The Illinois Affidavit For Garnishment-Non-Wage is a legal document that allows creditors to collect a debt from a debtor who is not an employee. This type of garnishment is used when the debt is not related to wages, such as a loan or unpaid bills. The creditor must submit an Affidavit to the court, stating the amount of the debt and the debtor's name, address, and other information. The court then issues a garnishment order requiring the debtor to pay the debt. There are two types of Illinois Affidavit For Garnishment-Non-Wage: 1. Garnishment of Personal Property: This type of garnishment allows creditors to collect a debt from a debtor's personal property, such as bank accounts, vehicles, and other assets. 2. Garnishment of Real Property: This type of garnishment allows creditors to collect a debt from a debtor's real estate, such as land, buildings, and other real property.
Illinois Affidavit For Garnishment-Non-Wage
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How to fill out Illinois Affidavit For Garnishment-Non-Wage?
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FAQ
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 written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.
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.
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.
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.
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.