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.
Illinois Notice of Motion for Exemption of Wage Deduction
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How to fill out Illinois Notice Of Motion For Exemption Of Wage Deduction?
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FAQ
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 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 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.
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.