How to Defend the Seizure of Assets in Illinois
If a creditor has been awarded a judgment against you in Illinois, the creditor can attempt to enforce the judgment by using collection procedures such as a citation to discover assets or the garnishment process. Creditors cannot go after certain assets you own. Public policy dictates that all Illinois residents should be able to keep certain assets necessary for them to go on living life as usual. If a creditor oversteps its bounds and attempts to seize assets Illinois law lists as exempt from seizure, take the following steps.
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Instructions
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Obtain a hearing. If the creditor sends a citation to discover assets or attempts to garnish your wages, notify the clerk of the court, in writing, before the scheduled return date on the citation or garnishment. The clerk will give you a time and date to appear before a judge.
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Make preparations before the date of the hearing. Be prepared to identify the assets you believe to be exempt and tell the judge why the assets are exempt. If the creditor is attempting to garnish wages, the employer cannot deduct anything more than 45 times the state or federal minimum wage, whichever is greater. Put this calculation in writing so the judge can understand it. If the creditor is attempting to garnish non-wages, identify which funds are exempt from garnishment and the reason why.
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Claim exempt assets. Illinois lists the following assets as exempt: clothing, bible, school books and family pictures; up to $4,000 in value of any other property of your choice; your interest in a motor vehicle up to $2,400; implements, professional books or tools of the trade up to $1,500; right to receive public benefits or public assistance; disability, illness or unemployment benefit from an employer, insurance company or any other source, including worker's compensation benefits; right to receive domestic support; right and interest in a retirement plan; life insurance benefits payable to you as a result of someone's death; payments of money for the wrongful death of a person who supported you; payments of money due to personal injury you sustained up to $7,500; award under crime victim's compensation; and money due to you from the sale of any property that was exempt at the time of the sale.
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Tips & Warnings
Be prepared before appearing in court.
Assets not on the Illinois list of exemptions may be seized.
References
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