Illinois Compiled Statutes

735 ILCS 5/12-807 (2026)

Failure of employer to appear

✓ current as of May 2026
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(735 ILCS 5/12-807) (from Ch. 110, par. 12-807)
    Sec. 12-807. Failure of employer to appear.
    (a) If an employer fails to appear and answer as required by Part 8 of Article XII of this Act, the court may enter a conditional judgment against the employer for the amount due upon the judgment against the judgment debtor. A summons to confirm the conditional judgment may issue against the employer returnable not less than 21 nor more than 40 days after the date of issuance, commanding the employer to show cause why the judgment should not be made final. Service of the summons after conditional judgment shall be as provided by Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default. If the employer, after being served with summons to confirm the conditional judgment or after being notified as provided in subsection (b) hereof, fails to appear and answer, the court shall confirm such judgment to the amount of the judgment against the judgment debtor and award costs. If the employer appears and answers, the same proceedings may be had as in other cases.
    (b) If an employer becomes a non-resident, goes out of this State, or is concealed within this State so that the summons to confirm the conditional judgment cannot be served upon him or her, upon the filing by the plaintiff or his or her agent of an affidavit as in cases of non-resident defendants in attachments, the employer may be notified in the same manner as a non-resident defendant in attachment; and upon notice being given to him or her as above stated, he or she may be proceeded against in the same manner as if he or she had been personally served with summons to confirm the conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)

    
Notes of Decisions
Cited in 4 cases, 1993–2016 · leading case: Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016).
Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016). “See 5/12-808(e) — (f), including having a conditional judgment entered against it if it fails to appear and answer in response to a summons, 735 ILCS 5/12-807(a). No such penalty exists for the judgment debtor.”
In Re Earley, 305 B.R. 837 (Bankr. N.D. Ill. 2004). “735 ILCS 5/12-807 (2002). A summons then issues to confirm the conditional judgment.”
Chapman v. Currie Motors, Inc. (In re Chapman), 154 B.R. 267 (Bankr. N.D. Ill. 1993). “More likely, based on the notations in the docket entry, this order was entered pursuant to 735 ILCS 5/12-807 (formerly Ill.Rev.Stat.”
Johnson v. Blitt & Gaines, P.C., 114 F. Supp. 3d 596 (N.D. Ill. 2015). · cites it 2× “See 735 ILCS 5/12-807;’ Ohio R.C.- § 2716.21(C)-(F), .”
— 735 ILCS 5/12-807(a) — 1 case
Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016). “See 5/12-808(e) — (f), including having a conditional judgment entered against it if it fails to appear and answer in response to a summons, 735 ILCS 5/12-807(a). No such penalty exists for the judgment debtor.”
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