The Illinois Wage Deduction Summons To Confirm Conditional Judgment is an official document issued by the court or other authorized body in Illinois. This summons is used to notify an employer of a court-ordered wage deduction for an employee. The wage deduction is required to satisfy a court-ordered judgment or other obligation, usually a debt owed. The wage deduction is typically a fixed amount or a percentage of the employee's wages, which is then withheld from each paycheck and paid to the court or other appropriate body. There are two types of Illinois Wage Deduction Summons To Confirm Conditional Judgment: 1) Wage Deduction Summons To Confirm Conditional Judgment and 2) Wage Deduction Summons To Confirm Final Judgment. The former is issued when a court-ordered judgment has not yet been fully satisfied, while the latter is issued when the judgment has been satisfied.
Illinois Wage Deduction Summons To Confirm Conditional Judgment
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Illinois law provides ?a judgment may be revived by filing a petition to revive the judgment in the 7th year after its entry, or in the 7th year after its last revival, or in the 20th year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant and by serving the petition
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
The document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.
Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
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.
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
To obtain a charging order, the creditor files an application or motion with the Court (?Motion for Charging Order?) and requests a charging order on the LLC member's interest in the LLC. The Motion is served on the debtor by regular mail and the creditor does not have to name the LLC as a party defendant.