I need to file a hardship exemption form with the court due to getting my wages garnished, where can I get this form?

I’ve looked but can’t find it.

Asked on September 7, 2010 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It may not be an actual form that you file.  What is generally stated is that hardship must be "established" in order to have the garnishment reduced.  This can sometimes be done by submitting an affidavit with supporting documentation showing your income and your expenses.  Not all expenses are used in determining hardship so not all information is needed.  In Illinois, the maximum that can be garnished is 15% of the disposable earnings or the amount of the disposable earnings that exceed 45 times the federal minimum hourly wage, whichever is greater. This can be confusing.  It may be a good idea for you to contact the Illinois Department Of Labor: (312) 793-2800.  They can help.  Good luck.


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