Illinois Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
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Word; 
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Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

An employee's wages, salaries, and commissions may be taken from an employer through appropriate legal procedures to satisfy such debts as: (1) judgments for family support, such as money needed for support of a child or an ex spouse; (2) certain student loans; and (3) back rent on a residential lease.

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.

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.

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.

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.

Limits on Wage Garnishment in Illinois up to 15% of your gross wages for that week, or. the amount of disposable earnings that remains after deducting the Illinois minimum wage (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45.

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Illinois Motion to Discharge or Quash Writ of Garnishment