Illinois Non-Wage Garnishment Notice

State:
Illinois
Control #:
IL-SKU-0523
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PDF
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Description

Non-Wage Garnishment Notice

The Illinois Non-Wage Garnishment Notice is a legal document issued by the state of Illinois that requires an employer to withhold a portion of an employee’s wages to pay off a debt. It is the responsibility of the employer to ensure the employee receives the appropriate notice of the garnishment. The notice will include the name of the creditor, the amount of the garnishment, and instructions to the employer on how to proceed. There are two types of Illinois Non-Wage Garnishments: bank Account Garnishment: This type of garnishment allows the creditor to collect the debt by garnishing the employee’s bank accountwageWage Garnishment: This type of garnishment allows the creditor to collect the debt by garnishing the employee’s wages. The employer must withhold a portion of the employee’s wages that is to be paid to the creditor.

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FAQ

To enforce a judgment in Illinois, a creditor can file a wage garnishment or a non-wage garnishment. When using the Illinois Non-Wage Garnishment Notice, creditors can collect from bank accounts or other assets, not just wages. It is essential to follow the legal procedures, including filing the notice correctly with the court. Utilizing tools and resources from platforms like uslegalforms can simplify this process.

Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.

Up to 15% of your gross wages for that week, or. the amount of disposable earnings that remains after deducting the Illinois minimum wage (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. (735 Ill.

In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.

Non-wage garnishment is the judgment creditor's attachment, after judgment, of the judgment debtor's property, other than wages, which is in the possession, custody or control of third parties. Example: A creditor files a non-wage garnishment to attach funds your client has deposited in the local bank.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

Bank Garnishment: Illinois allows the bank account of a judgment debtor to be attached through garnishment (735 ILCS 5/12-701 et seq.). The filing fee for this proceeding is based on a sliding scale relative to the size of the claim. Average costs are between $35 and $90.

A wage levy occurs when the Internal Revenue Service orders your employer to withhold a portion of your wages to satisfy a debt you owe. Unlike creditors, the Internal Revenue Service can put a levy on your wages without a court order.

The most the employer can hold out for you is 15% of the debtor's gross income before taxes or deductions. However, the withholding can't leave the debtor with less than 45 times the state minimum wage as weekly take-home pay.

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Illinois Non-Wage Garnishment Notice