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Lenders get a wage garnishment by taking the borrower to court. Wage assignments do not go through the courts. Instead, the lender just sends the borrower a notice & begins taking a portion of their wages.
A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated ...
This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS §§170/.
Definition and Example of Wage Assignment Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans. The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.
A wage assignment take funds directly from an employee's paycheck to pay back a debt. Wage assignments may be either voluntary or involuntary. A wage assignment, when involuntary, may also be referred to as wage garnishment and requires a court order. 1?