The Illinois Affidavit for Garnishment Non-Wage is a document used by creditors to collect a debt from a debtor who is not receiving wages or salary. The affidavit is filed with the court to garnish funds from sources other than wages, such as bank accounts or rental income. There are two main types of Illinois Affidavit for Garnishment Non-Wage: the Affidavit of Claim and the Affidavit of Garnishment. The Affidavit of Claim is filed by the creditor and contains information about the debt, including the amount, any payments made, and any interest or costs that have accrued. The Affidavit of Garnishment details the amount of the garnishment and the source of the funds to be garnished. Both affidavits must be accompanied by a garnishment summons and order, which is issued by the court.
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
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.
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.
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.
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 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.
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.