The Illinois Affidavit for Garnishment Non-Wage is a document used in the garnishment of non-wage assets from a debtor in the state of Illinois. This document is used to notify the court of the non-wage assets that are in the possession of the debtor and state the amount of money that the debtor is liable for. There are two types of Illinois Affidavit for Garnishment Non-Wage: the Original Affidavit and the Renewal Affidavit. The Original Affidavit is used when the garnishment is first filed, while a Renewal Affidavit is used to continue the garnishment of non-wage assets after the initial filing. Both affidavits require information such as the debtor's name and address, the name of the creditor, the amount of the debt, and the type of non-wage assets that are being garnished. The Affidavit must also be signed by both the creditor and the debtor.
Illinois Affidavit for Garnishment Non-Wage
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FAQ
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
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 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.
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.
Wage Garnishment in Illinois 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 written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.
Non-wage garnishment is the judgment creditor's attachment, after judgment, of the judgment debtor's property, other than wages, which is in the possession, custody or control of third parties. Example: A creditor files a non-wage garnishment to attach funds your client has deposited in the local bank.