STATE OF ILLINOIS) )SS COUNTY OF WILL ) IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS ______________________________________________ Plaintiff VS CASE NO:______________________ Address of Employer: _____________________________ _____________________________ ______________________________________________ Defendant And Employer WAGE DEDUCTION SUMMONS YOU ARE SUMMONED and required to file answers to the judgment creditor’s interrogatories, in the office of Pamela J. McGuire, Clerk of the Twelfth Judicial Circuit, in the Will County Courthouse, 14 West Jefferson Street, Joliet, Illinois 60432, on or before ______________________________, 20_____. (21 to 40 days after issuance of this summons.) However, if this summons is served on you less than 3 days before that date, the court shall continue the case to a new return date, not less than 21 days after you were served this summons. Answers to the interrogatories must be filed on or before the new return date. You shall file on or before the return date, or within the further time that the court for cause may allow, a written answer, to the interrogatories under oath, setting forth the amount due as wages to the judgment debtor for the payroll periods ending immediately prior to the service of the summons, and a summary of the computation used to determine the amount of non-exempt wages. IF YOU FAIL TO ANSWER A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID. To the Officer: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed. This summons may not be served later than the above date. Witness: PAMELA J. McGUIRE Clerk of the Twelfth Judicial Circuit, and the seal thereof at Joliet, Illinois (Seal of Court) DATED:__________________________________ Plaintiff’s Attorney (or Plaintiff, if not represented by an attorney): __________________________________________ Attorney ARDC#____________________________ Address____________________________________ City/State___________________________________ Telephone___________________________________ _____________________________________________ Clerk of the Twelfth Judicial Circuit BY:_________________________________________ (Deputy) Date of Service:________________________________ (To be inserted by officer on copy left with employer or other person) This summons shall be accompanied by 4 copies of the wage deduction interrogatories, a copy of the judgment or certification by the Clerk of the Court that entered the Judgment or by the attorney for the judgment creditor, setting forth the date and amount of the judgment, allowable costs expended, interest accumulated, credits paid by or on behalf of the judgment debtor and the balance due the judgment creditor, and a copy of the wage deduction notice as set forth in 735 ILCS 12-805. 2000 © American LegalNet, Inc. DUTY OF EMPLOYER 735 ILCS 5/12-808 (a) An employer served as herein provided shall pay the employee the amount of his or her exempt wages. (b) To the extent of the amount due upon the judgment and costs, the employer shall hold, subject to order of court any non-exempt wages due or which subsequently come due. The judgment or balance due thereon is a lien on wages due at the 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 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 735 ILCS 5/12-805 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 summonses shall be effective in the order in which they are served. (d) The Illinois Supreme Court may by rule allow an employer to file answers to interrogatories by facsimile transmission. (e) Pursuant to answer under oath to the interrogatories by the employer, an order shall be entered compelling the employer to deduct from wages of the judgment debtor subject to collection under a deduction order an amount not to exceed the lesser of (1) 15% of the gross amount of the wages or (ii) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage prescribed by Section 206 (a) (1) of Title 29 of the United States Code, as amended, in effect at the time the amounts are payable, for each pay period in which statutory exemptions under Section 12-804 and child support garnishments, if any, leave funds to be remitted. The order shall further provide that deducted wages shall be remitted to the creditor or creditor’s attorney on a monthly basis. 2000 © American LegalNet, Inc.