 new)
Sec. 2-201.5. Debtor notice.
(a) A summons issued in an action to collect a debt shall
include a separate notice containing the following language
printed prominently in large font:
"IF YOU OWE A DEBT, YOU MAY BE ABLE TO PROTECT:
Your Social Security
Your SSI
Your Public Benefits including EITC and Child Tax
Credit Stimulus Payments
Your Veterans Benefits
Your Retirement Benefits
$25,000 in Equity in a Motor Vehicle
At least $260,000 In Equity in your Home
Up to $15,000 in your Bank Accounts
YOU MAY BE ABLE TO STOP:

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Phone Calls from Debt Collectors
Verbal Abuse from Debt Collector
Threats from Debt Collectors
YOU MAY:
Request to Have the Court Review Any Agreement to
Settle Your Case
Ask for a Reasonable Payment Plan
Consult with an Attorney of Your Choice to Determine
Your Rights"
(b) The clerk of the court, in consultation with civil
legal service providers who service the applicable judicial
circuit, shall compile a list of civil legal service
providers, including their addresses and telephone numbers,
and make the list available to the public. The notice in
subsection (a) shall include the list of civil legal service
providers compiled by the clerk of the court.
(c) The clerk of the court shall cause the notice in
subsection (a) to be posted in courtrooms or in the hallway in
front of courtrooms and be available for distribution in all
courtrooms hearing cases involving debt collection matters.
(735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
Sec. 2-1402. Citations to discover assets.
(a) A judgment creditor, or his or her successor in
interest when that interest is made to appear of record, is
entitled to prosecute citations to discover assets for the

HB2377 - 3 - LRB103 27843 LNS 54221 b
purposes of examining the judgment debtor or any other person
to discover assets or income of the debtor not exempt from the
enforcement of the judgment, a deduction order or garnishment,
and of compelling the application of non-exempt assets or
income discovered toward the payment of the amount due under
the judgment. A citation proceeding shall be commenced by the
service of a citation issued by the clerk. The procedure for
conducting citation proceedings shall be prescribed by rules.
All citations issued by the clerk shall have the following
language, or language substantially similar thereto, stated
prominently on the front, in capital letters: "IF YOU FAIL TO
APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED
AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT
OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE
COUNTY JAIL." The court shall not grant a continuance of the
citation proceeding except upon good cause shown.
(b) Any citation served upon a judgment debtor or any
other person shall include a certification by the attorney for
the judgment creditor or the judgment creditor setting forth
the amount of the judgment, the date of the judgment, or its
revival date, the balance due thereon, the name of the court,
and the number of the case, and a copy of the citation notice
required by this subsection. Whenever a citation is served
upon a person or party other than the judgment debtor, the
officer or person serving the citation shall send to the
judgment debtor, within three business days of the service

HB2377 - 4 - LRB103 27843 LNS 54221 b
upon the cited party, a copy of the citation and the citation
notice, which may be sent by regular first-class mail to the
judgment debtor's last known address. In no event shall a
citation hearing be held sooner than five business days after
the mailing of the citation and citation notice to the
judgment debtor, except by agreement of the parties. The
citation notice need not be mailed to a corporation,
partnership, or association. The citation notice shall be in
substantially the following form:
"CITATION 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 Judgment
Creditor or of Judgment Creditor (If no
attorney is listed): (Insert name, and address,
email address, and phone number)
Amount of Judgment: $ (Insert amount)
Name of Person Receiving Citation: (Insert name)
Court Date and Time: (Insert return date and time
specified in citation)
NOTICE: The court has issued a citation against the person

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named above. The citation directs that person to appear in
court to be examined for the purpose of allowing the judgment
creditor to discover income and assets belonging to the
judgment debtor or in which the judgment debtor has an
interest. The citation was issued on the basis of a judgment
against the judgment debtor in favor of the judgment creditor
in the amount stated above. On or after the court date stated
above, the court may compel the application of any discovered
income or assets toward payment on the judgment.
The amount of income or assets that may be applied toward
the judgment is limited by federal and Illinois law. The
JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR BY
RESPONDING TO THIS CITATION OR ATTENDING THE COURT HEARING AT
THE DATE AND TIME ABOVE. INCOME OF ASSETS THE DEBTOR EXEMPTS OR
WHICH ARE EXEMPT BY LAW WHICH MAY NOT BE USED TO SATISFY THE
JUDGMENT IN THE AMOUNT STATED ABOVE:
(1) Under Illinois or federal law, the exemptions of
personal property owned by the debtor include, but are not
limited to, the debtor's equity interest, not to exceed
$4,000 in value, in any personal property as chosen by the
debtor; Social Security and SSI benefits; public
assistance benefits; unemployment compensation benefits;
worker's compensation benefits; veteran's benefits;
circuit breaker property tax relief benefits; the debtor's
equity interest, not to exceed $25,000 $2,400 in value, in

