The Illinois Wage Deduction-AFFidavit is a form that employers must complete and submit to the Illinois Department of Labor (IDOL) when deducting wages from an employee's paycheck. This form is used to ensure that employers are deducting the correct amount of wages from each employee's paycheck in accordance with Illinois law. There are two types of Illinois Wage Deduction-AFFidavit forms. The first type is the Standard Deduction-AFFidavit, which is used for deductions that are required by law, such as Social Security, Medicare, taxes, garnishments, and other deductions that are required by law. The second type is the Voluntary Deduction-AFFidavit, which is used for deductions that are voluntary, such as health insurance premiums, union dues, or other deductions that are requested by the employee. Both types of affidavits must be completed and submitted to the IDOL before any deductions are taken from an employee's paycheck.
Illinois Wage Deduction-Affidavit
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How to fill out Illinois Wage Deduction-Affidavit?
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The Wage Deduction Notice tells the Respondent you are trying to do a wage garnishment, and tells them they have the right to protect their exempt wages. It also tells the Respondent the ?return date.? The return date is the deadline for the Employer to answer the Wage Deduction Summons.
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 laws concerning wage assignment vary from state to state. Following are a few examples of restrictions in various states: Illinois does not allow wage assignments unless the debt has gone unpaid for at least 40 days. In West Virginia, wage assignments are limited to 25% of an employee's take-home earnings.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.