Illinois Claim of Exemption
Illinois claim of exemption: protect wages from garnishment. Illinois shields 85% of gross wages; see what income is exempt and the return-date deadline.
Introduction
An Illinois claim of exemption is a request you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can serve a wage deduction summons on your employer and take part of your pay. Illinois protects more of your paycheck than federal law does, shielding at least 85 percent of your gross weekly wages, and some income like Social Security is exempt no matter the debt. To claim your exemption you must ask the court for a hearing on or before the return date printed on the Wage Deduction Summons, which falls 21 to 40 days after the summons is issued. Because money is withheld while the case runs, act before that date. DocDraft prepares an Illinois claim of exemption from your details, and attorney review is available before you file.
Key Things to Know
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An Illinois claim of exemption is a request you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it. In Illinois you raise it in the wage deduction proceeding and ask for a hearing.
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The deadline is the return date. Under 735 ILCS 5/12-805 you must request a hearing on or before the return date on the Wage Deduction Summons, which is set 21 to 40 days after the summons is issued.
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Illinois protects more pay than federal law. Under 735 ILCS 5/12-803, a creditor can take only the lesser of 15 percent of your gross weekly wages, or the amount by which your disposable earnings exceed 45 times the higher of the state or federal minimum wage. That leaves at least 85 percent of gross wages protected.
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Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
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The clerk provides the forms. To claim the exemption you notify the clerk of the court that issued the judgment on or before the return date, and the clerk gives you a hearing date and the paperwork you need.
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Money is withheld while the case runs, so act fast. Pay keeps coming out under the wage deduction order until the court resolves your claim, so requesting your hearing before the return date limits what you lose.
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Filing gets you a hearing. At the hearing you show that your wages or funds are protected under Illinois law, and the creditor must justify the deduction to keep it going.
Key decisions before you file
Before you file a Claim of Exemption in Illinois, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
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Illinois Requirements for Claim of Exemption
File the Illinois claim of exemption with the correct office, the court or the levying officer as Illinois directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.
Frequently Asked Questions
An Illinois claim of exemption is a request, made through a motion and request for a hearing, that you file to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You raise it with the clerk of the court that issued the judgment, on or before the return date on the Wage Deduction Summons.
An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the wage deduction summons. An Illinois claim of exemption accepts that the judgment exists but says the specific wages or funds are protected. You raise the exemption by requesting a hearing in the wage deduction proceeding, and you can point out a defect at the same time.
Illinois protects more than federal law. Under 735 ILCS 5/12-803, a creditor can take only the lesser of 15 percent of your gross weekly wages, or the amount by which your disposable earnings exceed 45 times the higher of the state or federal minimum wage. In practice that shields at least 85 percent of your gross wages, and some income such as Social Security cannot be garnished at all.
You must request a hearing on or before the return date printed on the Wage Deduction Summons. That return date is set 21 to 40 days after the summons is issued, so the exact date is on your paperwork. Because pay is withheld while the case runs, notify the clerk and ask for your hearing as soon as you can.
Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. Illinois also protects at least 85 percent of your gross wages. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.
Illinois does not add a separate head-of-household wage exemption, but it already protects at least 85 percent of your gross weekly wages, which is more than federal law. You can also protect income that is exempt by source, such as Social Security, disability, or veterans benefits, by raising it when you request your hearing in the wage deduction proceeding.
You file an Illinois claim of exemption with the clerk of the court that issued the judgment, not with the creditor or your employer. You notify the clerk on or before the return date on the Wage Deduction Summons, and the clerk provides a hearing date and the forms you need to complete.
Once you request a hearing, the clerk sets a date and gives you the necessary forms. At the hearing you show that your wages or funds are exempt, and the creditor must justify the wage deduction. If the court agrees the money is protected, it stops or reduces the deduction. If you miss the return date, the deduction usually continues.