An Illinois Defendant's Motion to Claim Exemption Under Non-Wage Garnishment Proceedings or Third Party Citation to Discover Assets is a legal document used by a defendant to protect their assets from being garnished or seized by creditors. The motion allows the defendant to declare those assets which are protected by state and federal laws from being garnished or seized. This motion must be filed within 30 days of service of the garnishment. The motion can be made by either the defendant or the attorney representing the defendant. It must be filed in the same court where the garnishment was filed, and it is subject to a filing fee. The defendant must provide evidence of their assets and the amount of these assets in order for the court to determine if they are eligible to claim exemption from garnishment. There are two types of Illinois Defendant's Motion to Claim Exemption Under Non-Wage Garnishment Proceedings or Third Party Citation to Discover Assets: 1. Exemption Claim by Defendant: This motion is used by the defendant to claim exemption from garnishment of their assets. The defendant must provide evidence of their assets and the amount of these assets in order for the court to determine if they are eligible to claim exemption from garnishment. 2. Third-Party Citation to Discover Assets: This motion is used by creditors to discover assets which the defendant may have which are not exempt from garnishment. The creditor must provide evidence of the defendant's assets and the amount of these assets in order for the court to determine if the assets are subject to garnishment.
Illinois Defendant's Motion to Claim Exemption Under Non-Wage Garnishment Proceedings or Third Party Citation to Discover assets
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FAQ
Who can file an Emergency Motion to Claim Exemption? Anyone who has a money judgment against them and whose bank account has been frozen as a result of that judgment can file an Emergency Motion to Claim Exemption. Your bank account may have been frozen if a creditor filed a Citation against your bank.
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.
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.
The Illinois homestead exemption allows homeowners to exempt up to $15,000 of equity ($30,000 for married couples) from collection attempts from creditors, potentially preventing the seizure, foreclosure, and sale of their home.
Personal property exemptions For each family member, necessary clothing, a bible, school books, and family pictures; One motor vehicle in which interest does not exceed $2,400; Wildcard Exemption: Your client's equity interest, not to exceed $4,000 in value, in any other property.
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.
A debtor will be considered to be judgment-proof if they do not own any non-exempt assets. In situations where a debtor is judgment-proof, creditors may still be able to move forward with the debt collection process, either by making payment plans or other arrangements with a debtor or by taking legal action.