Illinois Non-Withholding Wage Deduction Order is an order issued by the court that requires an employer to withhold wages from an employee's paycheck and send them to the court or other designated party. This type of order is commonly used to satisfy a debt owed by the employee, such as child support, alimony, or other court-ordered payments. There are three types of Illinois Non-Withholding Wage Deduction Orders: 1) wage deduction orders for child support; 2) wage deduction orders for alimony; and 3) wage deduction orders for other court-ordered payments. All three types of orders require employers to deduct the specified amount from the employee's wages, and then send it to the court or other designated party.
Illinois Non-Withholding Wage Deduction Order
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Non-Withholding Wage Deduction Order
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FAQ
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.
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.
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.