An Illinois Wage Deduction Order is a court order that directs an employer to withhold a portion of an employee's wages to be sent to a creditor. The order is issued by a court in the state of Illinois to satisfy a debt owed to a creditor. There are two types of Illinois Wage Deduction Orders: a regular deduction order and an emergency deduction order. A regular deduction order is used when the debt is not immediate or urgent and the employee has the time to contest the order before it is enforced. An emergency deduction order is used when the debt is immediate and the employee does not have the time to challenge the order before it is enforced. The employer must comply with the court order and must deduct the required amount from the employee's wages and submit it to the creditor.
Illinois Wage Deduction Order
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FAQ
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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.
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.