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any one motor vehicle; , and the debtor's equity interest,
not to exceed $7,500 $1,500 in value, in any implements,
professional books, or tools of the trade of the debtor;
and the debtor's equity interest, not to exceed $5,000 in
any household good.
(2) Under Illinois law, every person is entitled to an
estate in homestead, when it is owned and occupied as a
residence, to the extent in value of the modern homestead
exemption, at least $260,000 $15,000, which homestead is
exempt from judgment.
(3) Under Illinois law, the amount of wages that may
be applied toward a judgment is limited to the lesser of
(i) 10% 15% of gross weekly wages or (ii) the amount by
which disposable earnings for a week exceed the total of
80 45 times the State minimum hourly wage or the federal
minimum hourly wage or, under a wage deduction summons
served on or after January 1, 2006, the Illinois minimum
hourly wage, whichever is greater.
(3.5) Under State law, the amount of payment owed to
or received by the judgment debtor pursuant to an
independent contractor relationship that may be applied
toward a judgment is limited to the lesser of (i) 10% of
gross weekly wages or (ii) the amount by which disposable
earnings for a week exceed the total of 100 times the State
minimum hourly wage or the federal minimum hourly wage,
whichever is greater.

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(4) Under federal law, the amount of wages that may be
applied toward a judgment 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.
(5) Pension and retirement benefits and refunds may be
claimed as exempt under Illinois law.
The judgment debtor may have other possible exemptions
under the law.
THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
judgment debtor also has the right to seek a declaration at an
earlier date, by notifying the clerk in writing at (insert
address of clerk). When so notified, the Clerk of the Court
will obtain a prompt hearing date from the court and will
provide 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 judgment creditor's
attorney regarding the time and location of the hearing. This
notice may be sent by regular first class mail."
(b-1) Any citation served upon a judgment debtor who is a
natural person shall be served by personal service or abode
service as provided in Supreme Court Rule 105 and shall
include a copy of the Income and Asset Form set forth in
subsection (b-5).
(b-5) The Income and Asset Form required to be served by

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the judgment creditor in subsection (b-1) shall be in
substantially the following form:
INCOME AND ASSET FORM
To Judgment Debtor: Please complete this form and
bring it with you to the hearing referenced in the
enclosed citation notice. You should also bring to the
hearing any documents you have to support the information
you provide in this form, such as pay stubs and account
statements. The information you provide will help the
court determine whether you have any property or income
that can be used to satisfy the judgment entered against
you in this matter. The information you provide must be
accurate to the best of your knowledge.
If you fail to appear at this hearing, you could be
held in contempt of court and possibly arrested.
In answer to the citation proceedings served upon the
judgment debtor, he or she answers as follows:
Name:.....................
Home Phone Number:.................
Home Address:....................
Date of Birth:......................
Marital Status:.....................
I have.........dependents.
Do you have a job? YES NO

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Company's name I work for:......................
Company's address:..............................
Job:
I earn $....... per.......
If self employed, list here your business name and
address:
.............................................
Income from self employment is $......... per
year.
I have the following benefits with my employer:
.............................................
I do not have a job, but I support myself through:
Government Assistance $........ per month
Unemployment $........ per month
Social Security $........ per month
SSI $........ per month
Pension $........ per month
Other $........ per month
Real Estate:
Do you own any real estate? YES NO
I own real estate at.........., with names of other
owners
.................................................
Additional real estate I own:....................
I have a beneficial interest in a land trust. The name

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and address of the trustee is:............. The beneficial
interest is listed in my name and........................
There is a mortgage on my real estate. State the
mortgage company's name and address for each parcel of
real estate owned:
.................................................
An assignment of beneficial interest in the land trust
was signed to secure a loan from.........................
I have the following accounts:
Checking account at ..........;
account balance $......
Savings account at ..........;
account balance $......
Money market or certificate of deposit at....
Safe deposit box at..........................
Other accounts (please identify):............
I own:
A vehicle (state year, make, model, and VIN):.
Jewelry (please specify):....................
Other property described as:......................
Stocks/Bonds.....................
Personal computer................
DVD player.......................
Television.......................
Stove.......................
Microwave.......................

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Work tools.......................
Business equipment.......................
Farm equipment.......................
Other property (please specify):
.............................................
Signature:....................
(b-10) Any action properly initiated under this Section
may proceed notwithstanding an absent or incomplete Income and
Asset Form, and a judgment debtor may be examined for the
purpose of allowing the judgment creditor to discover income
and assets belonging to the judgment debtor or in which the
judgment debtor has an interest.
(c) When assets or income of the judgment debtor not
exempt from the satisfaction of a judgment, a deduction order
or garnishment are discovered, the court may, by appropriate
order or judgment:
(1) Compel the judgment debtor to deliver up, to be
applied in satisfaction of the judgment, in whole or in
part, money, choses in action, property or effects in his
or her possession or control, so discovered, capable of
delivery and to which his or her title or right of
possession is not substantially disputed.
(2) Compel the judgment debtor to pay to the judgment
creditor or apply on the judgment, in installments, a
portion of his or her income, however or whenever earned
or acquired, as the court may deem proper, having due

