An Illinois Affidavit for Garnishment Non-Wage is a legal document used in the state of Illinois to garnish non-wage assets, such as bank accounts, from a debtor. This document must be filled out and signed by the creditor as proof that the debt is valid and due. The affidavit must include the debtor's name, address, the amount of the debt, the date it was incurred, and a description of the non-wage assets being sought. There are two types of Illinois Affidavit for Garnishment Non-Wage: the Standard Affidavit for Garnishment Non-Wage and the Expedited Affidavit for Garnishment Non-Wage. The Standard Affidavit is used when the creditor wishes to receive a garnishment order from the court. The Expedited Affidavit is used when the creditor has already received a garnishment order from the court and needs to speed up the process.
Illinois Affidavit For Garnishment Non-Wage
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How to fill out Illinois Affidavit For Garnishment Non-Wage?
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FAQ
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
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.
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
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.
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.
The written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.
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 document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.