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| Public Act 101-0191
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| SB0181 Enrolled | LRB101 05292 LNS 50306 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Sections 2-1402, 12-705, 12-706, 12-806, and 12-807 as |
follows:
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(735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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Sec. 2-1402. Citations to discover assets Supplementary |
proceedings.
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(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 |
supplementary
proceedings for the 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 supplementary proceeding shall
be commenced by the |
service of a citation issued by the clerk. The procedure
for |
conducting citation supplementary proceedings shall be |
prescribed by rules. It is
not a prerequisite to the |
commencement of a supplementary proceeding that a
certified |
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copy of the judgment has been returned wholly or partly |
unsatisfied.
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
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CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN |
THE COUNTY JAIL."
The court shall not grant a continuance of |
the citation supplementary proceeding except
upon good cause |
shown.
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(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,
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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 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
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mailing of the citation and citation notice to the judgment |
debtor, except by
agreement of the parties. The citation notice |
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need not be mailed to a
corporation, partnership, or |
association. The citation notice shall be in
substantially the |
following form:
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"CITATION NOTICE
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(Name and address of Court)
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Name of Case: (Name of Judgment Creditor),
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Judgment Creditor v.
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(Name of Judgment Debtor),
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Judgment Debtor.
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Address of Judgment Debtor: (Insert last known
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address)
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Name and address of Attorney for Judgment
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Creditor or of Judgment Creditor (If no
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attorney is listed): (Insert name and address)
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Amount of Judgment: $ (Insert amount)
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Name of Person Receiving Citation: (Insert name)
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Court Date and Time: (Insert return date and time
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specified in citation)
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NOTICE: The court has issued a citation against the person |
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 |
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above, the court may compel the application of any
discovered |
income or assets toward payment on the judgment.
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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 WHICH |
MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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ABOVE:
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(1) Under Illinois or federal law, the exemptions of |
personal property
owned by the debtor include 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 |
$2,400 in
value, in any one motor vehicle, and the debtor's |
equity interest, not to
exceed $1,500 in value, in any |
implements, professional books, or tools of the
trade of |
the debtor.
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(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 $15,000, which |
homestead is exempt from judgment.
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(3) Under Illinois law, the amount of wages that may be |
applied toward a
judgment is limited to the lesser of (i) |
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15% of gross weekly wages or (ii) the
amount by which |
disposable earnings for a week exceed the total of 45 times |
the
federal minimum hourly wage or, under a wage deduction |
summons served on or after January 1, 2006, the Illinois |
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
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federal minimum hourly wage.
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(5) Pension and retirement benefits and refunds may be |
claimed as exempt
under Illinois law.
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The judgment debtor may have other possible exemptions |
under the law.
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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
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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."
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(b-1) Any citation served upon a judgment debtor who is a |
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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 |
the judgment creditor in subsection (b-1) shall be in |
substantially the following form:
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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 and supplemental proceedings |
served upon the judgment debtor, he or she answers as |
follows:
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Name:..................... |
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Home Phone Number:................. |
Home Address:.................... |
Date of Birth:...................... |
Marital Status:..................... |
I have.........dependents. |
Do you have a job? YES NO |
Company's name I work for:...................... |
Company's address:..............................
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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: |
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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 |
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:...................... |
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Stocks/Bonds..................... |
Personal computer................ |
DVD player....................... |
Television....................... |
Stove....................... |
Microwave....................... |
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:
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(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 |
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delivery and to which his or her title or right of |
possession is not
substantially disputed.
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(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
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
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of either party upon notice to the other.
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(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.
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(4) Enter any order upon or judgment against the person |
cited that
could be entered in any garnishment proceeding.
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(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, |
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.
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(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
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costs allowed by the court.
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(c-5) If a citation is directed to a judgment debtor who is |
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, |
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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).
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(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 and applied to |
the balance due on the judgment.
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(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 |
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from the enforcement of a judgment therefrom, a
deduction order |
or garnishment, belonging to the judgment debtor or to which he
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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
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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.
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(2) The court may enjoin any person, whether or not a party |
to the citation
supplementary 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
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.
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(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.
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(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.
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(i) This Section is in addition to and does not affect
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enforcement of judgments or citation proceedings supplementary |
thereto, by any other
methods now or hereafter provided by law.
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(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).
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(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 |
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Code. This subsection (k-3) shall be construed as being |
declarative of existing law and not as a new enactment. |
(k-5) If 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.