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regard for the reasonable requirements of the judgment
debtor and his or her family, if dependent upon him or her,
as well as any payments required to be made by prior order
of court or under wage assignments outstanding; provided
that the judgment debtor shall not be compelled to pay
income which would be considered exempt as wages under the
Wage Deduction Statute. The court may modify an order for
installment payments, from time to time, upon application
of either party upon notice to the other.
(3) Compel any person cited, other than the judgment
debtor, to deliver up any assets so discovered, to be
applied in satisfaction of the judgment, in whole or in
part, when those assets are held under such circumstances
that in an action by the judgment debtor he or she could
recover them in specie or obtain a judgment for the
proceeds or value thereof as for conversion or
embezzlement. A judgment creditor may recover a corporate
judgment debtor's property on behalf of the judgment
debtor for use of the judgment creditor by filing an
appropriate petition within the citation proceedings.
(4) Enter any order upon or judgment against the
person cited that could be entered in any garnishment
proceeding.
(5) Compel any person cited to execute an assignment
of any chose in action or a conveyance of title to real or
personal property or resign memberships in exchanges,

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clubs, or other entities in the same manner and to the same
extent as a court could do in any proceeding by a judgment
creditor to enforce payment of a judgment or in aid of the
enforcement of a judgment.
(6) Authorize the judgment creditor to maintain an
action against any person or corporation that, it appears
upon proof satisfactory to the court, is indebted to the
judgment debtor, for the recovery of the debt, forbid the
transfer or other disposition of the debt until an action
can be commenced and prosecuted to judgment, direct that
the papers or proof in the possession or control of the
debtor and necessary in the prosecution of the action be
delivered to the creditor or impounded in court, and
provide for the disposition of any moneys in excess of the
sum required to pay the judgment creditor's judgment and
costs allowed by the court.
(7) Order the unfreezing or return of wages or assets
to the debtor if the debtor demonstrates that: (i) wages
or assets that were frozen or garnished did not belong to
the debtor at the time of garnishment, (ii) wages or
assets that were frozen or garnished would have been
exempt had the debtor asserted the debtor's exemptions,
(iii) the underlying judgment is stayed or vacated, or
(iv) the wages or assets should otherwise not have been
garnished.
(c-5) If a citation is directed to a judgment debtor who is

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a natural person, no payment order shall be entered under
subsection (c) unless the Income and Asset Form was served
upon the judgment debtor as required by subsection (b-1), the
judgment debtor has had an opportunity to assert exemptions,
and the payments are from non-exempt sources.
(d) No order or judgment shall be entered under subsection
(c) in favor of the judgment creditor unless there appears of
record a certification of mailing showing that a copy of the
citation and a copy of the citation notice was mailed to the
judgment debtor as required by subsection (b).
(d-5) If upon examination the court determines that the
judgment debtor does not possess any non-exempt income or
assets, then the citation shall be dismissed.
(e) All property ordered to be delivered up shall, except
as otherwise provided in this Section, be delivered to the
sheriff to be collected by the sheriff or sold at public sale
and the proceeds thereof applied towards the payment of costs
and the satisfaction of the judgment. If the judgment debtor's
property is of such a nature that it is not readily delivered
up to the sheriff for public sale or if another method of sale
is more appropriate to liquidate the property or enhance its
value at sale, the court may order the sale of such property by
the debtor, third party respondent, or by a selling agent
other than the sheriff upon such terms as are just and
equitable. The proceeds of sale, after deducting reasonable
and necessary expenses, are to be turned over to the creditor

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and applied to the balance due on the judgment.
(f)(1) The citation may prohibit the party to whom it is
directed from making or allowing any transfer or other
disposition of, or interfering with, any property not exempt
from the enforcement of a judgment therefrom, a deduction
order or garnishment, belonging to the judgment debtor or to
which he or she may be entitled or which may thereafter be
acquired by or become due to him or her, and from paying over
or otherwise disposing of any moneys not so exempt which are
due or to become due to the judgment debtor, until the further
order of the court or the termination of the proceeding,
whichever occurs first. The third party may not be obliged to
withhold the payment of any moneys beyond double the amount of
the balance due sought to be enforced by the judgment
creditor. The court may punish any party who violates the
restraining provision of a citation as and for a contempt, or
if the party is a third party may enter judgment against him or
her in the amount of the unpaid portion of the judgment and
costs allowable under this Section, or in the amount of the
value of the property transferred, whichever is lesser.
(2) The court may enjoin any person, whether or not a party
to the citation proceeding, from making or allowing any
transfer or other disposition of, or interference with, the
property of the judgment debtor not exempt from the
enforcement of a judgment, a deduction order or garnishment,
or the property or debt not so exempt concerning which any

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person is required to attend and be examined until further
direction in the premises. The injunction order shall remain
in effect until vacated by the court or until the proceeding is
terminated, whichever first occurs.
(g) If it appears that any property, chose in action,
credit or effect discovered, or any interest therein, is
claimed by any person, the court shall, as in garnishment
proceedings, permit or require the claimant to appear and
maintain his or her right. The rights of the person cited and
the rights of any adverse claimant shall be asserted and
determined pursuant to the law relating to garnishment
proceedings.
(h) Costs in proceedings authorized by this Section shall
be allowed, assessed and paid in accordance with rules,
provided that if the court determines, in its discretion, that
costs incurred by the judgment creditor were improperly
incurred, those costs shall be paid by the judgment creditor.
(i) This Section is in addition to and does not affect
enforcement of judgments or citation proceedings thereto, by
any other methods now or hereafter provided by law.
(j) This Section does not grant the power to any court to
order installment or other payments from, or compel the sale,
delivery, surrender, assignment or conveyance of any property
exempt by statute from the enforcement of a judgment thereon,
a deduction order, garnishment, attachment, sequestration,
process or other levy or seizure.

