6.1 Service of Rules and Orders: Attachment


(a) Service upon parties - Except as provided herein, a service of a rule or order upon a party shall be made in the manner and upon the persons described in Supreme Court Rule 105(b).

(b) Attachment without service - When the court record will not support an order for body attachment without service of a rule to show cause, upon a motion supported by affidavit stating facts showing that a party to the action:

(i) will not respond to a rule or order; or

(ii) threatens to leave the jurisdiction of the court or conceals himself to elude or to avoid the process of the court and to make the enforcement of the judgment or order impossible, the court may order the attachment of the party without service of the rule or order, and the attached party shall be heard when brought before the court.

(c) In all actions seeking to enforce a judgment no process shall issue for the arrest and imprisonment of the judgment debtor without a hearing first had upon notice to said debtor. Notice shall be made in the manner described in Supreme Court Rule 105(b).

(d) Service upon persons not parties - Service of a rule or order upon a person not a party to the action shall be made in like manner as service of summons, by any person over 18 years of age not a party to the action. No attachment against a person not a party to the action shall issue without prior service of the rule or order.

(e) Orders declaring Real Estate Tax Sales in error - A copy of all orders declaring real estate tax sales to be sales in error and vacating said tax sale shall be delivered by the Clerk of the Circuit Court to the County Treasurer and also to the County Clerk for posting in the real estate tax records maintained by the County Clerk.

(f) Wage Deductions - Pursuant to 735 ILCS 5/12-801, et seq., and 735 ILCS 5/12-705, the Affidavit for Wage Deduction Order and the Garnishment Summons shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

(g) Garnishment (Non-Wage) - Pursuant to 735 ILCS 5/12-701 and 735 ILCS 5/12-705, the Affidavit for Garnishment and Interrogatories (Non-Wage) and the Garnishment Summons (Non-Wage) shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

[Amended January 31, 1994, effective February 15, 1994.]