Free CCM 0053 5-08-09.pmd - Illinois

Wage Deduction Order/Turnover Order
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT/ ________________ DISTRICT

(Rev. 5/08/09) CCM 0053

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v. Judgment Creditor,

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v. Judgment Debtor,

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Third Party Respondent.

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No.

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WAGE DEDUCTION ORDER/TURNOVER ORDER
The Court having reviewed the answer to the Wage Deduction Summons or Third Party Citation served on ___________________ _________ (Respondent) as specified in 735 ILCS 5/12-801 et seq. or 735 ILCS 5/2-1402; a lien having been imposed on the non-exempt wages of _________________________________ (Defendant) in the amount of $ ________________; which amount includes court costs, interest, and credits for payments to the date of entry of this Order, Respondent having filed its answer, and the judgment creditor having certified that notice has been provided to Defendant, it is ordered: 1. Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff ___________________________ or Plaintiff's attorney on a monthly basis. "Non-exempt gross wages" are wages remaining after deductions for any mandatory pension or retirement plan. "Disposable earnings" are earnings remaining after deductions for FICA, state tax, federal tax and Medicare. 2. In the event that Defendant's wages are being garnished due to an earlier served Wage Deduction Order, then wages may be garnished under this Order only to the extent permitted by law. After entry of this Order, if a Spouse/Child Support Order is entered, then the Spouse/Child Support Order shall have priority over this Order and wages must first be applied to the Spouse/Child Support Order. When there is more than one wage deduction, the total wage deduction of Defendant's non-exempt gross wages must not exceed 15%. 3. No Wage Deduction is permitted whenever Defendant's disposable earnings are less than $360.00 for employees paid weekly, $720.00 for employees paid biweekly, $780.00 for employees paid semi-monthly and $1,560.00 for employees paid monthly. A wage deduction under this order must not reduce an employee's disposable earnings below these amounts. 4. This Wage Deduction Order continues in effect from the date of service of the wage deduction summons or third party citation until (i) the judgment, plus 9% simple interest and costs, is paid in full; (ii) Defendant's employment ends; (iii) Defendant files bankruptcy; or (iv) the Court modifies this Order. Should Defendant's employment end or Defendant file for bankruptcy, Respondent must file an amended answer stating so and serve a copy on either Plaintiff or Plaintiff's attorney. 5. This lien has priority over any later lien, except Spouse/Child Support Orders or liens. Any later lien or Wage Deduction Orders (other than Spouse/Child Support) shall be held and stacked in the order received by the Respondent and shall take effect at the conclusion of this Order. 6. Plantiff shall provide quarterly certifications of the judgment balance to Respondent within 15 days of the end of a calendar quarter in which any payment is received. Respondent must provide a copy of the quarterly certification of judgment balance to Defendant. 7. The Court retains jurisdiction of the parties and subject matter to enforce, modify or vacate this Order on motion of any party. Atty. No.: ______________ Name: _______________________________________________ Address: _____________________________________________ City/State/Zip:______________________________________ Telephone: ___________________________________________ FAX: ENTERED: Dated: ___________________________, __________

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Judge Judge's No.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS