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Illinois Interrogatories answer To Wage Deduction Proceedings

State:
Illinois
Control #:
IL-SKU-0521
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Interrogatories answer To Wage Deduction Proceedings

Illinois Interrogatories answer To Wage Deduction Proceedings are written responses to a court-ordered wage deduction action. These responses, or interrogatories, are used to provide the court with the information necessary to make a decision about a particular wage deduction dispute. The interrogatories must be answered by the employee who is the subject of the wage deduction action, the employer who initiated the wage deduction action, and any third parties who may be involved in the case. The most common types of Illinois Interrogatories answer To Wage Deduction Proceedings are: 1. Explanation of the wage deduction action: This interrogatory requires the employee and employer to explain why the wage deduction action was initiated in the first place. 2. Identification of parties involved: This interrogatory requires the employee and employer to provide the court with the names of all parties involved in the wage deduction action. 3. Documentation of the wage deduction action: This interrogatory requires the employee and employer to submit all relevant documentation related to the wage deduction action. This documentation includes copies of any relevant contracts, agreements, or other documents related to the wage deduction action. 4. Witnesses to the wage deduction action: This interrogatory requires the employee and employer to provide the court with the names of any witnesses to the wage deduction action. These witnesses may be able to provide additional information to the court regarding the wage deduction action. 5. Calculation of wages: This interrogatory requires the employee and employer to provide detailed information regarding the wages that were deducted as part of the wage deduction action. This includes a calculation of the total wages that were deducted, as well as a breakdown of the individual components that made up the total amount.

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FAQ

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.

In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.

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.

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.

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.

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.

A wage garnishment starts with a wage deduction summons or a third party citation. The creditor sends this document to you, along with interrogatories. These are questions about the debtor's employment and income. The interrogatories are on the back of the summons or third-party citation, or a separate document.

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.

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Illinois Interrogatories answer To Wage Deduction Proceedings