Form 97 - Wage Deduction Summons Form Page 2
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1
2SHERIFF'S FEES
Service and return ........................................................................... $ _______________
Miles __________ ........................................................................... $ _______________
Total ..............................................................................................
$ _______________
____________________________________________
Sheriff of _______________________________ County
I certify that I served this summons on defendants as follows:
(Check appropriate box, and complete information below)
(c)—(Employer):
By leaving a copy of the complaint with the registered agent, officer, or agent of Employer.
Name of Person Summons given to: _______________________________________________________________________
DUTY OF EMPLOYER
735 ILCS 5/12-808
(a) An employer served as herein provided shall pay the employee the amount of his or her exempt wages.
(b) To the extent of the amount due upon the judgment and costs, the employer shall hold, subject to order of court, any
nonexempt wages due or subsequently come due. The judgment or balance due thereon is a lien on wages due at the time
of the service of summons, and such lien shall continue as to subsequent earnings until the total amount due upon the
judgment and costs is paid except that such lien on subsequent earnings shall terminate sooner if the employment
relationship is terminated or if the underlying judgment is vacated or modified.
(b-5)If the employer is a federal agency employer and the creditor is represented by an attorney, then the employer, upon service
of summons and to the extent of the amount due upon the judgment and costs, shall commence to pay over to the attorney
for the judgment creditor any non-exempt wages due or that subsequently come due. The attorney for the judgment creditor
shall thereafter hold the deducted wages subject to further order of the Court and shall make answer to the court regarding
amounts received from the federal agency employer. The federal agency employer's periodic payments shall be considered
a sufficient answer to the interrogatories.
(c) Except as provided in subsection (b-5), the employer shall file, on or before the return date, or within the further time that
the court for cause may allow, a written answer under oath to the interrogatories, setting forth the amount due as wages to
the judgment debtor for the payroll periods ending immediately prior to and a summary of the computation used to determine
the amount of non-exempt wages. Except as provided in subsection (b-5), the employer shall mail by first class mail or hand
deliver a copy of the answer to the judgment debtor at the address specified in the affidavit filed under Section 12-805 of
this Act, or at any other address or location of the judgment debtor known to the employer.
.
A lien obtained hereunder shall have priority over any subsequent lien obtained hereunder, except that liens for the support
of a spouse or dependant children shall have priority over all other liens obtained hereunder. Subsequent summones shall
be effective in the order in which they are served.
(d) The Illinois Supreme Court may by rule allow an employer to file answers to interrogatories by facsimile transmission.
(e) Pursuant to answer under oath to the interrogatories by the employer, an order shall be entered compelling the employer
to deduct from wages of the judgment debtor subject to collection under a deduction order an amount not to exceed the lesser
of (i) 15% of the gross amount of the wages or (ii) the amount by which disposable earnings for a week exceed 45 times the
Federal Minimum Hourly Wage prescribed by Section 206(a)(1) for Title 29 of the United States Code, as amended, or the
minimum hourly wage prescribed by Section 4 of the Illinois Minimum Wage Law, whichever is greater, in effect at the time
the amounts are payable, for each pay period in which statutory exemptions under Section 12-804 and child support
garnishments, if any, leave funds to be remitted. The order shall further provide that deducted wages shall be remitted to the
creditor or creditor's attorney on a monthly basis.
DEFINITIONS
735 ILCS 5/12-801
"Deduction order" means an order entered pursuant to Section 12-811 of this Act.
"Employer" means the person named as employer in the affidavit filed under Section 12-805
"Judgment creditor" means the recipient of any judgment, except a judgment by confession which had not been confirmed as
provided in Part 8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other compensation owed by an employer to a judgment
debtor.
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