An Illinois Wage Deduction Order is a court order requiring an employer to deduct a certain amount of money from an employee’s wages in order to satisfy a debt. This can include unpaid child support, alimony, or any other court-ordered debt. There are three types of Illinois Wage Deduction Order: 1. Garnishment of Wages: This order instructs an employer to withhold a certain amount of an employee’s wages until the debt is paid in full. 2. Wage Assignment: This order requires an employer to make payments directly to a creditor or other party on behalf of the employee. 3. Income Withholding: This order requires an employer to withhold a certain amount of an employee’s wages and forward the money to the court or other designated agency.
Illinois Wage Deduction Order
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Wage Deduction Order
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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 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.
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.
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.
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.
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.