Illinois Interrogatories answer to Wage Deduction Proceedings are written responses to questions posed to employers by employees in response to wage deductions. These interrogatories are used to help employees better understand why a deduction was made, if it was done in accordance with the law, and if any remedies are available for the employee. Generally, there are two types of Interrogatories answer to Wage Deduction Proceedings: “Employer’s Interrogatories” and “Employee’s Interrogatories”. Employer's Interrogatories are written questions posed to the employer regarding the wage deduction, such as the amount of the deduction, the purpose of the deduction, and the legal basis for the deduction. Employee's Interrogatories are written questions posed to the employee regarding the wage deduction, such as what caused the deduction, when the deduction was made, and any remedies the employee may have.
Illinois Interrogatories answer To Wage Deduction Proceedings
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A wage garnishment starts with a wage deduction summons or a third party citation. The creditor sends this document to you, along with interrogatories. These are questions about the debtor's employment and income. The interrogatories are on the back of the summons or third-party citation, or a separate document.
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.
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
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.
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.
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.
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.