Illinois Garnishment Summons Non Wage is a court-ordered summons used to collect a debt from a debtor. It requires the debtor to appear in court to answer questions about their assets and income. The summons is issued by the court to the garnishee, who may be an employer, bank, or other financial institution. The garnishee is then required to turn over the debtor's assets to the court to satisfy the debt. There are two types of Illinois Garnishment Summons Non Wage: (1) Regular Non-Wage Garnishment Summons and (2) Supplemental Non-Wage Garnishment Summons. The Regular Non-Wage Garnishment Summons is used to collect a debt from a debtor who has no wages or other income to be collected, while the Supplemental Non-Wage Garnishment Summons is used to collect a debt from a debtor who has wages or other income that is not subject to garnishment.
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.
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 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 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.
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.
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.