Illinois Defendant's Motion to Claim Exemption

State:
Illinois
Control #:
IL-SKU-2515
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PDF
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Description

Defendant's Motion to Claim Exemption

An Illinois Defendant's Motion to Claim Exemption is a legal document filed in court by a defendant in a civil lawsuit in the state of Illinois. It is used to request that the court exempt certain assets of the defendant from being used to satisfy any judgment that may be entered in the case. This exemption is based on the Illinois Exemptions Statutes, which protect certain property owned by the defendant from being used to satisfy a judgment. Types of Illinois Defendant's Motion to Claim Exemption could include: personal property exemptions, homestead exemptions, wage exemptions, and pension exemptions. The motion must be filed with the court prior to the entry of a judgment, and must include details of the property that the defendant is seeking to have exempted.

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FAQ

How do I get temporary custody in Illinois? A parent gets temporary custody of their child by filing a Motion for Temporary Custody. Then, at the hearing, they have to prove to the judge that it is in the child's best interest for them to have custody.

Temporary custody orders These orders often allocate parental responsibilities and parenting time for the duration of the court process or settlement process. They remain in effect until a judge modifies them or issues a final judgment.

Emergency Motions shall include an affidavit or verification stating facts that identify the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence.

You may bring a motion to reconsider within thirty days if the court has made an error in applying the law. Therefore, a motion to reconsider is not a weapon to be used to change the court's mind. It is a tool for the rare instances where new evidence comes to light, the law changes, or the court has made a mistake.

An emergency custody order temporarily awards custody?called parenting time and parental responsibilities in Illinois?to one parent if the court believes the child's well-being is at risk. It is not an order of protection and will not restrict the other parent's access to see their child.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

An emergency hearing is a means to remove a child from a potentially dangerous situation by changing custody arrangements that have already been agreed upon. Under Illinois law, either parent can file for an emergency hearing if they are concerned that their child's health and safety are at risk.

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Illinois Defendant's Motion to Claim Exemption