§ 5/12-810 Adverse claims

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article XII > Part 8 : 5/12-810 Adverse

§ 12-810. Adverse claims.

    (a) In the event any indebtedness or other property due from or in the possession of any employer is claimed by any other person, the court shall permit the claimant to appear and maintain his or her claim. A claimant not voluntarily appearing shall be served with notice in person or by certified or registered mail. If a claimant fails to appear after being served with notice in the manner directed, he or she shall be concluded by the judgment entered in the proceeding against any claim on the wages involved in that proceeding.

    (b) If the adverse claimant appears and, within the time the court allows, files his or her claim and serves a copy thereof  upon the judgment creditor and the employer, he or she is then a party to the proceeding, and his or her claim shall be tried and determined with the other issues in the action. If the adverse claimant is entitled to all or part of the indebtedness or other property, the court shall enter judgment in accordance with the interest of the parties.