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Wage Deduction Order CC-12 V6 - Illinois

Wage Deduction Order Form. This is a Illinois form and can be used in Garnishment Winnebago Local County .
 Fillable pdf Last Modified 4/7/2014
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CC-12 V6 8.30.13CF STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT WINNEBAGO COUNTY FILE STAMP _________________________________ Plaintiff vs. Case No. _____________________ _________________________________ xxx-xx-___________ Defendant & Social Security No. _______________________________________ Employer WAGE DEDUCTION ORDER THIS CAUSE coming on to be heard on the return of a Wage Deduction Summons served upon Employer as specified in 735 ILCS 5/12-801 et seq.; a lien having been imposed on the non-exempt wages of __________________________________________(Defendant) in the amount of $_________________________; which amount includes all court costs and interest and credit for payments as of _____________________(date); Employer having filed an Answer to the Wage Deduction Summons; and a Wage Deduction Notice having been provided to Defendant, it is hereby ordered: 1. Employer shall deduct from each pay period the lesser of (i) 15% of Defendant's non-exempt gross wages or (ii) the amount by which the Defendant's disposable earnings per week exceed 45 times the greater of the Federal Minimum Hourly Wage or the minimum hourly wage prescribed by the Illinois Minimum Wage Law. "Wages" means any hourly pay, salaries, commissions, bonuses, or other compensation owed by an employer to the Defendant. "Gross wages" means wages remaining after deductions for any mandatory pension or retirement plan. "Disposable earnings" means wages remaining after deductions for FICA, state tax, federal tax and Medicare. This wage garnishment Order and the lien on non-exempt wages shall have priority over any subsequently filed wage garnishment order or lien, except for any deductions or liens for the support of a spouse or dependent children. Any deductions or liens for the support of a spouse or dependent children shall have priority over this Order. Any subsequently filed wage deduction orders and/or liens (other than those arising from Spouse or Dependent Support Orders) shall be held and stacked in the order received by Employer and shall take effect at the conclusion of this Order. If Defendant's wages are being garnished due to an earlier served wage deduction order, then wages may be garnished under this Order only to the extent permitted by law. Whenever multiple wage deduction orders exist, total deductions each pay period must not exceed 15% of Defendant's non-exempt gross wages. 3. All wages withheld by Employer pursuant to this order shall be turned over to Plaintiff or Plaintiff's Attorney at least on a monthly basis. Plaintiff shall provide quarterly certifications of the judgment balance to Employer within 15 days of the end of a calendar quarter in which any payment is received. Employer must provide a copy of the quarterly certification of the judgment balance to the Defendant. This Order shall continue in effect from the date of service of the wage deduction summons until (i) the judgment, plus 9% simple interest and costs, is paid in full; (ii) Defendant's employment ends; (iii) Defendant files bankruptcy; or (iv) the court modifies this Order. Should Defendant's employment end or Defendant files bankruptcy, Employer must file an amended answer stating so and serve a copy on either Plaintiff or Plaintiff's attorney. The Court retains jurisdiction of the parties and the subject matter to enforce, modify or vacate this Order. Date: __________________________________ 2. 4. 5. 6. Plaintiff's Attorney or Plaintiff, Name, Address and Telephone Number ___________________________________________ ___________________________________________ ___________________________________________ Judge:__________________________________ American LegalNet, Inc. www.FormsWorkFlow.com
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