An Illinois Affidavit For Garnishment (Non-Wage) is a legal document used in the state of Illinois to collect a debt from a debtor who does not receive wages. This document is filed in court and allows the creditor to garnish a debtor's non-wage assets such as bank accounts, investments, and other property. There are two types of Illinois Affidavit For Garnishment (Non-Wage): the "Regular Garnishment" and the "Continuing Garnishment". The Regular Garnishment is used to garnish the debtor's non-wage assets within a certain period of time, while the Continuing Garnishment is used to garnish the debtor's non-wage assets for an indefinite period of time. Both types of garnishment require the creditor to provide the court with a detailed description of the debt owed, the debtor's financial information, and the creditor's contact information.
Illinois Affidavit For Garnishment (Non-Wage)
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How to fill out Illinois Affidavit For Garnishment (Non-Wage)?
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In Illinois, non-wage garnishments cover assets beyond regular employment income, such as bank accounts or rental payments. The statutes specify how creditors can access these funds and the required procedures for successful garnishment. If you are preparing an Illinois Affidavit For Garnishment (Non-Wage), be sure to understand these regulations fully to ensure compliance. Utilizing resources like uslegalforms can provide essential guidance on the appropriate steps and requirements.
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.
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.
Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.
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 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.
For the most part, there are only two ways to stop wage garnishments in Illinois. First, you can pay off the judgment. You may be able to pay the judgment in a lump sum, or you may have to wait for the garnishment to run its course. The second way to stop a garnishment is by filing bankruptcy.
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.