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Illinois Statewide Forms - Approved - Instructions Emergency Motion

Illinois Statewide Forms - Approved - Instructions Emergency Motion 2025

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The document provides a comprehensive guide on how to file an Emergency Motion to Claim Exemption for individuals whose bank accounts have been frozen due to a money judgment. It outlines who is eligible to file, the definition of the motion, types of exempt funds, necessary notifications, required forms, filing procedures, and steps to take after filing. The document emphasizes the importance of notifying the judgment creditor and bank, as well as attending the court hearing with appropriate documentation.

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What is required on a motion notice in Illinois?

The Notice of Motion shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the Courthouse

What constitutes an emergency motion in Illinois?

To qualify as an emergency, a motion must arise from an unforeseen circumstance that requires immediate action to avoid serious or irreparable harm to one or more of the parties.

What is the claim of exemption on EJ 160?

Claims that some or all of your property being levied is exempt from collection of a judgment. This form is not filed with the court, but instead is filed with the sheriff or other levying officer.

What is an emergency motion to claim exemption in Illinois?

What is an Emergency Motion to Claim Exemption? You can file an Emergency Motion to Claim Exemption to get access to the money in your bank account for an emergency purpose. An emergency purpose may include a need to pay for your basic necessities like food, rent/mortgage, utilities, etc.

What is an emergency motion to stay?

The only way that the order would not go into effect immediately is to file a post-trial motion called a Motion to Stay and for the judge to grant a stay, which prevents the original order from taking effect while the appeal is going on.