The Illinois Wage Deduction Summons is a legal document used by creditors in the state of Illinois to collect a debt from a debtor's wages. It is issued by a court and enforced by the county sheriff. There are two types of Illinois Wage Deduction Summons: the Earnings Deduction Summons (EDS) and the Attachment Summons (AAS). The EDS is a document that orders the employer to withhold a specific amount of the debtor’s wages in order to satisfy the debt. It can be issued to any employer in the state of Illinois who employs the debtor, even if the employer is located outside of Illinois. The AAS orders the employer to hold the debtor’s wages up to the amount of the debt owed. The employer must then send the wages to the creditor. This type of summons can be issued to any employer in the state of Illinois, regardless of their location.
Illinois Wage Deduction Summons
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How to fill out Illinois Wage Deduction Summons?
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FAQ
No. Any deductions other than income taxes and court-ordered payments require your written authorization. If you agreed in writing about the payment amount, that agreement is binding on both you and your employer, ing to the state laws which govern written contracts.
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.
In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is: To the benefit of, and approved by, the employee (group insurance premiums, credit union transactions, union dues, etc.); Required by law (federal and state taxes, social security, etc.);
For example, Illinois, which you have selected as the applicable state for this inquiry, requires payment within 13 days after the close of each pay period. So if you failed to pay an employee actual wages due (as opposed to vacation time), you would want to correct the problem within 13 days of wage payment.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.
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.