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(k) (Blank).
(k-3) The court may enter any order upon or judgment
against the respondent cited that could be entered in any
garnishment proceeding under Part 7 of Article XII of this
Code. This subsection (k-3) shall be construed as being
declarative of existing law and not as a new enactment.
(k-5) If, after proper notice to the respondent, the court
determines that any property held by a third party respondent
is wages pursuant to Section 12-801, the court shall proceed
as if a wage deduction proceeding had been filed and proceed to
enter such necessary and proper orders as would have been
entered in a wage deduction proceeding including but not
limited to the granting of the statutory exemptions allowed by
Section 12-803 and all other remedies allowed plaintiff and
defendant pursuant to Part 8 of Article 12 of this Act.
(k-10) If a creditor discovers personal property of the
judgment debtor that is subject to the lien of a citation to
discover assets, the creditor may have the court impress a
lien against a specific item of personal property, including a
beneficial interest in a land trust. The lien survives the
termination of the citation proceedings and remains as a lien
against the personal property in the same manner that a
judgment lien recorded against real property pursuant to
Section 12-101 remains a lien on real property. If the
judgment is revived before dormancy, the lien shall remain. A
lien against personal property may, but need not, be recorded

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in the office of the recorder or filed as an informational
filing pursuant to the Uniform Commercial Code.
(l) At any citation hearing at which the judgment debtor
appears and seeks a declaration that certain of his or her
income or assets are exempt, the court shall proceed to
determine whether the property which the judgment debtor
declares to be exempt is exempt from judgment. At any time
before the return date specified on the citation, the judgment
debtor may request, in writing, a hearing to declare exempt
certain income and assets by notifying the clerk of the court
before that time, using forms as may be provided by the clerk
of the court. The clerk of the court will obtain a prompt
hearing date from the court and will provide the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor, or the judgment creditor's 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 shown that the hearing is
to be continued, shall proceed to determine whether the
property which the judgment debtor declares to be exempt is
exempt from judgment. The restraining provisions of subsection
(f) shall not apply to any property determined by the court to
be exempt.
(m) The judgment or balance due on the judgment becomes a
lien when a citation is served in accordance with subsection

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(a) of this Section. The lien binds nonexempt personal
property, including money, choses in action, and effects of
the judgment debtor as follows:
(1) When the citation is directed against the judgment
debtor, upon all personal property belonging to the
judgment debtor in the possession or control of the
judgment debtor or which may thereafter be acquired or
come due to the judgment debtor to the time of the
disposition of the citation.
(2) When the citation is directed against a third
party, upon all personal property belonging to the
judgment debtor in the possession or control of the third
party or which thereafter may be acquired or come due the
judgment debtor and comes into the possession or control
of the third party to the time of the disposition of the
citation.
The lien established under this Section does not affect
the rights of citation respondents in property prior to the
service of the citation upon them and does not affect the
rights of bona fide purchasers or lenders without notice of
the citation. The lien is effective for the period specified
by Supreme Court Rule.
This subsection (m), as added by Public Act 88-48, is a
declaration of existing law.
(n) If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity of that

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provision or application does not affect the provisions or
applications of the Act that can be given effect without the
invalid provision or application.
(o) The changes to this Section made by this amendatory
Act of the 97th General Assembly apply only to citation
proceedings commenced under this Section on or after the
effective date of this amendatory Act of the 97th General
Assembly. The requirements or limitations set forth in
subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not
apply to the enforcement of any order or judgment resulting
from an adjudication of a municipal ordinance violation that
is subject to Supreme Court Rules 570 through 579, or from an
administrative adjudication of such an ordinance violation.
(Source: P.A. 101-191, eff. 8-2-19.)
(735 ILCS 5/2-1602)
Sec. 2-1602. Revival of judgment.
(a) Except as provided in subsection (a-5), a judgment may
be revived by filing a petition to revive the judgment in the
seventh year after its entry, or in the seventh year after its
last revival, or in the twentieth year after its entry, or at
any other time within 20 years after its entry if the judgment
becomes dormant and by serving the petition and entering a
court order for revival as provided in the following
subsections. The provisions of this amendatory Act of the 96th
General Assembly are declarative of existing law.

