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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9832
Experience:  JD, MBA
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I only make about 160.00 per week would that exempt me from

Customer Question

I only make about 160.00 per week would that exempt me from collections in illinois
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

VAMD, Esq. : Hello, and thank you for allowing me to assist you.
VAMD, Esq. : Please give me a moment to check Illinois law.
Customer: k
VAMD, Esq. : According to Illinois law (740 ILCS 170/4), a creditor can garnish up to 15% of your wages.
VAMD, Esq. : You can see the law here: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2057&ChapterID=57
VAMD, Esq. : It is 740 ILCS 170/4
Customer: so each creator can garnish 15% what can I live on
VAMD, Esq. : Nope.
VAMD, Esq. : 15% is the max that can be garnished at any one time.
VAMD, Esq. : So, the way it works is that if you have multiple creditors, then the one who files for the garnishment first gets 15%, and the other creditors get nothing.
VAMD, Esq. : When the first creditor who is garnishing your wages stops garnishing, then whichever creditor is fast enough can file and be next.
VAMD, Esq. : Does that answer your question?
Customer: so to stop the garnish would it be best to make that 15% offer to this creator
VAMD, Esq. : You mean to voluntarily pay 15% of your wages?
Customer: yes
VAMD, Esq. : The creditor would probably like that because it'll save a trip to court. But you may be able to talk it down to less than 15%.
VAMD, Esq. : 15% of 160 is $24.
VAMD, Esq. : If you make that per week, then that would be about $100 per month.
VAMD, Esq. : You can probably get the creditor to accept less than that ... perhaps $50 per month.
VAMD, Esq. : Of course, I can only speculate on what the creditor will be willing to accept.
VAMD, Esq. : And it also depends on the amount owed.
VAMD, Esq. : But most creditors will work with you, particularly if you share your financial information.
Customer: it sounds like a good idea 2 get all the rest of them of may case even though 100.00 is rough with 3 kids and I have shared my financial information
Customer: then I can save to file banrupcy
Customer: is that legal
VAMD, Esq. : Yes, you can file for bankruptcy.
Customer: thanks 4 ur time
VAMD, Esq. : It costs about $400 in filing fees and courses.
VAMD, Esq. : And an attorney would likely charge you between $1000-$1500.
VAMD, Esq. : So, you should be able to retain an attorney to file bankruptcy and pay all expenses for under $2000.
VAMD, Esq. : If you owe much more than that, then filing for bankruptcy may be worth while.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9832
Experience: JD, MBA
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