Legal Question in Credit and Debt Law in Illinois

I have a complaint filed against me from Capitol One for $$4,472.52. I make less than $2k amonth. How much can they take out of my account?


Asked on 1/19/12, 8:00 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The most they can take is 15% of your gross.

The amount of wages that may be deducted is limited by Federal and Illinois law.

(1) Under Illinois Law, the amount of wages that may be deducted 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 greater of the State or Federal minimum hourly wage.

(2) Under Federal law, the amount of wages that may be deducted 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

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Answered on 1/20/12, 4:52 am


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