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(a-5) A consumer debt judgment as defined in subsection
(b) of Section 2-1303 may not be revived and shall expire after
7 years from the date of entry by filing a petition to revive
the consumer debt judgment no later than 10 years after its
entry and by serving the petition and entering a court order
for revival as provided in this Section.
(b) A petition to revive a judgment shall be filed in the
original case in which the judgment was entered. The petition
shall include a statement as to the original date and amount of
the judgment, court costs expended, accrued interest, and
credits to the judgment, if any.
(c) Service of notice of the petition to revive a judgment
shall be made in accordance with Supreme Court Rule 106.
(d) An order reviving a judgment shall be for the original
amount of the judgment. The plaintiff may recover interest and
court costs from the date of the original judgment. Credits to
the judgment shall be reflected by the plaintiff in
supplemental proceedings or execution.
(e) If a judgment debtor has filed for protection under
the United States Bankruptcy Code and failed to successfully
adjudicate and remove a lien filed by a judgment creditor,
then the judgment may be revived only as to the property to
which a lien attached before the filing of the bankruptcy
action.
(f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be

HB2377 - 22 - LRB103 27843 LNS 54221 b
final, appealable, and enforceable.
(g) This Section does not apply to a child support
judgment or to a judgment recovered in an action for damages
for an injury described in Section 13-214.1, which need not be
revived as provided in this Section and which may be enforced
at any time as provided in Section 12-108.
(h) If a judgment becomes dormant during the pendency of
an enforcement proceeding against wages under Part 14 of this
Article or under Article XII, the enforcement may continue to
conclusion without revival of the underlying judgment so long
as the enforcement is done under court supervision and
includes a wage deduction order or turn over order and is
against an employer, garnishee, or other third party
respondent.
(Source: P.A. 101-168, eff. 1-1-20.)
(735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
Sec. 12-803. Wages subject to collection.
(a) The wages, salary, commissions, and bonuses subject to
collection under a deduction order, for any work week shall be
the lesser of:
(1) 10% 15% of such gross amount paid for that week; or
(2) the amount by which disposable earnings for a week
exceed 80 45 times the Federal Minimum Hourly Wage
prescribed by Section 206(a)(1) of Title 29 of the United
States Code, as amended, or, under a wage deduction

HB2377 - 23 - LRB103 27843 LNS 54221 b
summons served on or after January 1, 2006, the minimum
hourly wage prescribed by Section 4 of the Minimum Wage
Law, whichever is greater, in effect at the time the
amounts are payable.
(b) Payments owed to or received by the judgment debtor
pursuant to an independent contractor relationship that are
subject to collection are limited to the lesser of (i) 10% of
gross weekly wages or (ii) the amount by which disposable
earnings for a week exceed the total of 100 times the State
minimum hourly wage or the federal minimum hourly wage,
whichever is greater.
(c) This Section provision (and no other) applies
irrespective of the place where the compensation was earned or
payable and the State where the employee resides. No amounts
required by law to be withheld may be taken from other amounts
the amount collected by the creditor. The term "disposable
earnings" means that part of the earnings of any individual
remaining after (i) the deduction from those earnings of any
amounts required by law to be withheld and (ii) any deductions
related to employment, retirement, or health, including, but
not limited to, deductions for health, vision, and dental
insurance, deductions for transportation, required work
uniforms, retirement account related deductions, flexible
spending account deductions, and health savings account
deductions.
(c) The Secretary of Financial and Professional Regulation

HB2377 - 24 - LRB103 27843 LNS 54221 b
is authorized and empowered to adopt rules consistent with
this Section that define the terms used in this Section and as
may be necessary and appropriate to interpret, implement, and
enforce this Section.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
(735 ILCS 5/12-901) (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 the modern
homestead exemption as applied to $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. That homestead is also exempt 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. As used in this Code, "modern homestead
exemption" means the greater of $260,000 and the most recently
available median sales price of a home in the debtor's
metropolitan statistical area or county. If 2 or more

HB2377 - 25 - LRB103 27843 LNS 54221 b
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 $600,000 or the modern homestead
exemption, whichever is greater, $30,000 based upon percentage
of ownership. The modern homestead exemption protection
provided under this Section applies to all such exemptions for
the estate of homesteads available under State law, including,
but not limited to, those referenced in this Section and
Sections 12-901, 12-904, 12-906, 12-909, 12-910, 12-911, and
12-912. The metropolitan statistical area median sales price
shall be derived from any reasonably reliable data source,
including any State or federal agency, or a reasonably
credible private source including, but not limited to, an
Illinois-based statewide real estate association. If values
from different reasonably reliable sources of data differ, the
largest value shall apply. The Secretary of Financial and
Professional Regulation is authorized and empowered to adopt
rules consistent with this Section that define the terms used
in this Section and designate reasonably reliable data sources
as may be necessary and appropriate to interpret, and,
implement this Section.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-904) (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,

HB2377 - 26 - LRB103 27843 LNS 54221 b
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 the modern homestead
exemption $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 the modern
homestead exemption $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 5/12-906) (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

