An Illinois Summons After Conditional Judgment (Example) is a legal document issued by a court in the state of Illinois. This summons is served on a defendant in order to inform them that a conditional judgment has been issued against them and that they need to appear in court to answer the charges. This summons also includes the date and time of the court hearing, the court address, and a description of the terms of the conditional judgment. There are two types of Illinois Summons After Conditional Judgment (Example): Summons to Answer and Summons to Show Cause. The Summons to Answer requires the defendant to appear in court and answer the charges. The Summons to Show Cause requires the defendant to appear in court and explain why they should not be held in contempt of court.
Illinois SUMMONS aFTER CONDITIONaL JUDGMENT (EXaMPLE)
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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 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.
Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this Act, the court may enter a conditional judgment against the garnishee for the amount due upon the judgment against the judgment debtor.
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 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.
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.