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(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 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 |
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income or assets are exempt, the court
shall proceed to |
determine whether the property which the judgment debtor
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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
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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.
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(m) The judgment or balance due on the judgment becomes a |
lien when a
citation is served in accordance with subsection |
(a) of this Section. The lien
binds nonexempt personal |
property, including money, choses in action, and
effects of the |
judgment debtor as follows:
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(1) When the citation is directed against the judgment |
debtor, upon all
personal property belonging to the |
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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.
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(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.
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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.
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This subsection (m), as added by Public Act 88-48, is a |
declaration of
existing law.
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(n) If any provision of this Act or its application to any |
person or
circumstance is held invalid, the invalidity of that |
provision or application
does not affect the provisions or |
applications of the Act that can be given
effect without the |
invalid provision or application.
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(o) The changes to this Section made by this amendatory Act |
of the 97th General Assembly apply only to citation |
supplementary proceedings commenced under this Section on or |
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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. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12; |
98-557, eff. 1-1-14.)
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(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
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Sec. 12-705. Summons.
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(a) Summons shall be returnable not less than 21 nor more |
than 40 30 days after
the date of issuance. Summons with one |
copy 4 copies of the interrogatories shall be
served and |
returned as in other civil cases. If the garnishee is served |
with
summons less than 10 days prior to the return date, the |
court shall continue
the case to a new return date 14 days |
after the return date stated on the
summons. The summons shall |
be in a form consistent with local court rules. The
summons |
shall be accompanied by a copy of the underlying judgment or a
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certification by the clerk of the court that entered the |
judgment, or by the
attorney for the judgment creditor, setting |
forth the amount of the judgment,
the name of the court and the |
number of the case and one copy of a garnishment
notice in |
substantially the following form:
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"GARNISHMENT NOTICE
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(Name and address of Court)
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Name of Case: (Name of Judgment Creditor),
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Judgment Creditor v.
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(Name of Judgment Debtor),
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Judgment Debtor.
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Address of Judgment Debtor: (Insert last known address)
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Name and address of Attorney for Judgment
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Creditor or of Judgment Creditor (If no
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attorney is listed): (Insert name and address)
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Amount of Judgment: $(Insert amount)
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Name of Garnishee: (Insert name)
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Return Date: (Insert return date specified in summons)
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NOTICE: The court has issued a garnishment summons against |
the garnishee
named above for money or property (other than |
wages) belonging to the
judgment debtor or in which the |
judgment debtor has an interest. The
garnishment summons was |
issued on the basis of a judgment against the
judgment debtor |
in favor of the judgment creditor in the amount stated above.
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The amount of money or property (other than wages) that may |
be garnished
is limited by federal and Illinois law. The |
judgment debtor has the right
to assert statutory exemptions |
against certain money or property of the
judgment debtor which |
may not be used to satisfy the judgment in the amount
stated |
above.
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Under Illinois or federal law, the exemptions of personal |
|
property owned
by the debtor include 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; workers' compensation benefits; |
veterans' benefits; circuit
breaker property tax relief |
benefits; the debtor's equity interest, not to
exceed $2,400
in |
value, in any one motor vehicle, and the debtor's equity
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interest, not to exceed $1,500
in value, in any implements, |
professional
books or tools of the trade of the debtor.
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The judgment debtor may have other possible exemptions from |
garnishment
under the law.
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The judgment debtor has the right to request a hearing |
before the court
to dispute the garnishment or to declare |
exempt from garnishment certain
money or property or both. To |
obtain a hearing in counties with a
population of 1,000,000 or |
more, the judgment debtor must
notify the Clerk of the Court in |
person and in writing at (insert address
of Clerk) before the |
return date specified above or appear in court on the
date and |
time on that return date. To obtain a hearing in counties with |
a
population of less than 1,000,000, the judgment debtor must |
notify the
Clerk of the Court in writing at (insert address of |
Clerk) on or before the
return date specified above. The Clerk |
of the Court will provide a hearing
date and the necessary |
forms that must be prepared by the judgment debtor or
the |
attorney for the judgment debtor and sent to the judgment |
|
creditor and the
garnishee regarding the time and location of |
the hearing. This notice may be
sent by regular first class |
mail."
