An Illinois Wage Deduction Order is a legal document issued by the Illinois Department of Labor (IDOL) that allows an employer to garnish an employee’s wages to satisfy a debt. The order is used to collect unpaid court fees, child support, or other unpaid debts. There are three types of Illinois Wage Deduction Orders: Court Ordered Wage Deduction (COLD), Administrative Wage Deduction (AWD), and Voluntary Wage Deduction (FWD). A COLD is initiated by a court order and requires the employer to withhold a certain portion of the employee’s wages to satisfy the debt. An AWD is initiated by the IDOL and requires the employer to withhold a certain portion of the employee’s wages to satisfthreatbFWWDWDWD is initiated by the employee and requires the employer to withhold a certain portion of the employee’s wages to satisfy the debt. The employer must comply with all wage deduction orders and is legally responsible for ensuring that the deductions are made.
Illinois Wage Deduction Order
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How to fill out Illinois Wage Deduction Order?
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FAQ
Wages can typically be garnished immediately following the issuance of a default judgment in Illinois. However, specific timelines can vary based on the type of debt and the judgment itself. It’s wise to consult with a legal expert to ensure compliance with the Illinois Wage Deduction Order and understand your situation fully.
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.
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 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.
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.
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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.