This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
Illinois Suggestion for Writ of Garnishment
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Multi-State
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US-00987
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How to fill out Suggestion For Writ Of Garnishment?
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FAQ
One of the most common forms of defense is to file for an Illinois Chapter 7 or Chapter 13 bankruptcy. Once you file a bankruptcy petition and the required forms in court, the judge will issue an automatic stay that forbids your creditors from contacting you or taking any other action to try to collect on the debt.
Understanding What Judgment-Proof Means In Illinois, these exemptions include: A homestead exemption for as much as $15,000 of equity in the home, or $30,000 if owned by a married couple. Wage protection if the debtor's weekly income after taxes is less than 45 times the Illinois minimum wage.
One of the most common forms of defense is to file for an Illinois Chapter 7 or Chapter 13 bankruptcy. Once you file a bankruptcy petition and the required forms in court, the judge will issue an automatic stay that forbids your creditors from contacting you or taking any other action to try to collect on the debt.
Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.
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.
Joint Accounts The co-owner of a debtor's bank account can stop a creditor from garnishing money from the account if a majority of the money came from them and not the debtor. The creditor bears the initial burden of proving that the account belongs to the debtor and should be eligible for garnishment.
Illinois has set different rules for wage garnishment. 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 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.