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Illinois Notice of Motion for Exemption of Wage Deduction

Illinois Notice of Motion for Exemption of Wage Deduction

Name: Illinois Notice of Motion for Exemption of Wage Deduction
Brand: US Legal Forms
Price: 59.00 USD
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Category:

Illinois Local County - La Salle - General

State:

Illinois

Control #:

IL-SKU-2516

Format:

Instant download

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Notice of Motion for Exemption of Wage Deduction An Illinois Notice of Motion for Exemption of Wage Deduction is a document that must be filed with the circuit court in Illinois when an employee wishes to have their wages exempt from a garnishment or levy. This document must be submitted with supporting evidence such as a financial statement, evidence of indebtedness, and proof of earnings. The Notice of Motion is generally used when an employee is unable to pay their creditors due to a financial hardship. There are three types of Illinois Notice of Motion for Exemption of Wage Deduction: Exemption of Wage Deduction for Support, Exemption of Wage Deduction for Support and Maintenance, and Exemption of Wage Deduction for Property Tax. Each type of Notice of Motion provides specific criteria that must be met in order for the employee's wages to be exempt from garnishment or levy.

An Illinois Notice of Motion for Exemption of Wage Deduction is a document that must be filed with the circuit court in Illinois when an employee wishes to have their wages exempt from a garnishment or levy. This document must be submitted with supporting evidence such as a financial statement, evidence of indebtedness, and proof of earnings. The Notice of Motion is generally used when an employee is unable to pay their creditors due to a financial hardship. There are three types of Illinois Notice of Motion for Exemption of Wage Deduction: Exemption of Wage Deduction for Support, Exemption of Wage Deduction for Support and Maintenance, and Exemption of Wage Deduction for Property Tax. Each type of Notice of Motion provides specific criteria that must be met in order for the employee's wages to be exempt from garnishment or levy.

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How to fill out Illinois Notice Of Motion For Exemption Of Wage Deduction?

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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 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.

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.

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 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.

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.

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IN THE CIRCUIT COURT FOR THE TWENTY-THIRD. Notice Of Motion For Wage Deduction Exemption Hearing Form.This is a Illinois form and can be use in Will Local County. 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. Judgment Creditor (person who money is paid to) must fill out this section and attach to one copy of the wage execution application (JD-CV-3). Employee's Withholding Certificate. Complete Form W-4 so that your employer can withhold the correct federal income tax from your pay. Withholding Examples. NumberTitleOther Languages‑Teen Driving October 2019 • 3 minute readOther Languages. Spanish45 Withholding of your wages for a motion to stop the garnishment.

Illinois Notice of Motion for Exemption of Wage Deduction

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