Free SMALL CLAIMS COURT - Illinois

SMALL CLAIMS COURT

Note to Internet User: The following 44 pages contain forms and instructions for filing a small claims case. References to pages within this document appear throughout the text in order to assist the user in locating forms. Scrolling through the document will also take the user to forms.

A. GENERAL A small claim is defined as a civil action for a sum up to $10,000 exclusive of interest and costs. The information at this site pertains to such claims. A brief overview of the process for filing and pursuing a small claims case is contained herein. It is your right to represent yourself in Small Claims Court, whether you are the plaintiff or the defendant. The Judge, Circuit Clerk, and the Sheriff are all guided in these proceedings by the Illinois Supreme Court Rules. They (and their deputies) are prohibited, however, as officers of the court, from giving legal advice. If your questions cannot be satisfactorily answered at this site, you should consult an attorney. Small Claims cases may be filed in the Office of the Circuit Clerk at the Courthouse in Edwardsville from 8:30 a.m. to 4:30 p.m. -- or in Alton, Collinsville and Granite City from 8:30 a.m. to noon; and from 1:00pm to 4:30 p.m. -- Monday through Friday, except on legal holidays observed by the court. The rules relating to Small Claims cases are set forth in the Rules of the Illinois Supreme Court. They are designed to enable an individual to collect a debt, or settle any small legal controversy, without going through as much legal process and expense as might be required by a more substantial claim. Supreme Court Rules and applicable Illinois Statutes are available for review in the Law Library at the Madison County Courthouse. If an individual wishes to proceed under these Rules without the benefit of legal counsel (to act pro se), he/she must do all the investigation and preparation normally done by an attorney. This includes appearing in the courtroom, securing witnesses, collecting documents and evidence, and all other necessary preparation. The rules of law and evidence apply to small claims trials. Although deputy clerks in the Circuit Clerk's Office can answer general questions regarding forms and procedures, state law prohibits any court personnel from giving legal advice or counseling to any litigant. Employees of the Circuit Clerk's Office are prohibited from giving legal advice. Anyone in need of such advice should consult an attorney.

B. FILING THE ACTION To file a small claims suit, the individual bringing the action (the plaintiff), must pay a filing fee of $69.00 on cases up to $250. For suits between $251 and $500, the filing fee is $79.00; between $501 and $2,500, the filing fee is $99.00. Over $2,500 and up to $10,000, the filing fee is $134.00. These fees are paid when filing the case in the Circuit Clerk's Office. The plaintiff must file a complaint (see pages 8 and 9 for a sample complaint form and blank complaint form.) The complaint must set forth the following information. 1. The correct name, address and phone number of both the plaintiff and the "defendant" (the party being sued). It is very important that the correct legal names of the parties be set forth in the complaint. Failure to do so may result in serious difficulties (i.e., the suit may be dismissed or an uncollectible judgment may be entered against a non-existent person). If an error is made, you may file a Motion to Amend (see page 10) in order to correct the information. If the defendant is a corporation, plaintiff must list the name and address of an officer of the corporation or the name and address of its registered agent. To learn if a business is a corporation and to obtain its legal name, consult the Certified List of Domestic and Foreign Corporations through a call to the Illinois Secretary of State's Incorporation Division (217/782-6961). Note the name of the registered agent, who is one of the persons upon whom a summons can be served. In accordance with Supreme Court Rule 282(b), a corporation may not appear as a plaintiff without being represented by an attorney. However, when the amount claimed does not exceed $1500, a corporation may defend a small claims proceeding through any officer, director, manager or other person vested with the responsibility of managing the affairs of the corporation. 2. The correct address or place of employment of defendant. If the defendant cannot be found and service of the process cannot be made, the court cannot enter a judgment. 3. The nature and amount of the plaintiff's claim, giving dates and other relevant information. If the claim is based on a written instrument or contract, a copy of that document must be attached to the complaint. If the document cannot be found, a notarized affidavit must be attached to the complaint. C. SERVICE OF SUMMONS A summons is a legal document which notifies the defendant that s/he is being sued and of the date for the first appearance hearing. A case may not be heard until the defendant is served the summons. The summons may be personally served on the defendant or her/his agent by the Sheriff, a licensed private investigator, or a private process server (See page 6 for Terms and Definitions). At the request of the plaintiff, and if the defendant resides in Madison County, service may be made via certified mail by depositing a mailing fee with the Clerk for each defendant to be served along with the original and one copy of the summons for each defendant, as well as an affidavit setting forth each defendant's last known mailing address. However, if a defendant refuses to accept certified mail, the plaintiff may be required to request another summons be issued and served by the Sheriff, licensed private investigator or private process server. Additional fees will be required. If the plaintiff wishes to have service of summons made by a private process server, a written motion for appointment of said process server and a proposed order should be filed at the time of the filing of the complaint (go to page 13 to view Motion form for appointing private person to serve process). The motion and order must set forth the identity of the process server. (The person appointed private process server may not be related to the plaintiff and/or have any interest in the case.)

D. APPEARANCE DATE
When a suit is filed, the clerk will set a court date (called an appearance date) of not less than 21 days nor more than 40 days after the issuance of the summons. If the defendant fails to appear, it may be that he/she was not served with the complaint and summons. If this is the case, then the plaintiff must request a second, or alias summons and in most cases it will be necessary to have the alias summons served by the Sheriff or other process server. Additional fees are required for an alias summons. As set forth in the summons, the defendant is required to appear on the appearance date if a written answer has not been previously filed. If the defendant admits to liability, the court (judge) will enter judgment in favor of the plaintiff. If the defendant fails to appear, judgment will be entered in favor of the plaintiff provided that: 1) the plaintiff's complaint is verified and 2) there is a completed proposed default judgment order on file with the Circuit Clerk's Office. (Go to page 14 to view Consent Judgment form; page 15 for Default Judgment form). If the complaint is not verified, the plaintiff will have to produce some form of evidence. Verification is a process whereby someone familiar with the facts signs the complaint, guaranteeing that everything provided for in the complaint is accurate. The proposed default judgment order must be filed with the Circuit Clerk's Office within 10 days of the defendant's appearance date. Failure to do so may lead to the case being dismissed for want of prosecution. E. RESPONSE TO A SMALL CLAIMS COMPLAINT If sued in Small Claims Court, the defendant or defendant's attorney may do any one of the following: 1. Appear on or before the appearance date and time, and advise the court whether defendant admits or denies the claim. If the defendant appears and denies the claim, an answer fee must be paid at the time of the appearance. An answer fee of $79 is required if claim is under $1,500; if the claim is over $1,500, the answer fee is $109. If the defendant cannot afford to pay the answer fee, he/she must file an Affidavit and Application to Sue or Defend as an Indigent Person. (See pages 16 and 17; scroll down to page 18 to view Answer form.) The application will be presented to the court. If the application is approved by the judge, the answer fee is waived. 2. File a written answer with the Circuit Clerk on or before the appearance date (see page 18 to view Answer form). The above-stated answer fee is due at this time. 3. File a lawsuit (counterclaim) against the plaintiff alleging the plaintiff owes defendant money in connection with the original claim filed by plaintiff. 4. Settle the dispute on or before the first appearance date.

F. SETTLEMENT The defendant may contact the plaintiff to attempt to settle the matter out of court. The fact that the defendant offered to settle the case will not be held against her/him at the trial. If the defendant settles out of court after being served with a complaint and summons, it would be prudent to put the settlement in writing. The plaintiff is encouraged to appear for the defendant's first appearance date. A judge will be available to sign agreed judgment orders. If plaintiff receives settlement money before the court date, s/he should notify the Circuit Clerk, in writing, that the case has been settled and ask that the case be dismissed. If the case has been settled, but the plaintiff has not received the settlement money, s/he should go to court and ask the judge to continue the case until the money has been received. After receiving the money, plaintiff should notify the Circuit Clerk, in writing, to have the case dismissed.

