Illinois Defendants Motion To Claim Exemption Under Wage Deduction Proceedings is a legal document filed by a defendant in an Illinois court action. This motion seeks an exemption from a wage deduction proceeding, which is a process in which a creditor can garnish a debtor’s wages to collect on a debt. This motion can contain several types of claims for exemption, such as an exemption due to the debtor's financial hardship, or an exemption due to the debtor being a single parent or head of household. The motion must include an affidavit, which is a sworn statement of the debtor's financial circumstances. The motion must also include documentation of the debtor's income and expenses, as well as any other information that may be relevant to the debtor's claim for exemption. If granted, this motion can protect the debtor from wage deductions and can offer them some financial relief.
Illinois Defendants Motion To Claim Exemption Under Wage Deduction Proceedings
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FAQ
In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to be due, leaving to the employee all remedies to which he may otherwise be entitled as to any balance claimed.
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
How much can an employer deduct? 15% of your gross wages; or. The amount of disposable income (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. In other words, the state cannot leave the employee 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.
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.
Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.