The Illinois Affidavit for Wage Deduction Order is a form used to initiate a wage deduction from an employee's wages when a court has determined that the employee must pay a debt to a creditor. The form is to be completed by the creditor who is seeking to collect the debt. It includes information about the debt, the employee, the creditor, and any other pertinent information. There are three types of Illinois Affidavit for Wage Deduction Order: the General Affidavit, the Garnishment Affidavit, and the Child Support Affidavit. The General Affidavit is used when a creditor is seeking to collect a debt due to a breach of contract or other civil obligation. The Garnishment Affidavit is used when a creditor is seeking to collect an unpaid debt through a wage garnishment, and the Child Support Affidavit is used when a creditor is seeking to collect unpaid child support or alimony payments. All three affidavits must be completed and signed by the creditor and the employee, and a copy must be provided to the employer.
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
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.
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.
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.
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.
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.
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.