JURY TRIAL Either party to the suit may demand a trial by jury. If the plaintiff wants the matter to be tried by a jury, the demand must be made at the time of filing the complaint. The case will then be decided by a six- or 12-member jury. The defendant must make this demand at the time of filing the answer. Otherwise the defendant is considered to have waived his/her right to a jury trial. The party demanding a jury must pay $12.50 for a jury of six or $25 for a jury of twelve. It would be advisable to consult an attorney before making a jury demand, since a trial by jury is a more complicated proceeding. G. TRIAL OF THE CASE All small claims cases will be tried by the court (judge) unless a jury demand has been filed. A trial in Small Claims Court is normally simple and somewhat informal. The judge listens to both parties as well as the witnesses, examines the evidence presented, and then decides the case. It is very important to know the exact date and time of trial and to be there on time. A failure of either party to appear for trial may result in a judgment against that party. If there is very good reason one cannot be in court, a continuance must be requested by filing a written motion and order for continuance with the Circuit Clerk before the trial (scroll down to page 19 to view Pro Se Motion form). The judge must make a ruling on the motion. If the motion is not heard and allowed prior to the trial date, failure to appear on that date by the defendant may result in a default judgment being entered against her/him. If the plaintiff fails to appear, the case can be dismissed for want of prosecution. On the day of the trial, both parties should bring all physical evidence that pertains to the case. They may also call witnesses to testify in support of their claims. If a witness is required for the case but reluctant to appear, a subpoena may be necessary. A subpoena is an order of the court commanding a person to appear and testify at the trial. Subpoena forms are available from the Circuit Clerk. The trial proceeds on the date set by the court, a notice of which will be sent to both sides by the Clerk. Both parties go into court before the judge (or jury) and plaintiff proceeds by making a short opening statement on the nature of his/her case, and what he/she thinks the evidence or witnesses will prove. Defendant then has an opportunity to make a short statement as to the nature of his/her defense and what he/she expects the evidence or witnesses to prove. Any witnesses are then sworn and examined on the witness stand. After each witness testifies, the opposing party has an opportunity to cross-examine the witness as to anything so testified. (This means to ask any questions that are material and relevant to the testimony of the witness, not to argue or attempt to testify). The judge may ask questions. If so, they should be answered as directly and fluently as possible. After each party has presented her/his case (i.e., witnesses, exhibits, etc.) s/he has an opportunity to present a short closing argument or summary of the evidence, and why the Court should find in her/his favor. The judge will decide the facts from the evidence introduced during the trial, then apply the law to these facts and enter a judgment for one of the parties. Because of the complex procedural and evidentiary problems that may arise, it is very difficult for a judge in small claims court to apply all the strict formal rules of trial procedure and evidence, particularly where one or more of the parties is not represented by counsel. Therefore, the judge will exercise his/her judicial discretion in the trial of a small claims case. However, it is important to note that judges are not responsible to try a case for a pro se litigant. If a party chooses not to have legal counsel, the responsibility to produce competent, admissible evidence to prove his/her case on the date set forth for trial rests with that party. It is not possible to review the entire field of admissible evidence in the space available, but a brief mention of the more fundamental procedures is covered below: 1. Informal Hearing - In any small claims case where the amount claimed by a party does not exceed $1000, the court may, on its own motion or on motion of either party, adjudicate the dispute at an informal hearing. At the informal hearing all relevant evidence shall be admissible and the court may relax the rules of procedure and the rules of evidence.

2.

Repair Bills and Estimates - If a claim is based on a written instrument or contract, attach it to the complaint. Also bring to trial all estimates of repair, letters or writings that may have some bearing on the case. Admissibility of any such documents will be determined by the court. Expert Testimony - If a claim of the plaintiff or the defendant is based on poor workmanship, or workmanship is in any way involved, testimony of an expert would normally be required. If it is carpentry work, you should have a carpenter inspect the job and appear to testify as to the manner in which the work was done, and how much it would take to rectify the damage or loss. Judgments - Once the court decides the case, the judge enters a judgment (for the plaintiff or the defendant) for whatever amount is found to be due, and assesses court costs. This judgment becomes final 30 days after the date judgment was entered, unless defendant files a Motion to Vacate (see page 19 for Pro Se Motion form) or a Notice of Appeal (there is no prepared form for a Notice of Appeal).

3.

4.

Once a judgment has been paid in full, a form called a "Small Claims Satisfaction of Judgment or Dismissal of Cause of Action" must be given by the plaintiff to the defendant (Scroll down to page 44 (last page) to view form). The defendant must file the release with the Circuit Clerk. Many people believe that by merely filing a complaint, a judgment will be entered and the court, Circuit Clerk, or Sheriff will act to have the money paid. The burden is on the plaintiff to take appropriate action to effect collection of the judgment if the defendant refuses to pay. H. POST-JUDGMENT PROCEDURES After judgment has become final, plaintiff may proceed with post-judgment procedures (see below) which would cause additional court costs to be assessed against the defendant. The defendant may contact plaintiff and attempt to reach an agreement as to payment of the judgment and court costs in an effort to save additional costs being assessed against defendant. Some of the more common post-judgment procedures available to assist in the collection of judgments are briefly summarized below (additional fees for these procedures and any related services may be required): a. Wage Deduction - This summons is issued by the Circuit Clerk upon request by the plaintiff to the defendant's employer. Once served on the defendant's employer, a percentage of the defendant's wages must be withheld. A wage deduction is a permanent lien on the employee's wages until the judgment has been satisfied. Prior to filing a wage deduction order, the burden is on the plaintiff to be certain that the defendant is currently employed by the named employer, and that there are no previous wage deduction orders filed against the defendant's wages. If a previous order is still current or the defendant is no longer employed there, it is useless to file. Out-of-state employers do not have to honor a wage deduction. The original summons and service page are returned to the Clerk after service. Copies of the summons and the Title III Federal Consumer Protection Act Restrictions on Garnishment are served on both the employer and the defendant (scroll down to pages 20-21 to view Instructions for Wage Deduction, followed in sequence by: 1) Affidavit for Wage Deduction Order, 2) Interrogatories/Answer, 3) Wage Deduction Notice and 4) Summons, 5) Service Page, 6) Title III Restrictions on Garnishment, 7) Wage Deduction Order, 8) Nonwithholding Wage Deduction Order, 9) Certification of Judgment Balance. b. Garnishments - If the plaintiff knows of any third party who owes or holds funds due the defendant (a bank account, money owed for labor, etc.), the plaintiff may serve a garnishment summons on this third party. Upon service of the summons, the third party must hold these funds until the court orders whether or not they should be turned over to the plaintiff to satisfy the judgment (Scroll down to page 32 to view Affidavit for Garnishment - Non-wage form; scroll down from Affidavit to see: 1) Interrogatories to Garnishee; 2) Garnishment Notice; 3) Garnishment Summons-Nonwage; 4) Return of Service.

c. Writ of Execution - If the plaintiff knows of any property owned by the defendant, he/she may request that a Writ of Execution be issued by the Circuit Clerk to attach and sell said property. Possession of property alone is insufficient to warrant seizure by the Sheriff for sale (the property may be mortgaged in someone else's name or subject to previous liens or attachments). d. Citation to Discover Assets ­ A Citation to Discover Assets is a mandate, or order, by the court that the defendant appear before a judge in open court to be examined by the plaintiff as to any assets, funds, etc., that defendant may have with which to satisfy the judgment. The citation will be issued by the Circuit Clerk, but the petition for such a citation must be filed by the plaintiff (See page 37 to view Citation to Discover Assets form); scroll down from Citation, in sequence, to view 1) Citation Notice, 2) Third Party Citation to Discover Assets, 3) Citation Notice. Note: The Citation Notice form appears twice because it must accompany both filing of Third Party Citation to Discover Assets and Citation to Discover Assets.) Failure by the defendant to appear to answer a Citation to Discover Assets may result in the filing of a petition for a rule to show cause; failure to appear to answer the rule to show cause may result in the issuance by the court of a writ of attachment (see Terms and Definitions below). A Third Party Citation can be issued to ascertain information concerning income or property of the judgment debtor (defendant). If a Third Party Citation is issued, a Citation Notice must be sent to the defendant. I. FILING AN APPEAL

