Defendants Motion To Claim Exemption Under Citation Proceedings Form. This is a Illinois form and can be use in McHenry Local County.
Tags: Defendants Motion To Claim Exemption Under Citation Proceedings, CV-NOT15-2, Illinois Local County, McHenry
STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 22nd JUDICIAL CIRCUIT McHENRY COUNTY ________________________________________________ Plaintiff - Judgment Creditor vs. ________________________________________________ Defendant Judgment Debtor Case Number _________________________________ DEFENDANT'S MOTION TO CLAIM EXEMPTION UNDER CITATION PROCEEDINGS NOW COMES _________________________________________________, Defendant (Judgment Debtor) in the above entitled proceedings and moves this Court to find: 1. Under Illinois or Federal law, the exemption of personal property owned by the debtor include the debtor's interest, not to exceed $4,000.00 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veteran's benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $2,400.00 in value in any one motor vehicle, and the debtor's equity interest, not to exceed $1,500.00 in value in any implements, professional books or tools of the trade of the debtor. I hereby choose ___________________________________________________________________ as my personal property to be exempt from Citation Proceedings. 2. Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a resident, to the extent in value of $15,000.00 which homestead is exempt from judgment. I hereby choose my homestead to the extent in value of $15,000.00 to be exempt from judgment. 3. Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage or 45 times the Illinois minimum hourly wage, whichever is greater. 4. Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage. 5. Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. I hereby choose my pension and retirement benefits as exempt from judgment. WHEREFORE, Defendant (Judgment Debtor) prays that the above property be declared to be exempt. Name______________________________________ Attorney for________________________________ Address____________________________________ City, State Zip______________________________ Telephone__________________________________ CV-NOT15-2: revised 12/01/06 American LegalNet, Inc. www.FormsWorkflow.com _______________________________________ Defendant's Signature (Judgment Debtor) Subscribed and Sworn to before me _______________________________________ Circuit Court Clerk Notary Public Dated__________________________________