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Wage Deduction Notice - Summons - Affidavit - Interrogatories - Illinois

Wage Deduction Notice - Summons - Affidavit - Interrogatories Form. This is a Illinois form and can be used in General St. Clair Local County .
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IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS ____________________________ Plaintiff - Judgment Creditor vs. ____________________________ Defendant - Judgment Debtor Judgment Debtor's Name____________________________ Address__________________________ City_____________________________ Phone___________________________ Attorney No.______________________ Judgment in the amount of $____________________ WAGE DEDUCTION NOTICE Case No. ________________________ (Summons Return Date)_____________ Judgment Creditor/Creditors Atty Name_____________________________ Address___________________________ City______________________________ Phone____________________________ Attorney No._______________________ BALANCE DUE: $____________________ Employer Name_________________________________________________________________________ NOTICE: The Court has issued a wage deduction summons against the employer named above for wages due or about to become due to the judgment creditor. The wage deduction summons was issued on the basis of a judgment against the judgment debtor in favor of the judgment creditor in the amount stated above. THE AMOUNT OF WAGE THAT MAY BE DEDUCTED IS LIMITED BY FEDERAL AND ILLINOIS LAW. 1. Under Illinois Law, the amount of wages that may be deducted is limited to the lesser of (a) 15% of gross weekly wage or (b) 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 minimum hourly wage prescribed by section 4 of the Illinois Minimum Wage Law, whichever is greater. Under Federal Law, the amount of wages that may be deducted is limited to the lesser of (a) 25% of disposable earnings for a week or (b) the amount by which disposable earnings for a week exceed 30 times the Federal minimum hourly wage. 2. Pension and retirement benefits and refunds may be claimed as exempt from wage deductions under Illinois Law. The judgment debtor has a right to request a hearing before the Court to dispute the wage deduction because the wages are exempt. To obtain a hearing the judgment debtor must notify the Clerk of the Court in writing at 10 Public Square, Belleville, IL. 62220 on or before the return date specified in the Summons. The Clerk of the Court will assign a hearing date and provide forms which must be prepared by the debtor or his/her attorney, a copy of which must be sent to the judgment creditor and the employer or their attorney. 3. American LegalNet, Inc. IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS ______________________________________ ) Plaintiff ) vs ) Case NO. ______________________ ______________________________________ ) Defendant ) WAGE DEDUCTION SUMMONS To the employer: ____________________ Address_____________________________________ YOU ARE SUMMONED and required to file answers to the judgment creditor's interrogatories, in the Office of the Clerk of this Court 10 Public Square, Belleville IL 62220 on or before _________________, 20______ (21 to 40 days after issuance of summons). 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 applies to 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. FEDERAL AGENCY EMPLOYERS: Effective upon service of this summons and pursuant to 5 USC 552(a), you are to commence to pay over deducted wages to the attorney for the judgment creditor in accordance with 735 ILCS 5/12-808. 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________________________, 20______ _________________________________________ Clerk of the Circuit Court (Seal of Court) By_______________________________________ Deputy _______________________________________________________________ (Plaintiff's Attorney or Plaintiff if not represented by an Attorney) Name_________________________________ Attorney for_____________________________ Address________________________________ City_________________________________ __ Telephone____________________________ American LegalNet, Inc. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL COUNTY ST. CLAIR COUNTY, ILLINOIS _______________________Plaintiff vs. _______________________Defendant and _______________________Employer AFFIDAVIT FOR WAGE DEDUCTION ORDER ___________________________________________________________________on oath states: 1. 2. I believe employer ___________________________________________ is indebted to the judgment debtor ________________________________________________ for wages due or to become due. The last known address of the judgment debtor is_________________________________________ ________________________________________________________________________________ I request that a summons issue directed to employer and I certify that a copy of the attached Wage Deduction Notice was mailed to judgment debtor, by first class mail, at his/her last known address prior to filing of this wage deduction proceeding. Case No.__________________________ Return Date_______________________ (21 to 40 days after date of issuance of summons) Name__________________________________ Affiant_____________________________________ Attorney for Judgment Creditor: Under penalty of perjury as provided by law pursuant to 735 ILCS 5/1-109, the affiant certifies that the statements set forth herein are true and correct Address______________________________City______________________State ________Zip _______ Telephone No (_____) ___________________ Attorney Bar No.____________________ CERTIFICATE OF ATTORNEY OR JUDGMENT CREDITOR Note: Non-Attorneys must also submit a copy of the underlying judgment or a certification by the clerk of the court that entered judgment. I, the undersigned certify under penalties as provided by
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