The Illinois Notice of Motion Wage Deduction Exemption Hearing is a legal process that allows an employee to appeal a wage deduction that has been ordered by the court. The hearing provides an opportunity for the employee to present evidence and arguments to the court in order to prove that they should be exempted from the wage deduction. The employee must file a Notice of Motion for an Exemption Hearing in court and serve a copy of the motion to the employer. The employer will then have the opportunity to respond to the motion. If the court grants the employee's motion, the wage deduction will be canceled or reduced. There are two types of Illinois Notice of Motion Wage Deduction Exemption Hearing: 1. Post-Judgment Exemption Hearing: This type of hearing is used when an employee has already had a wage deduction order issued against them by the court. The employee must provide evidence to the court to prove that the wage deduction should be reduced or canceled. 2. Prejudgment Exemption Hearing: This type of hearing is used when an employee has received notice from their employer that a wage deduction is being contemplated. The employee must provide evidence to the court to prove that they should be exempted from the wage deduction.
Illinois Notice of Motion Wage Deduction Exemption Hearing
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FAQ
For the most part, there are only two ways to stop wage garnishments in Illinois. First, you can pay off the judgment. You may be able to pay the judgment in a lump sum, or you may have to wait for the garnishment to run its course. The second way to stop a garnishment is by filing bankruptcy.
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.
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 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.
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.
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.