Wage Garnishment Claim Of Exemption Illinois Printable Form Wage garnishment or wage deduction is the process of collecting a judgment by requiring the debtor s employer to take money out of the debtor s paycheck However the employer can only take a part of the debtor s paycheck for you Sometimes you might not be able to collect any of the debtor s paycheck if the debtor doesn t make enough money
Step 1 File your forms with the Circuit Clerk in the county where the court case is filed o Ask the Circuit Clerk for a court date time and courtroom number for your Emergency Motion to Claim Exemption This is the time and place your Emergency Motion to Claim Exemption will be heard o by a judge Write the courthouse address court date This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit courts Motion to Claim Exemption a To the other party Name First Middle Last Print Your Name City State ZIP Telephone SC N 3104 2 Page 2 of 2 06 19
Wage Garnishment Claim Of Exemption Illinois Printable Form
Wage Garnishment Claim Of Exemption Illinois Printable Form
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Wage garnishment also known as wage attachment is a legal process wherein a portion of an employee s income is withheld by an employer for the payment of a debt It s a tool used by creditors to secure payment from borrowers who have defaulted or failed to pay back their debts Wage Garnishment in Illinois 1 Gather the Required Information Before completing your forms it may be useful to gather these documents which will provide needed information Notice of Wage Garnishment from your employer At least one month of pay stubs A list of your monthly expenses such as rent utilities insurance etc 2 Complete the Required Forms
Under federal law judgment creditors can garnish 25 of your disposable earnings what s left after mandatory deductions or the amount by which your weekly wages exceed 30 times the minimum wage whichever is lower Some states set a lower percentage limit for how much of your wages can be garnished Under Illinois law the most that a judgment creditor can garnish from your wages is the lesser of the following two amounts up to 15 of your gross wages for that week or the amount of disposable earnings that remains after deducting the Illinois minimum wage or the federal minimum wage if it s greater than the Illinois minimum wage
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A wage garnishment more properly referred to as a wage deduction order is the use of legal process by the judgment creditor after judgment to attach a portion of the judgment debtor s wages Procedural rules for this are set out at 735 ILCS 5 12 801 et seq NOTE Creditors may use a Citation to Discover Assets Wages as set out in 735 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
In order to access the system claimants will first need to create an Illinois Public ID account Click here to create Illinois Public ID To report any difficulties submitting a wage claim online form please contact IDOL at 312 793 2800 or via e mail at DOL Questions Illinois gov The courts in Illinois will have the forms you need to claim exemption After submitting the claim you will be issued a hearing date Your responsibility at this point will be to provide those at the hearing with evidence that the wage garnishment is causing you to not meet your basic living needs
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https://www.illinoislegalaid.org/legal-information/wage-garnishment-basics
Wage garnishment or wage deduction is the process of collecting a judgment by requiring the debtor s employer to take money out of the debtor s paycheck However the employer can only take a part of the debtor s paycheck for you Sometimes you might not be able to collect any of the debtor s paycheck if the debtor doesn t make enough money
https://www.illinoiscourts.gov/Resources/e266a37c-7292-4260-bc2e-135bcab0a50e/Emergency_Motion_Instructions%20(1).pdf
Step 1 File your forms with the Circuit Clerk in the county where the court case is filed o Ask the Circuit Clerk for a court date time and courtroom number for your Emergency Motion to Claim Exemption This is the time and place your Emergency Motion to Claim Exemption will be heard o by a judge Write the courthouse address court date
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Wage Garnishment Claim Of Exemption Illinois Printable Form - 1 Request a hearing to dispute the garnishment When a creditor initiates the process of garnishing your wages they must send you a notice to that effect If you believe the garnishment is invalid in some way or if you believe you can claim an exemption you have the right to ask for a hearing to make your case in front of a judge