The procedure for filing an appeal with the Appellate Court is defined in the Supreme Court Rules and the Illinois Compiled Statutes. These rules must be followed and carried out in a timely manner. Supreme Court Rules Handbooks are available at most local libraries and in the law library at the Madison County Courthouse. One important rule is the timing of the Notice of Appeal. A Notice of Appeal must be filed with the Circuit Clerk within 30 days after entry of final judgment or, if a post-trial motion directed against judgment is filed, within 30 days of the order disposing of the motion. There are no prepared forms for a Notice of Appeal. J. TERMS AND DEFINITIONS Alias Summons ­ a second summons issued in a case, in which return of service has been made and the defendant was not found. Appearance Date ­ the date appearing on the summons, which sets the deadline by which the defendant must file an answer to the suit. Complaint ­ the court document that is filed by the plaintiff to initiate the lawsuit. Default Judgment ­ a judgment rendered by the court as a consequence of the non-appearance of the defendant, normally entered upon the failure of a party to appear or plead at the appointed time. Defendant ­ the party being sued. Plaintiff ­ the party that initiates the lawsuit. Private Process Server ­ a person 18 years of age or older, not a party to the case or related to any party, authorized to serve process by order of the court. Pro Se ­ a Latin term meaning for oneself or in one's own behalf. A plaintiff filing her/his case without an attorney is considered pro se.

Rule to Show Cause ­ an order by the court, directing a party to appear before the court on a certain day, to show the court (judge) why he/she should not be held in contempt of court because of failure to comply with the court's previous order. Subpoena ­ a writ of the court, commanding a person to testify in a pending court case. Summons ­ A pre-printed legal document, supplied by the Circuit Clerk, which notifies the defendant that s/he is being sued and commanding her/him to file an appearance or appear in the court for trial. Writ of Attachment ­ An order by the court to the Sheriff, commanding him to take a person into custody for contempt of court and directing him to hold that individual until the day of court or admitting him/her to post bail for a future court date.

- - Sample - -

(Scroll down to next page for blank form)
SMALL CLAIMS COMPLAINT

Complaint

(Leave Blank)

No. Case Number (assigned by Clerk)

(Your Name)
(Street Address) (City, State, Zip Code)
Plaintiff(s)

(Person you're filing against)

(Street Address)
(City, State, Zip Code)
Defendant(s) SMALL CLAIM COMPLAINT

I, the undersigned, claim that the defendant is indebted to the plaintiff in the sum of $ for (Reason for Filing Claim)

(Amount of Claim)

and that the plaintiff has demanded payment of said sum; that the defendant refused to pay the same and no part thereof has been paid, that the defendant resides at (Address of person you're filing claim against) phone no.

(If known)
phone no.

; that the plaintiff resides at

(Your Address)
; in the State of Illinois.

(Your phone)
, 200____

Dated: (Date you file claim)

(Your Signature)
(Signature of Plaintiff)

_________________________________________________________________________________________________ AFFIDAVIT (Your Name) on oath states that the allegations in this complaint are true. Signed and Sworn to before Me (Your Signature in presence of Notary) , 200__ (Seal)

(Notary's name and seal)
(Notary Public)

Copy to: ___Court Copy ___Defendant's Copy ___ Plaintiff's Copy _________________________________________________________________________________________________

SMALL CLAIMS COMPLAINT

Complaint

No.

Plaintiff(s) SMALL CLAIM COMPLAINT

Defendant(s)

I, the undersigned, claim that the defendant is indebted to the plaintiff in the sum of $ for

and that the plaintiff has demanded payment of said sum; that the defendant refused to pay the same and no part thereof has been paid, that the defendant resides at phone no. ; that the plaintiff resides at phone no. , 200____
(Signature of Plaintiff)

; in the State of Illinois.

Dated:

_________________________________________________________________________________________________ AFFIDAVIT on oath states that the allegations in this complaint are true. Signed and Sworn to before Me

, 200__ (Seal) (Notary Public) Copy to: ___Court Copy ___Defendant's Copy ___ Plaintiff's Copy _________________________________________________________________________________________________

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

Plaintiff, vs.

Defendant

) ) ) ) ) ) ) )

Case No.

MOTION TO AMEND Comes now the Plaintiff, amend the Complaint herein as follows: to correct Defendant's name; to add an additional Defendant; to add additional rent/damages; to add Court costs; (other) . , and moves the Court for leave to

Plaintiff

ORDER The Court having considered Plaintiff's motion and being otherwise fully advised in the premises, hereby allows the Motion to Amend. Clerk to mail copies to the Defendant.
Entered this day of , 200___.

Presiding Judge

STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT MADISON COUNTY (618) 296-4464 Alton Cases: (618) 465-8808 Granite City Cases: (618) 877-4171 www.co.madison.il.us SUMMONS Date: Case No. Plaintiff vs.

Defendant To Each Defendant: You are summoned and required to appear before this Court at Madison County Courthouse, 155 North Main, Edwardsville, IL 62025, (room to be announced) at 3:00 pm on or before to answer a complaint in this case, a copy of which is hereto attached. If you fail t do so, a judgment by default may be taken against you for the relief asked in the complaint. 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 and not less than three days before the day for appearance. If service cannot b e made, this summons shall be returned so endorsed. This summons may not be served later than three days before the day for appearance. Witness: MATT MELUCCI The Clerk of said Circuit Court and the seal thereof, at Edwardsville, Illinois on

, 200__.

(Seal)

Matt Melucci Clerk of Circuit Court

By: Deputy Clerk

Attorney for Petitioner:

Date of Service: , 200__ (To be inserted by officer on the copy left with the defendant or other person.)

Case No. Sheriff's Fees Service and Return . . . . . . . . $ _____ miles traveled . . . . .. . $ Total . . . . . . . . . . . . . . . . . . . $

I certify that I served this summons on defendant as follows: (a) (Individual defendants ­ personal): By leaving a copy and a copy of the complaint with each individual defendant personally, as follows: Name of Defendant Date of Service

(b) (Individual defendants ­ abode): By leaving a copy and a copy of the complaint at the usual place of abode of each individual defendant with a person of his/her family, of the age of 13 years or upward, informing that person of the contents of the summons, and also by sending a copy of the summons and a copy of the complaint in a sealed envelope with postage fully prepaid, addressed to each individual defendant at his/her usual place of abode, as follows: Name of Defendant Person with whom left Date of Service/Mailing

(c) (Corporation defendants): By leaving a copy and a copy of the complaint with registered agent, officer of agent, corporation, as follows: Defendant Corporation Registered Agent, Office of Agent Date of Service

(d) Other Service:

Sheriff of By

County , Deputy

Plaintiff vs

Defendant

IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

Plaintiff vs CASE NO.

Defendant

MOTION Comes now the plaintiff and moves the Court to appoint a private person over 18 year of age, and not a party to the action, to serve process in this case.

Plaintiff's Signature

ORDER Upon motion of plaintiff, this Court does hereby appoint server in this case. process

Date

Judge

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Plaintiff(s) No. vs. , Defendant(s) CONSENT JUDGMENT This matter comes before the Court upon the consent of the Defendant(s) to entry of Judgment in favor of Plaintiff(s) as follows: Judgment for: (Mark all that apply) damages of rents owed of attorney fees of interest of $ $ $ $

Total Judgment Amt: $ judgment for possession of the premises at within days from the date of this order. ,

WHEREFORE, JUDGMENT is now entered against Defendant(s) as set for above plus costs of suit with enforcement to issue.

date

Presiding Judge I consent to entry of Judgment against me as set forth above. date Address: Defendant(s)

Witnessed by

, Deputy Clerk.

