The Illinois Garnishment Summons-Non-Wage is a court order issued by the Circuit Court of Illinois that is used to collect a debt from an individual or business. This type of garnishment summons is used to collect on debts that are not wages, such as unpaid loans or utility bills. There are two types of Illinois Garnishment Summons-Non-Wage: the Prejudgment Summons and the Post-Judgment Summons. The Prejudgment Summons is used to collect on debts prior to a judgment being entered in court, while the Post-Judgment Summons is used to collect on debts after a judgment has been entered in court. The Prejudgment Summons requires the debtor to appear in court and explain why the debt should not be paid. The Post-Judgment Summons requires the debtor to answer certain questions regarding their financial situation and the nature of the debt. The garnishment summons also allows the creditor to garnish the debtor’s wages or assets to satisfy the debt.
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.
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.
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.
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.
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 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.