If you owe money for credit card bills or other unpaid debts, your creditors can file a civil lawsuit against you to get you to pay. Creditors can pursue garnishment of your bank accounts or wages if they win their case. The laws on wage garnishment vary from state to state. In Illinois, wage garnishments or deductions are covered under Article XIII, Part 8 of the Code of Civil Procedure.
Summons and Complaint
Before a creditor can seek a wage garnishment in Illinois, it must first file a lawsuit in small claims court. The creditor must provide you with notice of its intent to sue in the form of a Summons and Complaint. This document includes pertinent case information, including the creditor's name and address, the amount of the lawsuit, their grounds for bringing the suit and the date of your court appearance. You must file an answer to the summons with the court prior to the hearing. Failure to do so may result in a summary judgment being entered against you.
Judgment And Execution
Once the creditor secures a judgment, it must then file a wage deduction affidavit with the court. Before filing the affidavit, the creditor must send you written notice informing you of an intent to seek a wage garnishment. The creditor must also provide your employer with a set of written questions designed to determine how much of your wages can be garnished each week. Your employer must file a response to these questions with the clerk of court and forward a copy to you and your creditor. Once the answer is filed, the employer must begin withholding your wages and continue to do so until the judgment is satisfied.
Calculating Garnishment
State law limits the percentage of your wages that can be garnished each pay period. As of 2011, a creditor may garnish your wages for up to 15 percent of your disposable income or the amount by which your weekly income exceeds 45 times the federal minimum wage. Your employer is required by law to use the calculation that results in the lesser garnishment amount. If your net income each pay period is less than 45 times the federal minimum wage, your pay cannot be garnished.
Considerations
If your wages are being garnished for unpaid child support, Illinois law permits garnishment of up to 65 percent of your disposable weekly earnings. State law prohibits your employer from terminating your employment due to a single wage garnishment. However, if you have multiple garnishment orders in place, this protection does not apply. Creditors cannot garnish wages or income from public assistance benefits, Social Security or Supplement Security Income, veteran's benefits, workers' compensation, unemployment, pensions, domestic support obligations, victims' compensation, wrongful death settlements, life insurance proceeds or personal injury compensation.
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