The Illinois Affidavit For Wage Deduction Order is a legal document that is used by an employer in Illinois to garnish the wages of an employee for the payment of debts or child support. This document is typically used when an employee has not made payments on a loan or has failed to make child support payments. There are three types of Illinois Affidavit For Wage Deduction Order: 1. Wage Deduction for Child Support Order: This type of order is used for the payment of an outstanding child support debt. The employer must provide the employee's portion of the payment to the Illinois Department of Healthcare and Family Services (HFS). 2. Wage Deduction for Student Loan Debt: This type of order is used for the payment of an outstanding student loan debt. The employer must provide the employee's portion of the payment to the Illinois Student Assistance Commission (ISAAC). 3. Wage Deduction for Other Debts: This type of order is used for the payment of other debts, such as credit card debt. The employer must provide the employee's portion of the payment to the creditor.
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
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.
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.
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.
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 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.