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Plaintiff(s) No. vs. , Defendant(s) DEFAULT JUDGMENT This matter comes before the Court upon the appearance date of the Defendant(s) who has/have been duly served with process and fail(s) to appear. Said Defendant(s) is/are adjudged in default. Accordingly, the Court finds based upon the verified pleadings and affidavits, if any, that Judgment should be entered in favor of the Plaintiff(s) and against the Defendant(s) as follows:

Judgment for: (Mark all that apply) damages of rents owed of attorney fees of interest of $ $ $ $

Total Judgment Amt: $

judgment for possession of the premises at within days from the date of this order.

,

WHEREFORE, JUDGMENT is now entered against Defendant(s) as set for above plus costs of suit with enforcement to issue.

date

Presiding Judge

Clerk to mail copies to counsel and unrepresented parties

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS _________________________________________, Plaintiff vs. _________________________________________, Defendant AFFIDAVIT AND APPLICATION TO SUE OR DEFEND AS AN INDIGENT PERSON The undersigned as affiant, under penalty of perjury as provided in Section 735 ILCS 5/1-109, certifies that the statements in this instrument are true and correct, or made on information and belief and believed to be true: 1.) I am familiar with the facts stated herein and this Application to Sue or Defend as an Indigent Person is brought for: myself as Applicant on behalf of a minor or a disabled adult, ________________________________. 2.) The applicant is named as a defendant in a pending action or intends to file a lawsuit. 3.) The applicant receives assistance from the following benefit programs: SSI, AABD, TANF, Food Stamps, General Assistance, State Transitional Assistance, State Children & Family Assistance. (Circle all benefits received.) 4.) The applicant's household income is 125% or less of the current poverty level as established by the United States Department of Health and Human Services. (Clerk will provide current chart to make this determination.) (You must also provide the following information to confirm your eligibility.) Number of persons in applicant's household ________ Household income: $_____________ monthly. The applicant's household income includes Social Security Disability Payments. Unemployment compensation benefits. 5.) The applicant is unable to proceed in an action without payment of fees, costs, and charges and the applicant's payment of those fees, costs, and charges would result in substantial hardship to the applicant or the applicant's family. 6.) Applicant is: ____________ monthly. unemployed, or employed, and the applicant's current income is $

Case No. __________________

7.) Applicant is married, or $____________ monthly.

unmarried. The applicant's spouse's current income is

8.) Applicant is

receiving

paying child support in the amount of $___________ monthly.

9.) The applicant has the following assets: money in banks, credit unions and savings & loans, in the amount of $__________ real estate with equity of $_____________ located at ____________________________ automobiles with equity of $ _____________ (Equity is the value of the property minus any mortgage or debt.) other financial assets, including retirement accounts, of $___________ other assets____________________________________ in the amount of $___________ 10.) The applicant's total monthly living expenses are $______________ as follows: (Do not include payments for debts or child support.) Rent or mortgage payment: ___________ Food: ___________ Clothing: _________ Car payment: _________ Car insurance:_________ Gasoline & maintenance: _________ Utilities: _____________ Telephone: ____________ Child care: _____________ Medical, hospital & prescription: _______________ Insurance: _______________ Other: _____________________________________________________________________ 11.) The affiant, in good faith, believes that the applicant has a meritorious claim or defense. Wherefore, the Affiant seeks permission of this Court for the Applicant to sue or defend as an indigent person.

Affiant ORDER Having reviewed the Application to Sue or Defend as an Indigent Person, the Court now enters its Order: Application ALLOWED. The applicant is allowed to sue or defend as a poor person without payment of fees, costs or charges. Assessment against any other party is reserved pending outcome. Application DENIED for the following reason(s): Applicant is not indigent. Other:___________________________________ ________________________________. Applicant granted _____ days to pay filing fees. Application is INCOMPLETE. Default Judgment may be entered if application is not completed by the answer date or extension. Applicant granted _____ day extension to submit completed application. RULING RESERVED. Applicant MUST submit most recent Federal income tax return along with year-to-date paycheck stub or statement within _____ days. Failure to do so may result in entry of Default Judgment.

__________________________ Date

__________________________________ Presiding Judge

Clerk to mail copies of this Application and Order to all parties of record. Rev. 3-2-04

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

, Plaintiff(s) vs.
,

No.
Small Claims and Forcible Entry Cases

Defendant(s)

PLEASE PRINT CLEARLY ANSWER

Defendant appears and denies the claim against him/her and requests that the case be set for: Jury trial Non-jury trial State in the box below in simple terms the reasons why you think that you do not owe the Plaintiff(s) the amount of money claimed:

Defendant's Name:
Print Name Here

Signature:
Sign Name Here

Address: City, State, Zip: Phone: ( )
Defendant to mail copy to Plaintiff(s).

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT CLERK MADISON COUNTY, ILLINOIS CASE NUMBER Plaintiff(s) Name Address Defendant(s) Name Address

Phone

Phone

PRO SE MOTION
Now comes the (Plaintiff/Defendant) Pro Se, and in his/her motion to

states as follows: 1)

2)

3) (etc.)

Therefore, (Plaintiff/Defendant) requests the Court to grant the motion to

Signature
I mailed a copy of this pleading to the other party (or the attorney) on the _______ day of ________________________, 200__ at the post office at ______________________ in a postage-paid envelope. (city/state) Signed: ______________________________________
By person completing this form

INSTRUCTIONS FOR WAGE DEDUCTION A. BEGINNING A WAGE DEDUCTION PROCEEDING (Read 735 ILCS 5/12-801 et seq of the Illinois State Statutes) 1. Prepare Wage Deduction Notice (Scroll down to page 24 to view this notice.) Copies required (4) Defendant Employer Court File Your copy

2. Mail of copy of the Wage Deduction Notice to the Defendant 3. Prepare Wage Deduction Affidavit and interrogatories on back (scroll down to pages 22 and 23 to view Affidavit for Wage Deduction Order form; scroll down from Order form to see Interrogatories/Answer to Wage Deduction Proceedings.) Copies required (6): Original for Court Four (4) copies for Employer Your copy

4. Prepare Wage Deduction Summons (see pages 25-26 for Wage Deduction Summons form and Service Page, which must accompany the Wage Deduction Summons). Copies required (3): Original for Sheriff/Process Server Employer Your copy

5. File the Wage Deduction Affidavit and Notice with the Circuit Clerk's office. 6. The issued summons must be served on the employer by the Sheriff, Private Process Server, or by Certified Mail/return receipt requested. Serve four (4) copies of the Affidavit/Interrogatories and one copy of the Summons and Wage Deduction Notice. Also include a copy of the judgment or a certification of the judgment balance. B. PROCEEDINGS IN COURT 1. Funds Answer - The employer has filed an Answer indicating that they are able to make deductions from the Defendant's wages. Prepare a Wage Deduction Order and file said order with the Court (Scroll down to pages 28-29 to view Wage Deduction Order form). 2. No Funds Answer - A No Funds Answer may be filed by the employer for one of several reasons: a. The defendant is not employed. b. Prior child support deduction orders. c. Insufficient income. d. Defendant filed bankruptcy.

If faced with one of the above responses, you must prepare an order either discharging the employer or continuing the proceedings to a date in the future which will allow sufficient time for an employer to complete prior deductions (see page 30 for Non-withholding Wage Deduction Order.) 3. NO ANSWER FILED BY EMPLOYER If the employer fails to Answer, you may file a proposed order for conditional judgment against the employer for the full amount due to the creditor. However, before issuing a Summons After Conditional Judgment, the creditor is advised to contact the employer and determine whether or not the employer intends to file a late Answer with the Court. If the employer is filing an Answer, do not request summons be issued unless the Answer is not, in fact, filed in a reasonable period of time.

