Illinois Wage Deduction Proceedings-how to is a legal process by which a creditor can collect a debt from a debtor's wages. It is a form of garnishment, which is a process by which a creditor can collect a debt from a debtor's wages, bank account, or other assets. In Illinois, wage deductions are governed by the Wage Deduction Act (740 ILLS 175/1). There are three types of Illinois Wage Deduction Proceedings-how to: 1. Voluntary Wage Deduction: This type of wage deduction occurs when the debtor agrees to allow the creditor to take a portion of his or her wages to pay off a debt. The debtor must authorize the wage deduction in writing, and it must be done in accordance with the Wage Deduction Act. 2. Court-Ordered Wage Deduction: This type of wage deduction occurs when a court orders the debtor to allow the creditor to take a portion of his or her wages to pay off a debt. The court will issue a wage deduction order that must be followed. 3. Statutory Wage Deduction: This type of wage deduction occurs when the Wage Deduction Act allows the creditor to take a portion of the debtor’s wages without the debtor’s consent. This type of wage deduction is typically used for child support and/or alimony payments. In order to initiate a wage deduction proceeding in Illinois, the creditor must file a petition with the court. The petition must contain information about the debtor, the debt, and the creditor. The court will then issue a wage deduction order, which must be served upon the debtor and the employer. Once the employer receives the order, they must begin to deduct the wages from the debtor’s paycheck and send them to the creditor. The employer must continue to do so until the debt is paid in full or the wage deduction order is terminated.
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Another way to stop a wage garnishment is by negotiating with your creditor. Many creditors are reluctant to settle debts once they have a garnishment. However, an attorney can help you negotiate the best settlement by offering a lump sum amount or payment terms.
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.
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
WAGE DEDUCTION NOTICE (1) Under Illinois law, the amount of wages that may be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage.
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.
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.
Illinois law also exempts certain income from garnishment. This includes benefits and refunds payable by a pension or retirement fund or system and any assets that an employee holds in these type of funds. While your wages may be safe from garnishment for any other debts, your bank account is not as protected.
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.