Illinois

[badgambler]

[ebohatch]

For DIY filers you need to cite the actual civil procedure code for the exemptions you are claiming. Here is a link to the actual codes:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XII+Pt%2E+10&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=62478&SeqStart=94900&SeqEnd=95600&ActName=Code+of+Civil+Procedure%2E

You might need to cut and paste.

[uwishtoo]

15. 85% of your gross weekly wages or 45 times the current Federal Minimum Hourly Wage, whichever is greater, for any work week is exempt from collection.

I just found this on the Illinois Legal Advocate site -

How Much Money Can Be Taken From Your Wages?
When the employer receives the summons, only a portion of your wages can be deducted and withheld from you. The employer is not allowed to deduct from any of your weekly take-home pay (i.e., after taxes and Social Security are deducted) that is 45 times the state minimum wage, or less. Right now, the state minimum wage is $6.50 per hour. This means that you are always entitled to take home at least $292.50 of your wages per week. If your take home pay is less than this amount, no wages can be deducted. If your take home pay is more than this amount per week, the employer can deduct the lesser of the following two amounts:

(1) 15% of your weekly gross wages, or
(2) the amount of your take-home pay over and above $292.50.

In addition, your employer may withhold an additional small amount as a fee for their services in responding to the wage deduction process.

SOOOOO, it seems like even my lawyers have been wrong and stupid - according to this since I take home 330.00 a week - the MOST that can be touched by the courts for wage garnishments is a whopping 37.50 a week. My idiot lawyer kept telling me that they would take the higher amount of over 70.00 a week - he never even considered the portion of my wages that are exempted

Sue A