The Illinois Notice of Motion For Wage Deduction Exemption Hearing is a legal document that is used to inform a court that an employee is seeking exemption from wage deductions. The notice sets out the employee’s grounds for the exemption request and is typically filed in the Circuit Court of the county where the employee works. This document is typically used when an employee believes that the amount of deductions taken from their wages is in violation of the Illinois Wage Deduction Act. The types of Illinois Notice of Motion For Wage Deduction Exemption Hearing include: 1. Notice of Motion for Exemption From Deduction For Child Support 2. Notice of Motion for Exemption From Deduction For Alimony 3. Notice of Motion for Exemption From Deduction For Garnishment 4. Notice of Motion for Exemption From Deduction For Tax Liens 5. Notice of Motion for Exemption From Deduction For Bankruptcy 6. Notice of Motion for Exemption From Deduction For Student Loan Payments.
Illinois Notice of Motion For Wage Deduction Exemption Hearing
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How to fill out Illinois Notice Of Motion For Wage Deduction Exemption Hearing?
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FAQ
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.
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 Wage Deduction Notice tells the Respondent you are trying to do a wage garnishment, and tells them they have the right to protect their exempt wages. It also tells the Respondent the ?return date.? The return date is the deadline for the Employer to answer the Wage Deduction Summons.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
A wage deduction authorization agreement is an agreement between an employer and their employee where the employee authorizes the employer to deduct wages from their paycheck.
In non-wage garnishments, 735 ILCS 5/12-701 requires the judgment creditor, or other person, to file an affidavit stating that the affiant believes the garnishee is indebted to the judgment debtor or has property of the judgment debtor. Failure to file such affidavit invalidates the garnishment.