Illinois Notice of Motion For Non-Wage Exemption Hearing

State:
Illinois
Control #:
IL-SKU-0072
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PDF
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Description

Notice Of Motion For Non-Wage Exemption Hearing

The Illinois Notice of Motion for Non-Wage Exemption Hearing is a document used by employers or employees in the State of Illinois to request a hearing to address issues related to a non-wage exemption. This document informs the other party of the hearing date and time, as well as the location, and any other requirements for the hearing. There are two types of Illinois Notice of Motion for Non-Wage Exemption Hearing: (1) a hearing to determine whether an employer is exempt from the minimum wage requirements of the Illinois Minimum Wage Law, and (2) a hearing to determine whether an employee is exempt from the overtime requirements of the Illinois Minimum Wage Law.

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FAQ

In Illinois, an unpaid judgment can become a lien on real estate. A judgment lien allows a creditor to force a sale of property owned by the debtor (you).

These are the major exemptions under Illinois law: Wages (exempt in part) ? 85 percent of an individual debtor's wages are exempt.Certain retirement funds ? Pension and individual retirement account (IRA) funds and individual retirement annuities are fully exempt from collections.

What is a Citation to Discover Assets to Debtor's Bank? A Citation to Discover Assets to Debtor's Bank is a court document that tells the bank to answer questions about the debtor's property and income.

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.

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.

A Citation to Discover Assets to Debtor is a court document requiring the debtor to come to court and answer questions about their property and income. Then, the judgment creditor can try to get that property or income to pay the judgment, if it is not protected by law.

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.

A citation to discover assets is a legal proceeding in which a creditor attempts to collect on a debt from a debtor. The citation is served upon the debtor and requires the debtor to appear at a hearing where the creditor can inquire about the debtor's assets and income.

More info

Notice of Motion Non-Wage Garnishment Exemption Hearing. Rev. 06-07-2021. IN THE CIRCUIT COURT FOR THE TWENTY-THIRD.(Wage Garnishment—Enforcement of Judgment). 1. You have a right to a hearing within seven business days from the date you file your claim with the court. What you get: Instant access to fillable Microsoft Word or PDF forms. There are 2 steps: 1) Fill out the form called "Motion to Exempt (Protect) Funds and Request for. Hearing. " This form is attached at the end of this notice. Such wages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing. Judgment Creditor (person who money is paid to) must fill out this section and attach to one copy of the wage execution application (JD-CV-3).

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Illinois Notice of Motion For Non-Wage Exemption Hearing