Illinois Affidavit For Wage Deduction Order

State:
Illinois
Control #:
IL-SKU-2059
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PDF
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affidavit For Wage Deduction Order

The Illinois Affidavit For Wage Deduction Order is an agreement between an employer and an employee in the state of Illinois, allowing the employer to deduct wages from the employee’s paycheck for a specific purpose. This form is used to authorize the employer to deduct wages from the employee’s pay and then pay it to a third party, such as for child support or health insurance payments. The purpose of the affidavit is to ensure that the employee is aware of the agreement and to provide legal documentation of the agreement. There are two types of Illinois Affidavit For Wage Deduction Order: Child Support and Health Insurance. The Child Support Affidavit is used to authorize the employer to deduct wages from the employee’s paycheck and then pay it to the appropriate state or local agency to satisfy the employee’s child support obligations. The Health Insurance Affidavit is used to authorize the employer to deduct wages from the employee’s paycheck and then pay it to the health insurance provider to pay for the employee’s health care coverage.

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.

You can stop the wage assignment by filling out the enclosed Revocation Notice Form, or by writing a letter stating that you are revoking the wage assignment. Send the Revocation Notice Form or letter by registered or certified mail to the creditor, at the address listed above.

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.

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.

In non-wage garnishments, 735 ILCS 5/12-701 requires the judgment creditor, or other person, to file an affidavit stating that the affiant believes the garnishee is indebted to the judgment debtor or has property of the judgment debtor. Failure to file such affidavit invalidates the garnishment.

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.

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Illinois Affidavit For Wage Deduction Order