Last updated: 4/13/2015
Wage Deduction Notice
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Description
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS Case No. Plaintiff(s) To: Judgment Debtor Employer Name: Address: City, State & Zip: Defendant(s) File Stamp WAGE DEDUCTION NOTICE Judgment Debtor's: Name: Address: City, State, Zip: Judgment Creditor/Creditor's Atty: Name: Address: City, State, Zip: Atty Registration No.: Attorney E-mail: at m. in Room of the Kane County Judicial Center, 37W777 Rt. 38, St. Charles, IL. Kane County Courthouse, 100 S. The Court Date is Third St. Geneva, IL The Answer Date is Judgment Date is Total Amount Due (Note: This is the date by which the employer must file answers to the Judgment Creditor's Interrogatories. This is not a scheduled Court appearance. Do Not Appear In Court On This Date.) The Court will be asked to issue a wage deduction summons against the employer named above for wages due or about to become due to the Judgment Debtor. The wage deduction summons will be issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. The amount of wages that may be deducted is limited by Federal and Illinois law: 1) Under Illinois law, the amount of wages that may be deducted is limited to the lessor of (i) 15% of gross weekly wages or(ii) the amount which disposable earnings for a week exceed the total of 45 times the Federal minimum wage or, under a wage deduction summons served on or after January 1, 2006, the Illinois minimum hourly wage, whichever is greater. 2) Under Federal law, the amount of wages that may be deducted is limited to the lessor of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the Federal minimum hourly wage. 3) Pension and retirement benefits and refunds may be claimed as exempt from wage deduction under Illinois law. 4) You may be entitled to certain exemptions for personal and real property under State or Federal law. These exemptions may protect your property or restrict the rights of the plaintiff to recover your property in this proceeding. It is your obligation to prove you are entitled to any exemption and you may wish to obtain legal advice before appearing in court. You have the right to request a hearing before the court to dispute the wage deduction because the wages are exempt. To obtain a hearing you the Judgment Debtor must notify the Clerk of the Circuit Court in writing at 540 S. Randall Rd., St. Charles, IL 60174 on or before the return date specified above. The Clerk of the Circuit Court will provide a hearing date and the necessary forms that must be prepared by you or your attorney, and send to the Judgment Creditor and the employer, or their attorney, regarding the time and location of the hearing. This notice may be sent by regular first class mail. I certify that before causing the wage deduction summons to issue I personally delivered or sent by First Class Mail to the Judgment Debtor a Wage Deduction Notice at the Judgment Debtor's last known address. Signature of Attorney or Judgment Creditor WDNotice (10/13) American LegalNet, Inc. www.FormsWorkFlow.com