HB2377 - 27 - LRB103 27843 LNS 54221 b
would not be subject in the possession of such owner; and the
proceeds thereof, to the extent of the amount of the modern
homestead exemption $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 5/12-909) (from Ch. 110, par. 12-909)
Sec. 12-909. Bid for less than exempted amount. No sale
shall be made of the premises on such judgment unless a greater
sum than the modern homestead exemption $15,000 is bid
therefor. If a greater sum is not so bid, the judgment may be
set aside or modified, or the enforcement of the judgment
released, as for lack of property.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
Sec. 12-910. Proceedings to enforce judgment. If in the
opinion of the judgment creditors, or the officer holding a
certified copy of a judgment for enforcement against such
individuals, the premises claimed by him or her as exempt are
worth more than the modern homestead exemption $15,000, such
officer shall summon 3 individuals, as commissioners, who
shall, upon oath, to be administered to them by the officer,

HB2377 - 28 - LRB103 27843 LNS 54221 b
appraise the premises, and if, in their opinion, the property
may be divided without damage to the interest of the parties,
they shall set off so much of the premises, including the
dwelling house, as in their opinion is worth the modern
homestead exemption $15,000, and the residue of the premises
may be advertised and sold by such officer. Each commissioner
shall receive for his or her services the sum of $5 per day for
each day necessarily engaged in such service. The officer
summoning such commissioners shall receive such fees as may be
allowed for serving summons, but shall be entitled to charge
mileage for only the actual distance traveled from the
premises to be appraised, to the residence of the
commissioners summoned. The officer shall not be required to
summon commissioners until the judgment creditor, or some one
for him or her, shall advance to the officer one day's fees for
the commissioners, and unless the creditor shall advance such
fees the officer shall not be required to enforce the
judgment. The costs of such appraisement shall not be taxed
against the judgment debtor unless such appraisement shows
that the judgment debtor has property subject to such
judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
Sec. 12-911. Notice to judgment debtor. In case the value
of the premises is, in the opinion of the commissioners, more

HB2377 - 29 - LRB103 27843 LNS 54221 b
than the modern homestead exemption $15,000, and cannot be
divided as is provided for in Section 12-910 of this Act, they
shall make and sign an appraisal of the value thereof, and
deliver the same to the officer, who shall deliver a copy
thereof to the judgment debtor, or to some one of the family of
the age of 13 years or upwards, with a notice thereto attached
that unless the judgment debtor pays to such officer the
surplus over and above the modern homestead exemption $15,000
on the amount due on the judgment within 60 days thereafter,
such premises will be sold.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
Sec. 12-912. Sale of premises - Distribution of proceeds.
In case of such surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell
the premises, and out of the proceeds of such sale pay to such
judgment debtor the sum of the modern homestead exemption
$15,000, and apply the balance on the judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001)
Sec. 12-1001. Personal property exempt. The following
personal property, owned by the debtor, is exempt from
judgment, attachment, or distress for rent:
(a) All household goods, including, but not limited

HB2377 - 30 - LRB103 27843 LNS 54221 b
to, the debtor's and the debtor's dependents' food, eating
and cooking utensils, bedding, furniture, books,
refrigerator, stove, microwave oven, kitchen appliances,
necessary provisions, washing machine, clothes dryer,
vacuum cleaner, yard equipment, and household equipment
and tools, and all personal possessions, including, but
not limited to, clothing, pets, personal health aids,
medications, computers or similar electronic devices, and
telephones, except that a creditor may obtain court
permission to levy on any item of furniture, appliance,
electronic device, yard equipment, precious item,
utensils, set of utensils, or any other item exempt under
this subsection that has a resale value of more than
$5,000, unless that item is exempt under another
subsection. The debtor may exempt one piece of jewelry up
to a value of $10,000 The necessary wearing apparel,
bible, school books, and family pictures of the debtor and
the debtor's dependents;
(b) The debtor's equity interest, not to exceed
$15,000 $4,000 in value, in any nonexempt properties other
property;
(c) The debtor's equity interest, not to exceed
$25,000 $2,400 in value, in any one motor vehicle;
(d) The debtor's equity interest, not to exceed $7,500
$1,500 in value, in any implements, professional books,
equipment, one motor vehicle used primarily for the

HB2377 - 31 - LRB103 27843 LNS 54221 b
debtor's occupation, regulated licenses, or other tools of
the trade of the debtor;
(e) Professionally prescribed health aids for the
debtor or a dependent of the debtor;
(f) All proceeds payable because of the death of the
insured and the aggregate net cash value of any or all life
insurance and endowment policies and annuity contracts
payable to a wife or husband of the insured, or to a child,
parent, or other person dependent upon the insured, or to
a revocable or irrevocable trust which names the wife or
husband of the insured or which names a child, parent, or
other person dependent upon the insured as the primary
beneficiary of the trust, whether the power to change the
beneficiary is reserved to the insured or not and whether
the insured or the insured's estate is a contingent
beneficiary or not;
(g) The debtor's right to receive and retain:
(1) a social security benefit, unemployment
compensation, or public assistance benefit;
(2) a veteran's benefit;
(3) a disability, illness, or unemployment
benefit, including utility, rental, and foreclosure
assistance grants, down payment assistance funds,
stimulus payments, and means-tested tax credits; and
(4) alimony, support, or separate maintenance, to
the extent reasonably necessary for the support of the

