The Illinois Notice of Motion For Wage Deduction Exemption Hearing is a form used to provide notice of a hearing in Illinois to determine if state laws allow wage deductions from a worker’s paycheck. The purpose of the hearing is to decide whether the proposed wage deductions are prohibited by the Illinois Wage Payment and Collection Act, or any other applicable law. The hearing is held before a judge or hearing officer, and the employer and employee must both be present. The hearing may result in a determination that the employee is entitled to a wage deduction exemption, or that the employer may proceed with the proposed deductions. There are two types of Illinois Notice of Motion For Wage Deduction Exemption Hearings: 1) Exemption Request Hearing, and 2) Response Hearing. The Exemption Request Hearing is the initial hearing where the employee requests an exemption from the proposed wage deductions, while the Response Hearing is the hearing that follows the Exemption Request Hearing, in which the employer must respond to the employee's request.
Illinois Notice of Motion For Wage Deduction Exemption Hearing
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FAQ
In non-wage garnishments, 735 ILCS 5/12-701 requires the judgment creditor, or other person, to file an affidavit stating that the affiant believes the garnishee is indebted to the judgment debtor or has property of the judgment debtor. Failure to file such affidavit invalidates the garnishment.
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.
The Wage Deduction Notice tells the Respondent you are trying to do a wage garnishment, and tells them they have the right to protect their exempt wages. It also tells the Respondent the ?return date.? The return date is the deadline for the Employer to answer the Wage Deduction Summons.
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 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.
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.
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.