4. LATE ANSWERS BY EMPLOYER If the employer files an Answer after the return date, a motion for entry of a deduction order should be made with notice given to both the employer and the employee. If a conditional judgment has been entered, that conditional judgment should be vacated at the same time that the wage deduction order is entered. 5. SUMMONS AFTER CONDITIONAL JUDGMENT If the employer fails to appear in response to a Summons After Conditional Judgment, the Court may enter an order of final Judgment against the employer for the original balance due on the conditional judgment plus additional court costs. Additional interest does not accrue on the conditional judgment, only on the final judgment against the employer. C. AFTER ENTRY OF DEDUCTION ORDER 1. Send a copy of the deduction order to the employer. 2. Send a Certification of Judgment Balance to the employer at the beginning of each calendar quarter. The mailing of certifications should be commenced at the end of the first full quarter following service of the Wage Deduction Summons. Example: Summons served April 6. September 30 is the end of the first full calendar quarter after service of summons. The Certification should then be mailed between October 1 and 15. (See page 31 to view Certification of Judgment balance form)

Affidavit for Wage Deduction Order NOTE: FOUR (4) COPIES OF THIS AFFIDAVIT MUST BE SERVED ON THE EMPLOYER STATE OF ILLINOIS COUNTY OF MADISON IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK ) ) ) ) ) ) ) ) ) ) )

Plaintiff-Judgment Creditor vs. Defendant-Judgment Debtor

No. Answer Date (File Stamp Above)
(21 to 40 days after date of issuance of summons)

AFFIDAVIT FOR WAGE DEDUCTION ORDER on oath states: is indebted to the judgment for wages due or to become due.

1. I believe employer debtor 2. The last known address of the judgment debtor is

. I request that the Circuit Court Clerk issue summons to the employer. I certify that a copy of the wage deduction notice was mailed to the judgment debtor at the last known address prior to the filing of this wage deduction affidavit. Name Attorney No. Address City Phone Date Notary Public CERTIFICATE OF ATTORNEY OR JUDGMENT CREDITOR I, the undersigned certify under penalties as provided by law pursuant to section 1-109 of the Code of Civil Procedure that the statements set forth in this instrument are true and correct. 1. Judgment in the above captioned case was entered on 2. The amount of the judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. Allowable costs previously expended: a) Initial filing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ b) Original and alias summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ c) Filing and summons cost of prior supplementary proceedings . . . . . $ 4. Filing and summons cost for this garnishment . . . . . . . . . . . . . . . . . . . . . . . . $ 5. Interest due on judgment to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ TOTAL $ Deduct: Total amount paid by or on behalf of the judgment debtor prior to this garnishment . . . . . . . . . . . . . . . . . . . . . . . . . . $ BALANCE DUE JUDGMENT CREDITOR $ Judgment Creditor/Attorney

INTERROGATORIES/ANSWER TO WAGE DEDUCTION PROCEEDINGS
Employer/Agent: , certifies under penalty of perjury that the following Answer is true and correct to the best of his/her knowledge and belief concerning the property of the judgment debtor. Debtor Name: Do you pay monies to the judgment debtor listed above? Soc. Sec. No Yes No

State whether any funds paid to the debtor are for disability, retirement or are in any other way exempt or subject to other Court Order:

One pay period equals:

day(s)

week(s)

month(s)

CALCULATION TO DETERMINE AMOUNT OF WITHHOLDING (A) Gross Wages minus mandatory contributions to pension or retirement plan is (B) METHOD I ­ 15% OF (A) = METHOD II (C) Enter Total FICA, State and Federal Tax and Medicare (D) Subtract (C) from (A) = (A) (B) (C) (D)

(E) Enter Minimum wage per pay period (for each week in pay period, 45 times (E) 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) (F) Subtract (E) from (D) (G) Enter the lesser of Line (B) or (F) (H) Enter Child Support or other Court Ordered Deduction (I) Subtract (H) from (G) (J) Subtract Employer's Statutory Fee (§5/12 ­ 814) (K) Amount to be applied to judgment (F) (G) (H) (I) (J) (K)

Line I is the amount to be withheld from employee's pay check as of the date of service of Summons and not disbursed until further order of the Court. Signature of Employer INSTRUCTIONS 1. Mail a copy of this Answer to the court and mail to attorney for Plaintiff and give a copy to the Defendant. 2. You will receive a copy of a Court Order by fax or mail instruction you how to proceed and where to send deducted funds. DO NOT SEND THE MONIES WITHHELD TO THE CIRCUIT CLERK. Employer/Agent: Agent Name Employer Name Address Street Phone Fax City, State, Zip Clerk of the Circuit Court Madison County Courthouse

NOTE: A copy of this Answer should be mailed to the Court, Attorney for Plaintiff or Judgment Creditor and to the Defendant.

THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK MADISON COUNTY, ILLINOIS

Plaintiff-Judgment Creditor Vs. No.

Defendant-Judgment Debtor Judgment Debtor's Name Address City Phone Judgment in the amount of $ WAGE DEDUCTION NOTICE Employer Name Address City Phone Return Date: (Insert return date specified in summons)

NOTICE: The court shall be asked to issue a wage deduction summons against the employer named above for wages due or about to become due to you. The wage deduction summons may be issued on the basis of a judgment against you in favor of the judgment creditor in the amount stated above. The amount of wages 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 (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage. Under federal law, the amount of wages that may be deducted is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage. Pension and retirement benefits and refunds may be claimed as exempt from wage deduction under Illinois law.

(2)

(3)

You have the right to request a hearing before the court to dispute the wage deduction because the wages are exempt. To obtain a hearing, you must notify the Clerk of the Court in person and in writing at before the Return Date specified above. The Clerk of the Court will provide a hearing date and the necessary forms that must be prepared by you or your attorney and sent to the judgment creditor and the employer, or their attorney, regarding the time and location of the hearing. This notice may be sent by regular first class mail. Name Attorney No. Address Signature of Judgment Creditor or Attorney City Phone Original to Court Copy to Defendant

IN THE CIRUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK MADISON COUNTY ILLINOIS Plaintiff vs. Defendant ) ) ) ) ) ) ) ) ) ) No.

Address of employer:

and Employer

WAGE DEDUCTION SUMMONS

To the employer: YOU ARE SUMMONED and required to file answers to the judgment creditor's interrogatories, in the office of the Clerk of this Court , 200
(21 to 40 days after issuance of summons)

Illinois, on or before .

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 732 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 indorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so indorsed. This summons may not be served later than the above date. Witness , 200___. (Clerk of the Court) (Seal of the court) By

(Plaintiff's attorney or plaintiff if not represented by an attorney) Name Attorney for Address City Telephone ______ Original to Court ______ Copy to Employer

SERVICE PAGE (Return original to Court after Service) ( ( ( ( ( Service and return . . . . . . . . . . . . . . . . . . . . . . . $ Miles ..................

SHERIFF'S FEES

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

I certify that I served this summons on defendants as follows: (a)------- (Individual defendants ­ personal): (The officer or other person making service, shall (a) identify as to sex, race and approximate age of the defendant with whom the summons was left, and (b) state the place where (whenever possible, in terms of an exact street address) and the date and time of the day when the summons was left with the defendant.)