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(b) An officer or other person authorized by law to serve |
process shall
serve the summons, interrogatories and the |
garnishment notice required by
subsection (a) of this Section |
upon the garnishee and shall, (1) within 2
business days of the |
service upon the garnishee, mail a copy of the
garnishment |
notice and the summons to the judgment debtor by first class
|
mail at the judgment debtor's address indicated in the |
garnishment notice
and (2) within 4 business days of the |
service upon the garnishee file with
the clerk of the court a |
certificate of mailing in substantially the following
form:
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"CERTIFICATE OF MAILING
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I hereby certify that, within 2 business days of service |
upon the
garnishee of the garnishment summons, interrogatories |
and garnishment
notice, I served upon the judgment debtor in |
this cause a copy of the
garnishment summons and garnishment |
notice by first class mail to the
judgment debtor's address as |
indicated in the garnishment notice.
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Date:............ .........................
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Signature"
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In the case of service of the summons for garnishment upon |
the garnishee
by certified or registered mail, as provided in |
subsection (c) of this Section,
no sooner than 2 business days |
nor later than 4 business days after the date of
mailing, the |
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clerk shall mail a copy of the garnishment notice and the |
summons
to the judgment debtor by first class mail at the |
judgment debtor's address
indicated in the garnishment notice, |
shall prepare the Certificate of Mailing
described by this |
subsection, and shall include the Certificate of Mailing in a
|
permanent record.
|
(c) In a county with a population of less than 1,000,000, |
unless otherwise
provided by circuit court rule, at the request |
of the judgment creditor or his
or her attorney and instead of |
personal service, service of a summons for
garnishment may be |
made as follows:
|
(1) For each garnishee to be served, the judgment |
creditor or his or her
attorney shall pay to the clerk of |
the court a fee of $2, plus the cost of
mailing, and |
furnish to the clerk an original and 2 copies of a summons, |
an
original and one copy of the interrogatories, an |
affidavit setting forth the
garnishee's mailing address, |
an original and 2 copies of the garnishment
notice required |
by subsection (a) of this Section, and a copy of the |
judgment
or certification described in subsection (a) of |
this Section. The original
judgment shall be retained by |
the clerk.
|
(2) The clerk shall mail to the garnishee, at the |
address appearing in the
affidavit, the copy of the |
judgment or certification described in subsection
(a) of |
this Section, the summons, the interrogatories, and the |
|
garnishment
notice required by subsection (a) of this |
Section, by certified or registered
mail, return receipt |
requested, showing to whom delivered and the date and
|
address of delivery. This Mailing shall be mailed on a |
"restricted delivery"
basis when service is directed to a |
natural person. The envelope and return
receipt shall bear |
the return address of the clerk, and the return receipt
|
shall be stamped with the docket number of the case. The |
receipt for certified
or registered mail shall state the |
name and address of the addressee, the date
of the mailing, |
shall identify the documents mailed, and shall be attached |
to
the original summons.
|
(3) The return receipt must be attached to the original |
summons and, if it
shows delivery at least 10 days before |
the day for the return date, shall
constitute proof of |
service of any documents identified on the return receipt
|
as having been mailed.
|
(4) The clerk shall note the fact of service in a |
permanent record.
|
(d) The garnishment summons may be served and returned in |
the manner provided by Supreme Court Rule for service, |
otherwise than by publication, of a notice for additional |
relief upon a party in default. |
(Source: P.A. 98-557, eff. 1-1-14; 99-78, eff. 7-20-15.)
|
(735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
|
|
Sec. 12-706. Conditional judgment. (a) When any person |
summoned as garnishee fails to appear and answer
as required by |
Part 7 of Article XII
of this Act, the court may enter a |
conditional judgment
against the garnishee for the amount due |
upon the judgment against the
judgment debtor. A summons to |
confirm the conditional judgment may issue
against the |
garnishee, to be served and returned in the same manner as |
provided by Illinois Supreme Court Rule 105, otherwise than by |
publication, of a notice for additional relief upon a party in |
default returnable in the same manner as provided in
Section |
12-705 of this Act, commanding the garnishee to show cause why |
the
judgment should not be made final. If the garnishee, 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 garnishee appears and
answers, |
the same proceedings may be had as in other cases.
|
(b) If any garnishee 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 garnishee 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. 83-707.)
|
(735 ILCS 5/12-806) (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 4 copies 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. 90-677, eff. 1-1-99.)
|
(735 ILCS 5/12-807) (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 30 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. 86-603.)
|
Section 99. Effective date. This Act takes effect upon |
