The Illinois Affidavit For Wage Deduction Order is a legal document used by the state of Illinois when an employee has failed to make payments or has breached an agreement. This document is used to request that a portion of the employee's wages be withheld until the debt is paid or the agreement is fulfilled. The employer must sign the Affidavit and forward it to the employee's employer who is then required to honor the order. The Affidavit must include the following information: • The name, address, and telephone number of the employee • The name, address, and telephone number of the employer • The amount of money to be withheld • The length of time the deduction is to be in effect • A description of the debt or agreement that is being enforced • The signature of the employer and employee • The date of the Affidavit There are two types of Illinois Affidavit For Wage Deduction Order: • The first type is used to deduct an amount from the employee's paycheck to pay off a debt or fulfill an agreement. • The second type is used to withhold a portion of the employee's wages in order to meet a court-ordered child support or alimony payment.
Illinois Affidavit For Wage Deduction Order
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How to fill out Illinois Affidavit For Wage Deduction Order?
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FAQ
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 completed Interrogatories/Answer to Wage Deduction Proceedings says how much money the employer deducted from the Respondent's wages. You must choose a return date that gives you enough time to mail the Wage Deduction Notice to the Respondent and then complete the next two steps.
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.
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 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.