The Illinois Affidavit for Garnishment (non-wage) — Municipal is a legal document used by a municipality to seek repayment of debts owed by a debtor. The Affidavit is used when the municipality is seeking to garnish the debtor's non-wage assets, such as bank accounts, securities, or real estate. The Affidavit must be completed and filed with the local court, and a copy must be served on the debtor. There are two types of Illinois Affidavit for Garnishment (non-wage) — Municipal: 1) Garnishment of Bank Accounts and Securities; and 2) Garnishment of Real Estate. The Affidavit includes information such as the debtor's name and address, the amount of the debt, and the type of assets to be garnished. The Affidavit must also include a statement from the municipality that the debt is owed and that the debtor has failed to pay the debt.
Illinois AFFIDAVIT FOR GANISHMENT(NON-WAGE)-MUNICIPAL
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FAQ
To enforce a judgment in Illinois, you generally need to file actions to seize assets or income of the debtor. The Illinois AFFIDAVIT FOR GARNISHMENT (NON-WAGE)-MUNICIPAL is often an essential tool in this process, as it gives you the formal means to request garnishment. This form contains necessary information about the debtor and helps establish the legal basis for enforcement.
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.
Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this Act, the court may enter a conditional judgment against the garnishee for the amount due upon the judgment against the judgment debtor.
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.
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.
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.
