Wage Deduction Order {2400}

CHRIS KACHIROUBAS, CLERK OF THE 18th JUDICIAL CIRCUIT COURT 251 WHEATON, ILLINOIS 60187-0707 File Stamp Here2400 (Rev. 2/19)WAGE DEDUCTION ORDERVS.WAGE DEDUCTION ORDERCASE NUMBER This cause coming before the Court on return of the Wage Deduction Summons 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 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 and 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 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. In addition, the amount of wages deducted pursuant to this Order shall not exceed the maximum allowable garnishment under 15 U.S.C. 247 1673(a). 4. Judgment is entered against Employer in the periodic sum ordered above each pay period in favor of Defendant for the use of Plaintiff. This is a Continuing Wage Deduction Order in effect from the date of service of the Wage Deduction Summons 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 cause 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. Plaintiff shall provide quarterly certifications of the judgment balance to Employer. 7. That this Court shall retain jurisdiction over the subject matter herein and over the Judgment Creditor, Judgment Debtor and Employer to enforce, amend, modify, or vacate this Deduction Order. UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUITPLAINTIFFDEFENDANT and Social Security Number and ENTER: Date: JudgeEMPLOYER Name: DuPage Attorney Number: Attorney for: Address: City/State/Zip: Telephone Number: Pro SeEmail: American LegalNet, Inc. www.FormsWorkFlow.com