Illinois Non Wage Garnishment Notice

State:
Illinois
Control #:
IL-CV-NOT11
Format:
PDF
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Description

Non Wage Garnishment Notice

The Illinois Non Wage Garnishment Notice is a legal document issued to an individual borrower by a creditor. It is typically used to inform the debtor that the creditor has the right to seize the borrower's wages or other assets, including bank accounts, to pay off a debt. This form of garnishment is used when a judgment has been entered against the borrower and the creditor are unable to collect the debt through other means. The Illinois Non Wage Garnishment Notice outlines the creditor's legal rights, the amount of debt owed, the amount to be taken from the borrower's wages or assets, and the date by which payment must be received. There are two types of Illinois Non Wage Garnishment Notice: Standard Non Wage Garnishment Notice and Supplemental Non Wage Garnishment Notice. The Standard Non Wage Garnishment Notice is sent to the borrower's employer and outlines the amount of money that must be withheld from the borrower's paycheck each pay period. The Supplemental Non Wage Garnishment Notice is sent to the borrower's bank or other financial institution, and outlines the amount of money that must be taken from the borrower's bank account or other assets.

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FAQ

We often get asked, how do I stop IRS wage garnishments, and what is the maximum amount the IRS can garnish from your paycheck? Generally, the IRS will take 25 to 50% of your disposable income. Disposable income is the amount left after legally required deductions such as taxes and Social Security (FICA).

In Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. However, Texas does allow for a bank account to be frozen.

A creditor can garnish whichever is less: up to 25% of your disposable earnings or the amount of your disposable earnings that's more than 30 times the federal minimum wage (currently $217.50).

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 total amount garnished cannot be more than 25% of the employee's monthly disposable earnings. Exemptions from garnishment, including, but not limited to, worker's compensation, unemployment compensation, disability payments, OWF payments, or child support or spousal support, and most pensions.

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 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.

More info

NOTICE: The Court has issued a Garnishment Summons against the Garnishee named above for money or property (other than wages). An execution allows.See the notice to the employer to find out how much of your wages are protected from garnishment. Non-wage garnishment is when the money is taken directly out of your bank account. NOTICE: The court has issued a garnishment summons against the garnishee named above for money or property. (NON-WAGE GARNISHMENT). Non-wage garnishments differ from wage garnishments in that they are a one time payment. This notice is sent to inform an employer that a taxpayer who works for them has an unpaid tax liability. The second, non-wage garnishments, are lump sum garnishments and most often include attachments of money held in a bank account or state income tax refunds. Debtors should be aware that their bank may freeze their account as soon as they receive notice of the nonwage garnishment.

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Illinois Non Wage Garnishment Notice