The Illinois Wage Deduction Notice is a legal document issued by employers in the state of Illinois to notify employees of any deductions taken from their wages. The wage deduction notice outlines the amount of the deduction, the reason for it, and the party responsible for the deduction. The notice must be sent to the employee at least 30 days in advance of any deductions. There are two types of Illinois Wage Deduction Notice: Voluntary and Court Ordered. A Voluntary Wage Deduction Notice is issued when an employee agrees to have deductions taken from their wages for a specific purpose, such as to pay for medical insurance premiums, union dues, or for tax-deferred savings plans. Court Ordered Wage Deduction Notices are issued when a court orders an employer to deduct a certain amount from an employee’s wages for purposes such as child support, alimony, or student loan repayment.
Illinois Wage Deduction Notice
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FAQ
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
The document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.
For the most part, there are only two ways to stop wage garnishments in Illinois. First, you can pay off the judgment. You may be able to pay the judgment in a lump sum, or you may have to wait for the garnishment to run its course. The second way to stop a garnishment is by filing bankruptcy.
Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.