An Illinois Affidavit For Wage Deduction Order With Interrogatories is a legal document issued by the circuit court of Illinois, typically in response to a motion for wage deduction. This document is used to request information from an individual or company during a wage deduction proceeding. The affidavit must include the name and address of the employer, the date of the wage deduction order, and the amount of money being deducted from the employee’s wages. The interrogatories are questions posed to the employer to gain a better understanding of their policies and practices regarding wage deductions. The interrogatories can include questions about the wage deduction process, the employer’s policies on wage deductions, and the employer’s compliance with applicable laws. Depending on the situation, there are two types of Illinois Affidavit For Wage Deduction Order With Interrogatories: one for employers seeking wage deduction orders and one for employees seeking wage deduction orders.
Illinois affidavit For Wage Deduction Order With Interrogatories
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FAQ
To get a wage garnishment, you need to file a Citation to Discover Assets to Debtor's Employer first. Use the collect a judgment from debtor's employer program to make the forms you need.
A wage garnishment starts with a wage deduction summons or a third party citation. The creditor sends this document to you, along with interrogatories. These are questions about the debtor's employment and income. The interrogatories are on the back of the summons or third-party citation, or a separate document.
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 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.
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
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.