declaring bankruptcy in illinois

What are Illinois laws with credit cards garnish wages?

I have a friend that bankruptcy is to explain and has a credit card garnish their wages. She read from legal aid on the ground that they can only garnish wages by $ 320 paycheck, and only 15%. She makes about 300 and less, and they take to examine about 20% each. Is this legal?

It depends if the order was served to garnish. Here is some information about garnishing Wages in Illinois: The Illinois Code of Civil Procedure, on the wage order was amended by the Illinois Legislature. The first change to take effect January 2006, provides that for deductions from wages, the amount of wages that can be applied against a ruling that is limited lesser of: 1 15% of gross weekly wages or 2 the amount to the disposable earnings for the week exceed the greater of 45 times the federal hourly wage or salary deduction of less than one charge, the minimum hourly wage of Minimum wage required by law (emphasis added to point out the change in the legislation of minimum wage law is referred to Illinois legislation). The following Examples illustrate the impact of the change: The ABC Printing Company recently received three wage garnishments for three different people. Employee A has gross weekly earnings of 750,00 $ and disposable calculated weekly earnings (DWE) and $ 625.00 1st 15% of U.S. $ 750 = $ 112.50 deduction second a. (DWE = $ 625) – (45 x federal legislation Minimum wage or $ 231.75) = 393.25 Hood, b. (DWE = $ 625) – (45 x Illinois minimum wage or $ 292.50) = $ 332.50 deduction. Amount should be $ 112.50 (calculated # 1) Staff representative B has calculated gross weekly earnings of $ 260.00 and $ 200.00 as DWE first 15% of $ 260 = $ 30 off second a. (DWE = $ 200) – (45 x federal legislation Minimum wage or $ 231.75) = 00.00 U.S. dollars Hood, b. (DWE = $ 200) – (45 x Illinois minimum wage or $ 292.50) = 00.00 U.S. dollars discount. Attachment is $ 00.00 (calculated # 2a or 2b, they are the same height) Employee C has gross weekly earnings of $ 350.00 and $ 300.00 DWE calculated as first 15% of U.S. $ 350 = $ 52.50 off second a. (DWE = $ 300) – (45 x federal minimum wage or $ 231.75) = $ 68.25 deduction, b. (DWE = $ 300) – (45 x Illinois minimum wage or $ 292.50) = $ 7.50 discount. Garnishment amount is $ 7.50 (calculating # 2b) In all cases, the amount should be the least of three calculations. Clarify the effective date of the new withholding tax Calculations apply only to charge payroll deduction (wage garnishments), on or after 1 be served in January 2006. If you currently withholding tax from an employee of the paychecks for a wage garnishment that was on or before 31 December 2005, the "old" calculation rules that you have taken, remain in force served.

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