Illinois Non-Withholding Wage Deduction Order is a court order that allows creditors to garnish a debtor's wages without the employer's involvement. The order is served to the employer and requires them to deduct a specific amount from the debtor's wages and forward it to the creditor. This type of wage garnishment is used to satisfy a court judgment, child support, or other debts owed to the creditor. There are two types of Illinois Non-Withholding Wage Deduction Orders: regular wage deduction orders and continuous wage deduction orders. Regular wage deduction orders require the employer to deduct a certain amount of wages from the debtor's paycheck and remit the money to the creditor. Continuous wage deduction orders require the employer to deduct a specific amount of wages from each pay period until the full amount is paid to the creditor.
Illinois Non-Withholding Wage Deduction Order
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How to fill out Illinois Non-Withholding Wage Deduction Order?
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FAQ
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.
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.
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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.