(b)------- (Individual defendants ­ abode): By leaving a copy and a copy of the complaint at the usual place of abode of each individual defendant with a person of the family or a person residing there, of the age of 13 years or upwards, informing that person of the contents of the summons. (the officer or other person making service, shall (a) identify as to sex, race and approximate age of the person, other than the defendant, with whom the summons was left; and (b) state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with such person.)

and also by sending a copy of the summons and of the complaint in a sealed envelope with postage fully prepaid, addressed to each individual defendant at his or her usual place of abode, as follows: Name of defendant Mailing Address Date of mailing

(c)------- (Corporation defendants): By leaving a copy and a copy of the complaint with the registered agent, office or agent of each defendant corporation, as follows: Defendant corporation Registered agent, officer or agent Date of service

(d)------- (Other service):

, Sheriff of By

County , Deputy

TITLE III OF THE FEDERAL CONSUMER PROTECTION ACT RESTRICTIONS OF GARNISHMENT Sec. 301. (a) The Congress finds: (1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit: Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. (2) The application of garnishment as a creditor's remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. (3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country. (b) On the basis of findings stated in subsection (a) of this section, the Congress determines that the provisions of this title are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws. (82 Stat. 163; 15 USC 1671.) Sec. 302. For the purposes of this title: (a) The term earnings means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (b) The term disposable earnings means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. (c) The term garnishment means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. (82 Stat. 163; 15 USC 1672) Sec 303. (a) Except as provided in subsection (b) and in section 305, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). (b) The restrictions of subsection (a) do not apply in the case of (1) any order of any court for the support of any person. (2) any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act. (3) any debt due for any State or Federal tax (c) No court of the United States or any State may make, execute, or enforce any order or process in violation of this section. (82 Stat. 163; 15 USC 1673) Sec 304. (a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (82 Stat. 163; 15 USC 1674) Sec 305. The Secretary of Labor may by regulation exempt from the provisions of section 303 (a) garnishments issued under the laws of any State if he determines that the laws of the State provide restrictions on garnishments which are substantially similar to those provided in section 303 (a). (82 Stat. 164; 15 USC 1675) Sec 306. The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this Title. (82 Stat. 164; 15 USC 1676) Sec 307. This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State (1) prohibiting garnishments or providing for more limited garnishments than are allowed under this title, or (2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness. (82 Stat. 164; 15 USC 1677.) _____ Employer's Copy

In the Circuit Court for the Third Judicial Circuit Madison County, Illinois

Plaintiff vs.

Case # Defendant's Name & Social Security Number

Employer WAGE DEDUCTION ORDER This cause coming to be heard upon the return of a Wage Deduction Summons served upon the employer and the answer filed by the employer, a Wage Deduction Notice having been served upon the employee and the Court fully advised; IT IS HEREBY ORDERED: 1. That a lien is hereby imposed upon the non-exempt wages of service of the Wage Deduction summons in the amount of $ date and credit for payments to date. , as of the date of the including court costs, interest to

2. That is ordered to deduct 15% of the defendant's non-exempt gross wages after deduction for mandatory pension or retirement plans or where the spouse/child support deduction order, if any, leaves funds up to 15% of the non-exempt gross wages, each pay period to be remitted to Plaintiff's attorney (or Pro Se creditor) at least monthly. No deductions may occur if Defendant's net check is less that 45 times the federal minimum wage. 3. That a Wage Deduction judgment is hereby entered against Employer, in the periodic sum ordered above each pay period in favor of Defendant , for use of the Plaintiff, . 4. That employer turn over to Plaintiff the withheld wages from the date of service of the wage deduction proceedings to the date of this order, pursuant to the calculations set forth herein. 5. A lien obtained hereunder shall have priority over any subsequent lien obtained hereunder, except that liens for the support of a spouse or dependent children shall have priority over all other liens obtained hereunder. Employer is further directed to file an amended Answer with this Court and send a copy to the attorney for Plaintiff, informing the Court as to spouse/child support deductions received after the entry of this order. 6. That this continuing Wage Deduction Order shall remain in effect until the judgment of $ plus 9% simple interest and costs of $ are paid in full, the Defendant ceases to be employed by the employer, the employee files bankruptcy, or this Court enters an order modifying this order.

7. That any other liens or wage deduction proceedings (other than spouse/child support) shall be held and stacked in the order received by the employer and take effect only upon conclusion of the Order. 8. That this Court retains jurisdiction of the parties hereto and subject matter hereof to amend this order upon any change in circumstances.

DATE:

JUDGE

NAME:

ATTORNEY FOR:

ADDRESS:

CITY:

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

Plaintiff vs. Case # Defendant's Name & Social Security Number

Employer NON-WITHHOLDING WAGE DEDUCTION ORDER This cause coming to be heard on the return of a Wage Deduction Summons, the Court finding: The employer has failed to file an Answer after service of the Wage Deduction Summons The employer has filed an Answer showing no funds available to the judgment creditor due to nonemployment or bankruptcy of the judgment debtor The employer has filed an Answer of no funds due to the employee's insufficient income or prior support or Wage Deduction Orders

IT IS HEREBY ORDERED:

That a Conditional Judgment is entered against the employer, in favor of defendant, , for us by plaintiff in the sum of $ . That these Wage Deduction proceedings are hereby continued to for further hearing as to: Status of current deduction orders. OTHER , 200__

,

.

That this Wage Deduction proceeding shall continue in full force and effect even though it may be subordinate to prior proceedings and no funds are being held at this time.

DATE

JUDGE

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

CERTIFICATION OF JUDGMENT BALANCE

Employer Name: Address: City, State:

RE:

Creditor: Defendant: Case No. Balance Due at End of Last Quarter:

Pursuant to the Illinois Code of Civil Procedure, Section 12/808.5, the undersigned hereby certifies that the above-stated amount is the balance due on the judgment as of the last day of the last calendar quarter. Please note that the law requires the employer to hand deliver or mail by First Class Mail, a copy of this certification to the judgment debtor at the judgment debtor's last known address.

Attorney for Judgment Creditor or Pro Se Creditor

Employer copy

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS

Plaintiff vs. Defendant and Garnishee

) ) ) ) ) ) ) ) )

No._________________________

AFFIDAVIT FOR GARNISHMENT-NON-WAGE __________________________________________________________on oath states: 1. Judgment was entered in this case on ___________________________________________, 20______, in favor of judgment creditor ___________________________________________________________________________________ and against judgment debtor ______________________________________________________________________________ for $_______________________________and costs. 2. $____________________________has been paid on the judgment. 3. There is unpaid on the judgment $_______________________principal $_______________________costs $_______________________interest $_______________________TOTAL

4. I believe garnishee is indebted to the judgment debtor other than for wages, or has in his/her/its possession, custody or control property belonging to the judgment debtor or in which judgment debtor has an interest. 5. The last known address of the judgment debtor is: I request that summons be issued and directed to the garnishee. Signed and sworn to before me ___________________, 200___. .

Notary Public

CERTIFICATE OF CLERK OF COURT OR ATTORNEY I certify that judgment was entered as stated in paragraph 1 above._____________________________________ Clerk of the Court or Attorney for judgment creditor Name_______________________________________ Attorney for__________________________________ Address_____________________________________ City________________________________________ Telephone___________________________________ NOTE: FOUR (4) COPIES OF THIS AFFIDAVIT MUST BE SERVED ON THE GARNISHEE Answer to interrogatories on reverse side hereof to be filed 21 to 30 days after service of summons.

INTERROGATORIES TO GARNISHEE

1. When you were served with summons did you have in your possession, custody or control any property belonging to the judgment debtor or in which he/she had an interest? Answer: ________________
(yes or no)

2. If your answer is yes, describe the property: _______________________________________________________________________________________________ _______________________________________________________________________________________________ ______________________________________________________________________________________________ 3. When you were served with the summons were you otherwise indebted to him/her, no matter when payable? Answer: _____________
(yes or no)

4. If your answer is yes, state: Description: _________________________________________________________________________________ Amount: $ ____________________________________ Date due: ____________________________________________________ 5. A copy of the answers to these interrogatories must be filed with the Circuit Clerk and a copy should be sent to the Judgment Creditor or the attorney for the Judgment Creditor by the return date. 6. The garnishee shall forward to the attorney for the Judgment Creditor or the Judgment Creditor, a check for the net amount due the Judgment Creditor, only after the court has entered a deduction order. DO NOT REMIT FUNDS TO THE CIRCUIT CLERK. AFFIDAVIT The undersigned, on oath states that the answers to the interrogatories are true, and that a copy of the completed interrogatories has been mailed by First Class Mail or hand delivered to the Judgment Debtor at his/her last known address.

GARNISHEE Signed and sworn to before me , 200___.

Notary Public

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK
MADISON COUNTY, ILLINOIS

PlaintiffJudgment Creditor vs. DefendantJudgment Debtor

} ) ) ) ) ) ) )

No.