HB2377 - 32 - LRB103 27843 LNS 54221 b
debtor and any dependent of the debtor.
(h) The debtor's right to receive and retain, or
property that is traceable to:
(1) an award under a crime victim's reparation
law;
(2) a payment on account of the wrongful death of
an individual of whom the debtor was a dependent, to
the extent reasonably necessary for the support of the
debtor;
(3) a payment under a life insurance contract that
insured the life of an individual of whom the debtor
was a dependent, to the extent reasonably necessary
for the support of the debtor or a dependent of the
debtor;
(4) a payment, not to exceed $30,000 $15,000 in
value plus any other amount necessary to cover the
costs of reasonable medical, rehabilitative, or
psychological treatment, on account of personal bodily
injury of the debtor or an individual of whom the
debtor was a dependent; and
(5) any restitution payments made to persons
pursuant to the federal Civil Liberties Act of 1988
and the Aleutian and Pribilof Island Restitution Act,
P.L. 100-383.
For purposes of this subsection (h), a debtor's right
to receive an award or payment shall be exempt for a

HB2377 - 33 - LRB103 27843 LNS 54221 b
maximum of 2 years after the debtor's right to receive the
award or payment accrues; property traceable to an award
or payment shall be exempt for a maximum of 5 years after
the award or payment accrues; and an award or payment and
property traceable to an award or payment shall be exempt
only to the extent of the amount of the award or payment,
without interest or appreciation from the date of the
award or payment.
(i) The debtor's right to receive and retain an award
under Part 20 of Article II of this Code relating to crime
victims' awards.
(i-5) The debtor's equity interest in any funds held
in a health savings account, flexible spending account,
medical savings account, or a health reimbursement
arrangement.
(i-10) In each bank or other regulated depository
account held by the debtor, an amount not to exceed
$10,000, until:
(1) a hearing has been held; and
(2) the debtor has been given a reasonable
opportunity to indicate to which personal property he
or she seeks to exempt under subsection (b). At which
time, the debtor may protect up to $15,000 of equity in
any nonexempt personal property. Notwithstanding the
foregoing, if the debtor, after being provided a
reasonable opportunity to indicate to which personal

HB2377 - 34 - LRB103 27843 LNS 54221 b
property he or she seeks to apply the exemption under
subsection (b), does not attend the hearing or return
the citation electing the debtor's exemptions, the
exemption in subsection (b) shall be automatically
applied to prohibit garnishment that would result in
the debtor having less than a cumulative balance of
$10,000 in his or her bank or other depository
accounts.
Upon receiving a citation to discover assets, a
financial institution shall not freeze the debtor's access
or turn over to the judgment creditor the amount in the
debtor's account that is $15,000 or less, but shall inform
the debtor, the court, and the judgment creditor of the
amount in the debtor's account. A judgment creditor may
move to recover any nonexempt fraudulent transfers as
defined in the Uniform Fraudulent Transfer Act. The debtor
may apply or stack unused wildcard personal property
exemptions to any type of unprotected asset.
A garnishment order issued against a bank or other
account shall instruct the garnishee that it is to freeze
or garnish only the amount exceeding $15,000, unless the
judgment creditor has established through a hearing as
described in Section 2-1402 that the debtor has already
claimed this exemption for a different account for the
debt.
(i-15) The debtor's interest in any prepaid burial

HB2377 - 35 - LRB103 27843 LNS 54221 b
plot, cremation services, or funeral expenses.
(j) Moneys held in an account invested in the Illinois
College Savings Pool of which the debtor is a participant
or donor and funds invested in an ABLE Account as defined
by Section 529 of the Internal Revenue Code, except the
following non-exempt contributions:
(1) any contribution to such account by the debtor
as participant or donor that is made with the actual
intent to hinder, delay, or defraud any creditor of
the debtor;
(2) any contributions to such account by the
debtor as participant during the 365 day period prior
to the date of filing of the debtor's petition for
bankruptcy that, in the aggregate during such period,
exceed the amount of the annual gift tax exclusion
under Section 2503(b) of the Internal Revenue Code of
1986, as amended, in effect at the time of
contribution; or
(3) any contributions to such account by the
debtor as participant during the period commencing 730
days prior to and ending 366 days prior to the date of
filing of the debtor's petition for bankruptcy that,
in the aggregate during such period, exceed the amount
of the annual gift tax exclusion under Section 2503(b)
of the Internal Revenue Code of 1986, as amended, in
effect at the time of contribution.

