Illinois Defendant's Motion to Claim Exemption Under Wage Deduction Proceedings is a legal filing made by a defendant in an Illinois court to request an exemption or reduction of the amount of wages subjects to garnishment. The motion is typically filed after a judgment has been entered against the defendant and the court has issued an order for wage deduction. In the motion, the defendant will generally provide evidence of their financial situation and argue why the garnishment of wages should be reduced or eliminated. There are two types of Illinois Defendant's Motion to Claim Exemption Under Wage Deduction Proceedings: (1) Motion to Claim Statutory Exemptions; and (2) Motion to Claim Exceptions to the Statutory Exemptions. A Motion to Claim Statutory Exemptions is a request for an exemption from wage garnishment under Illinois law, based on the defendant's income and assets. A Motion to Claim Exceptions to the Statutory Exemptions is a request for an exemption from garnishment based on other factors, such as undue hardship or excessive garnishment.
Illinois Defendant's Motion to Claim Exemption Under Wage Deduction Proceedings
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FAQ
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.
If necessary, we may place a lien on your property, seize personal property (such as an automobile or business assets), levy against your property (by garnishing wages or levying against your bank accounts), stop the issuance or renewal of a business license, and use collection agencies or other collection methods.
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.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).
It authorizes your creditor to receive a portion of your wages directly from your employer, in order to pay your debt. This notice contains important information about the debt and what your options are.
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.
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.
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.