Illinois Garnishment Summons-Non Wage is a court-ordered procedure to collect debt from a judgment debtor by attaching money or property held by a third party, known as a garnishee. The summons is issued by a court in the state of Illinois and the garnishee must respond within 30 days of service. There are two types of Illinois Garnishment Summons-Non Wage: Wage Garnishment and Non-Wage Garnishment. Wage Garnishment is a type of garnishment that is used to collect money from a debtor’s wages. Non-Wage Garnishment is a type of garnishment used to collect money from the debtor’s bank accounts, investments, or other assets. The garnishee is the third party that holds the debtor’s money or property. The garnishee is required to respond to the summons within 30 days and must remit the money or property to the court. Once the court receives the money or property, the court will distribute the funds to the creditor.
Illinois Garnishment Summons-Non Wage
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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.
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
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.
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.
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.
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.