The Illinois Affidavit for Garnishment Non Wage is a form used by creditors to garnish money from a debtor's non-wage assets. This includes assets such as bank accounts, investments, and other liquid assets. There are two types of Illinois affidavits for Garnishment Non Wage: one for Garnishment of Bank Accounts and one for Garnishment of Other Liquid Assets. The Bank Account affidavit requires the creditor to provide information about the debtor, the debt owed, and the account from which the funds are to be drawn. The Other Liquid Assets' affidavit requires the creditor to provide information about the debtor, the debt owed, and the liquid asset from which the funds are to be drawn. Both forms must be signed in the presence of a witness and a court officer.
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
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.
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.
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.
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.