Address of Judgment Debtor:
(insert last known address)

Name and Address of Attorney for Judgment Creditor or of Judgment Creditor if not represented by an attorney:

Amount of Judgment: $ Name of Garnishee

Return Date:

GARNISHMENT NOTICE
NOTICE: The court has issued a garnishment summons against the garnishee named above for money or property (other than wages) belonging to the judgment debtor or in which judgment debtor has an interest. The garnishment 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 money or property (other than wages) that may be garnished is limited by federal and Illinois law. The judgment debtor has the right to assert statutory exemptions against certain money or property of the judgment debtor which may be used to satisfy the judgment in the amount stated above. Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $2,000 in value, in any personal property as chosen by the debtor, Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veterans' benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $1,200 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $750 in value, in any implements, professional books or tools of the trade of the debtor. The judgment debtor may have other possible exemptions from garnishment under the law. The judgment debtor has the right to request a hearing before the court to dispute the garnishment or to declare exempt from garnishment certain money or property or both. To obtain a hearing in counties with a population of less than 1,000,000 the judgment debtor must notify the Clerk of the Court in writing at
(Address)

on or before the return date specified above. The Clerk of the Court will provide a hearing date and the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor and the garnishee regarding the time and location of the hearing. This notice may be sent by regular first class mail.
(Source: PA 82-280)

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK
MADISON COUNTY, ILLINOIS

Plaintiff

vs.

and

) ) ) ) ) Defendant ) ) ) ) Garnishee )

No. ____________________________

Address of garnishee: _

GARNISHMENT SUMMONS --- NON-WAGE
To the garnishee: YOU ARE SUMMONED and required to file answers to the judgment creditor's interrogatories, in the office of the clerk of this court Illinois, on or before
(21 to 30 days after date of issuance of this summons)

, 200__.

However, if this summons is served on you less than 10 days prior to the return date, you must file answers to the interrogatories on or before 14 days after the return date stated on the summons.
IF YOU FAIL TO DO SO, 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 be served later than the above date. Witness, _______________________________, 200 ___.
(Clerk of the Circuit Court) (Seal of court) By ____________________________________________________ (Deputy)

(Plaintiff's attorney or plaintiff if he/she is not represented by an attorney) Name Attorney for Address City Telephone

Date of service

, 200___

(To be inserted by officer on copy left with garnishee defendant or other person)

RETURN OF SERVICE
SHERIFF'S FEES ( ( ( ( ( Service and return.........................$________ Miles ______________..................$________ Total........................................$________

I certify that I served this summons on garnishees as follows:
(check appropriate box, and complete information below)



(a)--(Individual garnishees--personal): By leaving a copy of said summons, 4 copies of the interrogatories, and one copy of the garnishment notice with each individual garnishee personally. (b)--(Individual garnishees--abode): By leaving a copy of said summons, 4 copies of the interrogatories, and one copy of the garnishment notice at the usual place of abode of each individual garnishee with a person of his/her family, of the age of 13 years or upwards, informing that person of the contents and also by sending a copy of the summons, 4 copies of the interrogatories, and one copy of the garnishment notice in a sealed envelope with postage fully prepaid, addressed to each individual garnishee at his/her usual place of abode, as follows: Name of garnishee Mailing Address Date of Mailing



(c)--(Corporation garnishee): By leaving a copy of said summons, 4 copies of the interrogatories, and one copy of the garnishment notice with the registered agent, officer or agent of each garnishee corporation, as follows: Garnishee corporation Registered agent, officer or agent Date of service



(d)--(Other service): Name of garnishee Name of person Summons given to Sex Place of Service
exact street address when possible

Race

Approximate Age

Date of Service

Time

Date of Mailing

I further certify that within 2 business days of the service upon the garnishee, I have mailed a copy of the garnishment notice and the summons to the judgment debtor by first class mail at the judgment debtor's address indicated in the garnishment notice and within 4 business days of the service upon the garnishee I have filed with the clerk of the court certificates of mailing. , Sheriff of County By __________________________________________, Deputy

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT

MADISON COUNTY, ILLINOIS , Judgment Creditor Case No. vs. , Judgment Debtor CITATION TO DISCOVER ASSETS YOU ARE COMMANDED to appear before the Judge presiding in the Madison County Courthouse, 155 North Main St, Edwardsville, IL Courtroom to be assigned, on , 200___, at am/pm to be examined under oath concerning any and all property or income of the Judgment Debtor or any indebtedness due to the Judgment Debtor or any indebtedness due to the Judgment Debtor herein. THE JUDGMENT DEBTOR IS COMMANDED TO PRODUCE AT COURT: Federal and state income tax returns for the last two (2) years. Current year-to-date wage statement or check stub. Titles to automobiles Deed to real estate or other evidence of ownership of real estate. Insurance policies or other evidence of any other property ownership Evidence of any accounts in nay bank, savings & loan or credit union.
(Collections)

1. 2. 3. 4. 5. 6.

THE JUDGMENT DEBTOR IS PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Debtor or to which he/she may be entitled or which may be acquired by or become due to him/her and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to him/her, until the further order of court or termination of the proceedings. YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. WITNESS: MATT MELUCCI, Clerk of the Circuit Court with the seal thereof, at Edwardsville, IL Date: by , Deputy Clerk

The Judgment Creditor or Attorney on penalty of perjury by his/her signature hereupon certifies that Judgment was entered against the Judgment Debtor on ________________, _______, in the amount of $____________ and that $____________ thereof remains unsatisfied. ___________________ __________________________________________ date Judgment Creditor or Attorney ------------------------Pro Se Judgment Creditor's Address ______________________________________________________ Telephone: __________________________ Attorney for Judgment Creditor ________________________________ , Illinois Reg. No. _________________ Address ________________________________________________________ Telephone ___________________________ --------------------------------------------------------------------------

NOTE: RETURN OF SERVICE MUST BE MADE ON THE FOLLOWING PAGE.
-- Original Returned to Court --- Copy to Defendant

CITATION NOTICE
TO: , Judgment Debtor , Address

Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If pro se):

Amount of Judgment unpaid: $

Return date and time specified in citation:
Citation will be heard in the Madison County Courthouse, 155 N. Main St., Edwardsville, Courtroom to be assigned

NOTICE: The Court has issued a citation against the Judgment debtor named above. The citation directs that person to appear in court to be examined for the purpose of allowing the Judgment Creditor to discover income and assets belonging to the Judgment Debtor or in which the Judgment Debtor has an interest. The citation was issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. On or after the court date stated above, the court may compel the application of any discovered income or assets toward payment on the judgment.
The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. The JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE: (1) Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $2,000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veteran's benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $1,200 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $750 in value, in any implements, professional books, or tools of the trade of the debtor. (2) Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $7,500, which homestead is exempt from judgment. (3) Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage. (4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage. (5) Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. The Judgment Debtor may have other possible exemptions under the law. THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The Judgment Debtor also has the right to seek a declaration that assets are exempt at an earlier date, by notifying the clerk in writing at the Madison County Courthouse where the Citation is scheduled to be heard. When so notified, the Clerk of the Court will obtain a prompt hearing date from the Court and will set the matter for hearing with notice to the parties of the time and location of the hearing. This Citation Notice should be served along with the Citation. A copy of the Citation and Citation Notice with proof of service on the Judgment Debtor must be filed with the Court before any Order is entered. -------------------------------------------------------------------------------------

Date of service, ____________, 200____

On On

Judgment Debtor personally OR Member of household's Name

If served on Member of household, date copy was mailed to Debtor at address of service Description of person served Where served Served by , Deputy or Special or Licensed Process Server (To be completed on copy left with person served and on copy returned to Court with Citation)

IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Judgment Creditor vs.
, Judgment Debtor

Case No. _________________ , Third Party THIRD PARTY CITATION TO DISCOVER ASSETS

YOU ARE COMMANDED to appear before the Judge presiding in , IL, Courtroom # , on , 200___, at am/pm to be examined under oath concerning any and all property or income of the Judgment Debtor or any indebtedness due to the Judgment Debtor herein. THE THIRD PARTY IS PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Judgment Debtor or to which the Debtor may be entitled or which may be acquired by or become due to the Debtor and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to the Debtor, until the further order of court or termination of the proceedings.
THE THIRD PARTY SERVED WITH THIS CITATION IS COMMANDED to produce at the examination all books, papers or records in your possession or control which may contain information concerning the property or income of, or any indebtedness due to the Judgment Debtor. The Third Party is not required to withhold the payment of any money beyond double the amount of the unpaid judgment balance.

YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. FAILURE TO COMPLY WITH THIS CITATION MAY SUBJECT THE THIRD PARTY TO A JUDGMENT FOR THE BALANCE UNPAID PLUS COSTS.
WITNESS: MATT MELUCCI, Clerk of the Circuit Court with the seal thereof, at Edwardsville, IL Date: by: , Deputy Clerk

The Judgment Creditor or Attorney on penalty of perjury by his/her signature hereupon certifies that Judgment was entered against the Judgment Debtor on $____________ thereof remains unsatisfied. ___________________ date __________________________________________ Judgment Creditor or Attorney , 200__, in the amount of $____________ and that

Pro Se Judgment Creditor's Address ______________________________________________________ Telephone: __________________________ Attorney for Judgment Creditor ________________________________ , Illinois Reg. No. _________________ Address _________________________________________________ Telephone ___________________________

NOTE: RETURN OF SERVICE MUST BE MADE ON THE FOLLOWING PAGE.

CITATION NOTICE
TO: , Judgment Debtor Address

Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If pro se): ___________________________________________________________________________________________ Amount of Judgment unpaid: $

Return date and time specified in citation: ____________________________________________
Citation will be heard in IL, Courtroom #

NOTICE: The court has issued a citation against a Third Party. The citation directs that person to appear in court to be examined for the purpose of allowing the Judgment Creditor to discover income and assets belonging to the Judgment Debtor or in which the Judgment Debtor has an interest. The citation was issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. On or after the court date stated above, the court may compel the application of any discovered income or assets toward payment on the judgment. The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. The JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE: (1) Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $2,000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veteran's benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $1,200 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $750 in value, in any implements, professional books, or tools of the trade of the debtor. (2) Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $7,500, which homestead is exempt from judgment. (3) Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage. (4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage. (5) Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. The Judgment Debtor may have other possible exemptions under the law. THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The Judgment Debtor also has the right to seek a declaration that assets are exempt at an earlier date, by notifying the clerk in writing at the Madison County Courthouse where the Citation is scheduled to be heard. When so notified, the Clerk of the Court will obtain a prompt hearing date from the Court and will set the matter for hearing with notice to the parties of the time and location of the hearing.
When the Citation is served on a Third Party, the Citation and Citation notice must be mailed to the Judgment Debtor within three days of service on the Third Party and may be sent by regular mail. A copy of the Citation and Citation Notice with proof of service on the Judgment Debtor must be filed with the Court before any Order is entered.
-------------------------------------------------------------------------------------

Date of service, Name

, 200___

On On

Third Party personally OR Member of household's

If served on Member of household, date copy mailed to Third Party at address of service____________________ Description of person served_________________________________________________________ Where served ________________________________________________________ Served by ________________________________, Deputy or Special or Licensed Process Server (to be completed on copy left with person served and on copy returned to Court with Citation)

IN THE CIRCUIT COURT THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS __________________________________ Judgment Creditor vs. __________________________________ Judgment Debtor __________________________________ Address __________________________________ CONTEMPT CITATION WHEREAS, Complaint has been made to a Judge of this Court by the Judgment Creditor against the Judgment Debtor and an Order for Contempt Citation to issue against the Judgment Creditor has been entered, IT IS THE ORDER OF THIS COURT THAT THE JUDGMENT DEBTOR APPEAR BEFORE THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, before the Judge presiding in the Madison County Courthouse, Edwardsville, IL, Courtroom to be assigned, on________________________ , 200____ at __________am/pm TO SHOW CAUSE WHY HE/SHE SHOULD NOT BE HELD IN INDIRECT CIVIL CONTEMPT OF COURT AND PUNISHED AS PROVIDED BY LAW, and to further do and perform what shall then be required and adjudged by the said Court.
WITNESS: MATT MELUCCI, Clerk of the Circuit Court with the seal thereof, at Edwardsville , IL MATT MELUCCI, Clerk of the Circuit Court Date: ___________ by: _______________________________, Deputy Clerk

Case No. ______________

Pro Se Judgment Creditor's Address ___________________________________________________ Telephone: ________________________ Attorney for Judgment Creditor ___________________________ , Illinois Reg. No. _____________ Address ________________________________________________________ Telephone ___________________________ Date of service, _______________, 200__ On Judgment Debtor personally OR On Member of household's Name____________________ If served on Member of household, date copy mailed to Debtor at address of service__________________ Description of person served_________________________________________________ Where served ________________________________ Served by ____________________________, Deputy or Special or Licensed Process Server (To be completed on copy left with person served and on copy returned to Court)

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Judgment Creditor vs. , Judgment Debtor
VERIFIED PETITION TO SHOW CAUSE FOR FAILURE TO APPEAR AT CITATION HEARING Judgment Creditor or Attorney for Judgment Creditor certifies under penalty of perjury by signature hereupon that the following allegations are true and correct: 1. A Citation to Discover Assets was issued and served with the Citation Notice required by statute on the Judgment Debtor by: personal service by Sheriff or Special or Licensed Process Server with return filed with the Court. service by certified mail with restricted delivery with return signed by the Judgment Debtor and filed with the Court. 2. The Judgment Debtor failed to appear for the Citation Hearing set on , 200___ at am/pm in the Madison County Courthouse located at 155 N. Main Street, Edwardsville, IL. 3. Defendant should be held in indirect civil contempt and punished for having willfully failed, refused and neglected to appear in response to the Citation.

Case No.
(EDW Supplementary Proceedings)

WHEREFORE, Judgment Creditor prays that an Order be entered requiring the Judgment Debtor to appear and show cause why he/she should not be held in indirect civil contempt and punished for failure to appear in response to the Citation which punishment may include incarceration in the County Jail as provided by statute.

date

Judgment Creditor or Attorney

IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS ____________________________________, Judgment Creditor Vs. ____________________________________, Judgment Debtor

Case No. _____________ (Collections)

ORDER FOR BODY ATTACHMENT
Judgment Debtor fails to appear although duly served and notified of this hearing date by personal service by Sheriff or Special or Licensed Process Server with return filed with the Court. The Court orders a Body Attachment to issue upon payment of required fee(s). Judgment Debtor's bond is set in the amount of $_____________CASH ONLY. TEN PER CENT BONDING DOES NOT APPLY. ____________________ date ______________________________ Presiding Judge

Description of Judgment Debtor: Male Female Race: ________________________ Date of Birth: _________________ Description or Distinguishing Characteristics: ___________________________ ________________________________________________

STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CLERK MADISON COUNTY SMALL CLAIMS SATISFACTION OF JUDGMENT or DISMISSAL OF CAUSE OF ACTION CASE NUMBER

Plaintiff(s), VS Defendant(s) SATISFACTION OF JUDGMENT
1. I, the undersigned judgment creditor, having received full satisfaction of the judgment rendered in this cause do hereby release and discharge the said judgment. Dated , 200___.

(Plaintiff)

MOTION FOR DISMISSAL OF SUIT 2. I, the undersigned, having received full payment and satisfaction in the cause of action contained in my complaint against the defendant do hereby move the Court to dismiss this suit.

Dated

, 200___.

(Plaintiff)

ORDER OF THE COURT On motion of the plaintiff this suit dismissed on , 200___

(Judge) INSTRUCTIONS TO THE CLERK 1. If a judgment is rendered in the Small Claims Division that is a judgment under $2,500.00 and the judgment is satisfied, the judgment may be satisfied by the plaintiff signing Section 1 of the form appearing above. 2. If a small claim is filed and the plaintiff receives satisfaction in full prior to the rendering of the judgment, Section 2 of this form would be completed and presented to the Court for an order dismissing the suit.