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Wage Deduction Order-Turnover Order CCM 0053 - Illinois
| Wage Deduction Order-Turnover Order Form. This is a Illinois form and can be used in Civil Cook Local County . |
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Wage Deduction Order/Turnover Order IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT - FIRST DISTRICT Print Form Clear Form (Rev. 10/04/06) CCM 0053 _________________________________________________ v. Plaintiff, _________________________________________________ v. Defendant, _________________________________________________ Third Party Employer. } No. ________________________________ WAGE DEDUCTION ORDER/TURNOVER ORDER This cause coming before the Court on return of the Wage Deduction Summons or Third Party Citation served on _____________ _________________ ("Employer") pursuant to 735 ILCS 5/12-801 et seq. or 735 ILCS 5/2-1402, a lien having been imposed upon the non-exempt wages of ______________________________________ ("Defendant") in the amount of $ _________________, which amount includes court costs, interest, and credits for payments to the date of entry of this Order, Employer having filed its answer, and upon certification by the judgment creditor that notice has been provided to Defendant, it is hereby ordered: 1. Employer is ordered to withhold each pay period the LESSER of (a) 15% of Defendant's non-exempt gross wages, or (b) the amount by which Defendant's disposable earnings exceed 45 times the greater of the state or federal hourly minimum wage. All wages withheld under this Order shall be turned over and remitted to plaintiff _______________________ ("Plaintiff") or Plaintiff's attorney on a monthly basis and applied to reduce the remaining judgment indebtedness. For purposes of this paragraph, "non-exempt gross wages" are wages remaining after deductions for mandatory pension or retirement plan contributions, and "disposable earnings" are earnings remaining after deductions for FICA, state tax, federal tax and Medicare. 2. If Defendant's wages are currently being garnished under a prior Wage Deduction Order, then the amount of wages to be deducted under this Order shall be reduced by the amount deducted under the prior Order. The combined wages deducted under this Order and any prior Order SHALL NOT exceed the amount set for in paragraph 1. If a Spouse/Child Support Order is entered subsequent to this Order, then the Spouse/Child Support Order shall have priority over this Order and wages shall be first deducted and applied to the spouse/ child support order. Any funds remaining up to the amount ordered deducted in paragraph 1 shall be deducted and applied to the judgment herein. 3. NO WAGES SHALL BE DEDUCTED if Defendant's disposable earnings are less than 45 times the state minimum hourly wage per week (currently $292.50 per week based on state minimum wage of $6.50 per hour). In addition, the amount of wages deducted pursuant to this Order shall not exceed the maximum allowable garnishment under 15 U.S.C. ยง 1673(a). 4. This is a Continuing Wage Deduction Order in effect from the date of service of the Wage Deduction Summons or Third Party Citation until the balance of the judgment against Defendant, plus 9% simple interest and costs are paid in full, Defendant ceases to be employed, Defendant files bankruptcy, or the Court modifies this Order. In the event Defendant ceases to be employed or files bankruptcy, Employer shall file an amended answer with the Court so stating and serve a copy on Plaintiff or Plaintiff's attorney. 5. The lien in this case shall have priority over any subsequent lien, provided however, that any subsequent liens or orders for spouse/ child support shall have priority over this Order. Any subsequent lien or Wage Deduction Orders (other than spouse/child support) shall be held and stacked in the order received by the employer and shall take effect upon the conclusion of this Order. 6. 7. Plantiff shall provide quarterly certifications of the judgment balance to Employer. The Court retains jurisdiction of the parties and subject matter and to enforce or amend this Order upon motion of any party. ENTERED: Dated: ________________________, _________ Atty. No.: ______________ _______________________________________________ Address: _____________________________________________ Name: City/State/Zip:_______________________________________ Telephone: _____________________________________ Judge Judge's No. ___________________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
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