Garnishment FAQ
General information about Wage garnishment in Illinois. In Illinois, wage garnishments are Court ordered. On the other hand, wage assignments, which a consumer might sign to obaitn a loan or financing, are legal, HOWEVER they can be revoked at anytime. Court Ordered Garnishments can not be stopped without a hearing before the Court, or until the underlying debt is paid in full.
A: If someone claims that you owe him/her money he/she may go to court and bring a lawsuit against you. If the person or company, called a “creditor,” wins the case, the court will give that person a judgment against you. A judgment is a court order stating how much you owe to this creditor. The creditor may try to collect the money from you by taking part of your wages. This process is called a “Wage Garnishment” or “Wage Deduction.” If your wages are garnished, your employer must reduce the amount of your paycheck and turn money over to the creditor. The creditor starts this process by sending a “summons” or “citation” to your employer.
A: Your employer must start deducting some of your wages as soon as it gets the summons or citation. The employer must then hold the funds until the court decides whether the money should be paid to the creditor. The court may then order your employer to continue deducting your wages until the judgment is paid. The creditor must mail you a notice of your rights. The notice must tell you the date and time the case is to be heard in court. That date is called the “return date.” On the return date, the court will decide whether your employer should turn over to the creditor the amount deducted from your paycheck. ncluding a FAQ page is a user-friendly way of presenting information to customers so they can quickly look it up. It also can help reduce the number of service calls and e-mails.
A: Your employer cannot deduct all of your wages. A certain amount of your wages is “exempt” or protected by
law. You are allowed to keep take-home pay (your pay after taxes are deducted) of at least:
$371.25 Weekly
$742.50 Bi-weekly
$804.40 Semi-monthly
$1608.75 Monthly.
If your take-home pay is less than the exempt amount, your wages cannot be garnished. If your take home pay is greater than the exempt amount then your wages can be deducted by the lesser of:
(A) 15% of your gross (before-tax) wages;
OR
(B) the amount of your take home pay (after-tax) that exceeds the exempt amout above.
A: If your paycheck is already being garnished by one creditor, it cannot be garnished by a second creditor until the existing garnishment is paid off. Also, as a general rule, your wages cannot be garnished if they are subject to an existing court order for child support.
A: Look at your pay stub and see if your employer is deducting the correct amount. If your figures show that your employer is taking out too much, talk to your employer. If your employer made a mistake and does not correct it, you will need to appear in court on the “return date” listed on your court papers to make sure that the proper amount is deducted.
A:
GO TO COURT
Appear in court at the date, time and place given at the “return date” in your court papers.Outside the court room, you will find a bulletin board with a list of all the scheduled court cases for that day.
GET YOUR LINE NUMBER
Search the case list for your court case. There will be a number to the left of your case called the “line number.” Remember this number. If your case is not on this list you will need to step into the court room and speak to the clerk. ( some Courts do not have "line numbers" and you do not have to check in with the clerk. Ask the Clerk)
CHECK IN WITH THE CLERK
Step into the court room and wait in line to speak to the clerk at the front of the room to the right of the judge’s bench. Tell the clerk your name and the line number for your case.
WAIT FOR YOUR CASE TO BE CALLED & STEP UP
After you have checked in, wait in the back of the court room until your case is called by the clerk. When your case is called, step up to the front of the court room. Tell the judge your name and present your defense. If the garnishment amount is incorrect, you must tell the judge why the garnishment is wrong and what the proper amount should be.
OBTAIN A COPY OF THE ORDER
Do not leave the court room without a copy of the order signed by the judge. s a good idea to use a different format, such as bold, for the questions, so that it is easy to distinguish them from the answers.
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