An Illinois Wage Deduction Order is a document issued by the Illinois Department of Revenue that allows employers to deduct a certain amount from an employee's wages in order to pay for taxes owed to the state. The types of Illinois Wage Deduction Order include: Personal Income Tax, Use Tax, Retailers' Occupation Tax, Service Occupation Tax, and Public Safety Employee Benefits Tax. The order requires employers to deduct a set amount from the employee's wages each pay period and send that money directly to the state. The deductions must be reported on the employee's paycheck stub and the employer is responsible for ensuring that the correct amount is withheld. The employer must also submit a copy of the order to the state.
Illinois Wage Deduction Order
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Wage Deduction Order
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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.
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.
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.
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 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.