The Illinois Wage Deduction Summons is a legal document that employers must serve on their employees when they are seeking a wage deduction. This document is usually used by the employer to recover unpaid debts from an employee, such as unpaid loans, taxes, or other monetary obligations. The document outlines the amount of money that the employer is entitled to deduct from the employee’s wages. It also outlines the time frame for the deduction and the legal remedies for the employee if the employer fails to follow the terms of the summons. There are two types of Illinois Wage Deduction Summons — the Statutory Summons and the Common Law Summons. The Statutory Summons is issued by a court and requires the employer to follow the requirements of the Illinois Wage Payment Act, while the Common Law Summons is issued by an individual or entity who claims to be owed money by the employee.
Illinois Wage Deduction Summons
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How to fill out Illinois Wage Deduction Summons?
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FAQ
In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is: To the benefit of, and approved by, the employee (group insurance premiums, credit union transactions, union dues, etc.); Required by law (federal and state taxes, social security, etc.);
For example, Illinois, which you have selected as the applicable state for this inquiry, requires payment within 13 days after the close of each pay period. So if you failed to pay an employee actual wages due (as opposed to vacation time), you would want to correct the problem within 13 days of wage payment.
WAGE DEDUCTION NOTICE (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 federal minimum hourly wage.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.
Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.
No. Any deductions other than income taxes and court-ordered payments require your written authorization. If you agreed in writing about the payment amount, that agreement is binding on both you and your employer, ing to the state laws which govern written contracts.
How much can an employer deduct? 15% of your gross wages; or. The amount of disposable income (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. In other words, the state cannot leave the employee with less than 45 times the state minimum wage as weekly take-home pay.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).