The Illinois Wage Deduction Summons is a legal document used to garnish wages from employees who owe a debt to their employer. The summons is issued by a court of law and requires an employer to withhold a portion of their employee’s wages to satisfy the debt. The summons is served to the employer by the sheriff or other court officer, and must be acted on within 14 days of receiving it. There are three types of Illinois Wage Deduction Summons: 1) Court Judgement Wage Deduction Summons, which is used to collect a specific amount of money for a court judgement; 2) Administrative Wage Deduction Summons, which is used to collect back taxes, child support, or other monies due to a governmental agency; and 3) Private Wage Deduction Summons, which is used to collect a debt owed to a private creditor. All three types of summons require the employer to deduct a portion of wages from the employee’s paycheck and remit them to the court or agency. The employer is also responsible for providing the employee with a copy of the summons.
Illinois Wage Deduction Summons
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How to fill out Illinois Wage Deduction Summons?
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FAQ
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.
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.);
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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.