HB2377 - 36 - LRB103 27843 LNS 54221 b
For purposes of this subsection (j), "account"
includes all accounts for a particular designated
beneficiary, of which the debtor is a participant or
donor.
(k) The debtor's proceeds from any loan for
educational expenses, except as allowed by Title 20,
Section 1095a of the United States Code.
(l) Any additional amount of income or assets the
court finds are needed to prevent substantial hardship to
the debtor or the debtor's dependents.
Money due the debtor from the sale of any personal
property that was exempt from judgment, attachment, or
distress for rent at the time of the sale is exempt from
attachment and garnishment to the same extent that the
property would be exempt had the same not been sold by the
debtor.
If a debtor owns property exempt under this Section and he
or she purchased that property with the intent of converting
nonexempt property into exempt property or in fraud of his or
her creditors, that property shall not be exempt from
judgment, attachment, or distress for rent. Property acquired
within 6 months of the filing of the petition for bankruptcy
shall be presumed to have been acquired in contemplation of
bankruptcy.
The personal property exemptions set forth in this Section
shall apply only to individuals and only to personal property

HB2377 - 37 - LRB103 27843 LNS 54221 b
that is used for personal rather than business purposes. The
personal property exemptions set forth in this Section shall
not apply to or be allowed against any money, salary, or wages
due or to become due to the debtor that are required to be
withheld in a wage deduction proceeding under Part 8 of this
Article XII.
The Secretary of Financial and Professional Regulation is
authorized and empowered to adopt rules consistent with this
Section that define the terms used in this Section and as may
be necessary and appropriate to interpret, implement, and
enforce this Section.
(Source: P.A. 100-922, eff. 1-1-19.)
(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in
Section 2-725 of the "Uniform Commercial Code", actions on
bonds, promissory notes, bills of exchange, written leases,
written contracts, or other evidences of indebtedness in
writing and actions brought under the Illinois Wage Payment
and Collection Act shall be commenced within 10 years next
after the cause of action accrued; but if any payment or new
promise to pay has been made, in writing, on any bond, note,
bill, lease, contract, or other written evidence of
indebtedness, within or after the period of 10 years, then an
action may be commenced thereon at any time within 10 years
after the time of such payment or promise to pay. For purposes

HB2377 - 38 - LRB103 27843 LNS 54221 b
of this Section, with regard to promissory notes dated on or
after the effective date of this amendatory Act of 1997, a
cause of action on a promissory note payable at a definite date
accrues on the due date or date stated in the promissory note
or the date upon which the promissory note is accelerated.
With respect to a demand promissory note dated on or after the
effective date of this amendatory Act of 1997, if a demand for
payment is made to the maker of the demand promissory note, an
action to enforce the obligation of a party to pay the demand
promissory note must be commenced within 10 years after the
demand. An action to enforce a demand promissory note is
barred if neither principal nor interest on the demand
promissory note has been paid for a continuous period of 10
years and no demand for payment has been made to the maker
during that period.
Notwithstanding any other provisions of law, with respect
to any consumer debt judgment as defined in subsection (b) of
Section 2-1303, no person or entity may recover interest
accumulated on any indebtedness that the person or entity knew
or should have known the cause of action accrued, if an action
on that indebtedness is not brought within 5 years after the
cause of action accrued.
(Source: P.A. 95-209, eff. 8-16-07.)
Section 10. The Illinois Wage Assignment Act is amended by
changing Section 4 as follows:

HB2377 - 39 - LRB103 27843 LNS 54221 b
(740 ILCS 170/4) (from Ch. 48, par. 39.4)
Sec. 4. The maximum wages, salary, commissions, and
bonuses that may be collected by an assignee for any work week
shall not exceed the lesser of (1) 10% 15% of such gross amount
paid for that week or (2) the amount by which disposable
earnings for a week exceed 80 45 times the Federal Minimum
Hourly Wage prescribed by Section 206(a)(1) of Title 29,
U.S.C., as amended, or the minimum hourly wage prescribed by
Section 4 of the Minimum Wage Law, whichever is greater, in
effect at the time the amounts are payable. This provision
(and no other) applies irrespective of the place where the
compensation was earned or payable and the State where the
employee resides. No amounts required by law to be withheld
may be taken from the amount collected by the creditor. The
term "disposable earnings" means that part of the earnings of
any individual remaining after the deduction from those
earnings of any amounts required by law to be withheld and any
deductions related to employment, retirement, or health,
including, but not limited to, deductions for health, vision,
and dental insurance, deductions for transportation, required
work uniforms, flexible spending account deductions,
retirement account related deductions, and health savings
account deductions. If there is more than one assignment
demand received by the employer, the assignees shall collect
in the order or priority of service of the demand upon the

HB2377 - 40 - LRB103 27843 LNS 54221 b
employer, but the total of all collections shall not exceed
the amount that could have been collected if there had been one
assignment demand.
Benefits and refunds payable by pension or retirement
funds or systems, any assets of employees held by those funds
or systems, and any moneys an employee is required to
contribute to those funds or systems are exempt and are not
subject to a wage assignment under this Act.
A fee of $12 for each wage assignment shall be collected by
and paid to the employer and the amount so paid shall be
credited against the amount of the wage-earner's outstanding
debt.
(Source: P.A. 94-305, eff. 7-21-05.)
HB2377 - 41 - LRB103 27843 LNS 54221 b
INDEX
Statutes amended in order of appearance