The Illinois Affidavit for Garnishment Non-Wage is a legal document used by creditors to garnish a debtor's assets or property. It can be used to collect on a debt from any asset or property owned by the debtor that is not wages from employment. It is used when the debtor has failed to make payment on a debt and the creditor is attempting to recoup the debt. There are three types of Illinois Affidavit for Garnishment Non-Wage: 1. Property or Asset Garnishment — This type of garnishment is used to seize any tangible property or asset owned by the debtor. This includes vehicles, stocks, bonds, and any other property that can be sold to pay off the debt. 2. Bank Account Garnishment — This type of garnishment is used to seize any money held in the debtor's bank account. 3. Personal Property Garnishment — This type of garnishment is used to seize any personal property owned by the debtor, such as clothing, jewelry, or artwork. In all cases, an Illinois Affidavit for Garnishment Non-Wage must be completed by the creditor and approved by the court before the garnishment can be enforced.
Illinois Affidavit For Garnishment Non-Wage
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How to fill out Illinois Affidavit For Garnishment Non-Wage?
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FAQ
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.
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.
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.
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.
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.