The Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing is a legal document used by debtors in the state of Illinois to seek an exemption from wage garnishment. This document is filed in the Circuit Court of the county where the debtor resides. The hearing is held to determine if the debtor qualifies for an exemption from wage garnishment due to financial hardship. Upon filing the notice, the court will issue a summons and a hearing date will be set. At the hearing, the court will review the debtor's financial situation and consider various factors, such as income, expenses, and whether the debtor has any assets or other sources of income. The court may grant an exemption if it finds that the debtor cannot pay the debt without suffering undue hardship. There are two types of Illinois Motion Non Wage Garnishment Exempt Hearing: Motion to Vacate or Modify an Order of Wage Garnishment and Motion to Dissolve or Modify or Terminate an Order of Wage Garnishment.
Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing
Description
How to fill out Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing?
If you’re looking for a way to appropriately complete the Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing without hiring a legal representative, then you’re just in the right place. US Legal Forms has proven itself as the most extensive and reliable library of formal templates for every private and business situation. Every piece of documentation you find on our web service is designed in accordance with federal and state regulations, so you can be certain that your documents are in order.
Follow these simple guidelines on how to acquire the ready-to-use Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing:
- Make sure the document you see on the page meets your legal situation and state regulations by checking its text description or looking through the Preview mode.
- Enter the form name in the Search tab on the top of the page and select your state from the dropdown to find an alternative template if there are any inconsistencies.
- Repeat with the content check and click Buy now when you are confident with the paperwork compliance with all the requirements.
- ​Log in to your account and click Download. Create an account with the service and select the subscription plan if you still don’t have one.
- Use your credit card or the PayPal option to pay for your US Legal Forms subscription. The document will be available to download right after.
- Decide in what format you want to save your Illinois Notice Of Motion Non Wage Garnishment Exempt Hearing and download it by clicking the appropriate button.
- Import your template to an online editor to complete and sign it quickly or print it out to prepare your hard copy manually.
Another great thing about US Legal Forms is that you never lose the paperwork you acquired - you can find any of your downloaded templates in the My Forms tab of your profile whenever you need it.
Form popularity
FAQ
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.
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.
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.
Some states set a lower limit on how much of your wages are subject to garnishment. In Illinois, consumer creditors, such as credit card issuers and hospitals, must have a money judgment against you, and even then, can deduct only as much as 15% of your wages.
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.
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 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.