2314C (Rev. 04/06) WAGE DEDUCTION SUMMONS UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT CASE NUMBER PLAINTIFF / PETITIONER VS. DEFENDANT / RESPONDENT COPY AND File Stamp Here EMPLOYER WAGE DEDUCTION SUMMONS To the EMPLOYER: Address: YOU ARE SUMMONED and required to file your appearance in this case in the Office of the Eighteenth Judicial Circuit Court Clerk, CHRIS KACHIROUBAS, at the DuPage County Judicial Center, 505 North County Farm Road, in Wheaton, Illinois on or before* ____________________ . However, if this / / summons is served on you less than 3 days before that date, you must file answers to the interrogatories on or before a new return date to be set by the Court, not less than 21 days after you were served with this summons. This proceeding constitutes a lien upon non-exempt wages due at the time you were served with this summons and to wages which become due thereafter until the balance due on the judgment is paid. IF YOU FAIL TO ANSWER, A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID. To the OFFICER: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately sfter service. If service cannot be made, this summons shall be returned so endorsed. This summons may not be served later than the above date. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of my office. Date: Attorney for Judgment Creditor or Judgment Creditor: PRO SE Name: DuPage Attorney Number: CHRIS KACHIROUBAS Clerk of the 18th Judicial Circuit Court Attorney for: Address: City/State/Zip: Telephone Number: Date of Service: ____________________________ (To be inserted by officer on copy left with defendant or other person.) * 21 to 40 days after date of issuance of this summons Four (4) copies of the wage deduction interrogatories, a copy of the judgment or certification of the judgment and one copy of the wage deduction notice as set forth in 735 ILCS 5/12-805, shall be sent with this summons to the Employer. CHRIS KACHIROUBAS, CLERK OF THE 18TH JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 п¹» ï ±º î American LegalNet, Inc. www.USCourtForms.com 735 ILCS 5/12-808 Illinois Compiled Statutes DUTY OF EMPLOYER (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 which 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. (c) The employer shall file, on or before the return date, or within the further time that the court for cause may allow, a written answer under oath to the interrogatories, setting forth the amount due as wages to the judgment debtor for the payroll periods ending immediately prior to the service of the summons, and a summary of the computation used to determine the amount of non-exempt wages. The employer shall mail by first class mail or hand deliver a copy of the answer to the judgment debtor at the address specified in the affidavit 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 dependent children shall have priority over all other liens obtained hereunder. Subsequent summons shall be effective in the order in which they are served. (d) Pursuant to answer under oath to the interrogatories by the employer, an order shall be entered compelling the employer to deduct from wages of the judgment debtor subject to collection under a deduction order an amount not to exceed the lesser of (1) 15% of such gross amount paid for that week, or (2) the greater of (a) the amount that the weekly disposable earnings exceeds the minimum hourly wage or (b) the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, for each pay period in which statutory exemptions under Section 12-804 and child support garnishments, if any, leave funds to be remitted or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater. 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 Illinois Compiled Statutes "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 has not been confirmed as provided in Part 8 of Article XII of this Act. "Judgment debtor" means a person against whom a judgment has been obtained. "Wages" means any hourly pay, salaries, commissions, bonuses or other compensation owed by an employer to a judgment debtor. CHRIS KACHIROUBAS, CLERK OF THE 18TH JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 п¹» î ±º î American LegalNet, Inc. www.USCourtForms.com