An Illinois Wage Deduction Summons is a type of legal document issued by the Illinois Department of Labor in order to order an employer to deduct money from an employee’s wages to pay for an unpaid debt or to satisfy a judgment. There are two general types of Illinois Wage Deduction Summons: 1. Non-Child Support Wage Deduction Summons: This type of summons is issued when an employee has an unpaid debt or judgment that is not related to child support. This type of summons will require the employer to deduct a certain amount of money from the employee’s wages until the debt is paid off. 2. Child Support Wage Deduction Summons: This type of summons is issued when an employee has an unpaid debt or judgment that is related to child support. This type of summons will require the employer to deduct a certain amount of money from the employee’s wages until the debt is paid off. The amount of money deducted will be determined by the court.
Illinois Wage Deduction Summons
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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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.