Wage Garnishments in Illinois

Understanding Wage Garnishments in Illinois: How to Protect Your Earning

Are you currently facing wage garnishment and struggling to protect your hard-earned money?

Don’t despair! Filing for bankruptcy will stop the wage garnishment. You will regain control of your finances. This Article explains the Illinois Garnishment law.

How Bankruptcy Can Help:

Whether Chapter 7 or Chapter 13, bankruptcy is a legal solution to halt wage garnishment. And it relieves your financial burden of debt. Here’s how it can benefit you.:

  1. Automatic Stay. All collections stop, including Wage Garnishments.
  2. Chapter 7. You get a discharge of unsecured debts, such as credit cards, medical bills, and other debts.
  3. Chapter 13. A Repayment Plan. Chapter 13 allows you to develop a manageable repayment plan. One you can afford and one you can live with.

The Impact of Wage Garnishment.

Wage garnishment will impact your financial well-being. It involves a creditor demanding 15% of your gross income. This deduction comes off the top. You get less income to cover your expenses.

How Did My Wages Get Garnished? Here are the key steps involved:

  1. Lawsuit Filing: A creditor files a lawsuit against you.
  2. Judgment Obtained: The creditor obtains a judgment.
  3. Wage Garnishment Issued: The creditor sends the wage garnishment notice to your employer.

It’s not uncommon for individuals to be unaware of a lawsuit filed against them. Go to the Clerk of the Court and the Sheriff’s office. They have a record of how you were allegedly served with the lawsuit.

Calculating how much. A wage garnishment demands 15% of your gross income, not your net income. For instance, if your gross income is $800 per week with a net take-home of $700, the deduction will be $120.

The creditor will add court costs and accrued interest from the judgment date. The deductions continue until the debt is paid in full. Some employers will even charge for accounting problems.

Your employer must comply with the garnishment demand. They have no choice.

Options to Fight Wage Garnishment. The state of Illinois provides limited choices when facing wage garnishment. You can consider the following options:

  1. Paying the Judgment: Paying the entire Judgment is an option. But not likely.
  2. Negotiating a Repayment Plan. Attempting a repayment plan with the creditor is possible but rarely successful, only if you make a significant down payment.
  3. Asking the judge for a “Hardship” relief. Judges have no discretion to change a Wage Garnishment.
  4. Quitting Your Job: Quitting your job is generally not advisable.
  5. Accepting the Situation: Grin, bear, and suffer it.
  6. Filing for Bankruptcy: Chapter 7 or Chapter 13 Bankruptcy will provide instant relief.

Do you pay Child Support? The amount you pay for child support from your paycheck will be offset from the 15% garnishment. For example, if your wage is $800, 15% would be $120, but if you have a $40 child support order, the actual garnishment would be $80.

Illinois exempts workers if they gross less than 45 times the minimum wage. See the following table.

EXEMPT WAGE TABLE FOR ILLINOIS
Time FrameMinimum WageIf paid weeklyIf paid every two (2) weeksIf paid semi-monthlyIf paid monthly
2023$13 per hour$585$1,170$1,267$2,535
2024$14 per hour$630$1,260$1,3652,730
2025$15 per hour$675$1,350$2,4622,925

Others Who Can Attach Your Paycheck without a Judgment

  1. The IRS can levy your paycheck.
  2. The government for back child support.  
  3. The federal government for student loans.
  4. The State of Illinois for certain debts.

The Law Firm of Robert J Adams is your Trusted Bankruptcy Partner. When it comes to stopping wage garnishment and finding relief through bankruptcy. The Law Firm of Robert J Adams is here to help. Our team of lawyers will provide help to you when facing financial challenges.

We will file your bankruptcy case swiftly. It will halt wage garnishments and put an end to creditor harassment. Our lawyers are available daily from 7 AM to 7 PM, including Saturdays and Sundays.

We offer a “NO MONEY DOWN” option for individuals with good jobs but limited funds.

Act Today and Stop the Wage Garnishment. Call Robert J. Adams at 312-804-1944.

Note: This promotional article highlights the benefits of bankruptcy and the services offered by a specific law firm. It is important to consult with a qualified bankruptcy attorney to fully understand your options and make an informed decision based on your circumstances.

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