Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Last amended 2019 · Last verified July 20, 2026
In one sentenceSets the wage deduction summons return window at 21 to 40 days after issuance, requires service under Supreme Court Rule 105, and pushes the return date back if service happens fewer than 3 days beforehand.
Full Text of 735 ILCS 5/12-806
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Summons shall be returnable not less than 21 nor more than 40 days after the date of issuance. Summons with one copy of the interrogatories and one copy of the judgment or certification and one copy of the wage deduction notice specified in Section 12-805 of this Act shall be served on the employer and returned as in other civil cases as provided by Illinois Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default.
If the employer is served with summons less than 3 days prior to the return date, the court shall continue the case to a new return date not less than 21 days after the service of the summons.
Plain-English Summary
Section 12-806 governs the mechanics of getting the summons to the employer. The summons must be returnable not less than 21 nor more than 40 days after it is issued. Along with one copy each of the interrogatories, the judgment or certification, and the wage deduction notice described in Section 12-805, it is served on the employer and returned the way Illinois Supreme Court Rule 105 requires for serving a notice of additional relief on a party in default -- the same service standard Section 12-805(c) references for its alternative to personal service.
The section also protects against a summons served too close to the return date leaving the employer no real time to answer. If the employer is served fewer than 3 days before the return date, the court must continue the case to a new return date that is itself not less than 21 days after the date of service. That guarantees the employer a minimum window to prepare and file its answer to the interrogatories, regardless of when service happened.
Frequently Asked Questions
How long is the return window for an Illinois wage deduction summons?
Not less than 21 nor more than 40 days after the date the summons is issued.
What rule governs how the wage deduction summons is served on the employer?
Section 12-806 requires service and return as provided by Illinois Supreme Court Rule 105 for service of a notice of additional relief on a party in default.
What happens if the employer is served less than 3 days before the return date?
The court must continue the case to a new return date that is not less than 21 days after the date the employer was served.
What documents must accompany the summons when it is served?
One copy each of the interrogatories, the judgment or certification of the judgment, and the wage deduction notice specified in Section 12-805.
Why does the statute require a minimum gap between service and the return date?
To make sure the employer has a real opportunity to prepare and file a written answer to the interrogatories before having to appear, rather than facing a return date that arrives too soon after service.
Amendment History
(Source: P.A. 101-191, eff. 8-2-19.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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