Illinois Assignment of Wages Due or to Become Due

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Description

An assignment of wages is the transfer of the right to collect wages from the wage earner to a creditor. The assignment of wages is usually effectuated by deducting from an employee's earnings the amount necessary to pay off a debt.

An assignment of wages should be contained in a separate written instrument, signed by the person who has earned or will earn the wages or salary. The assignment should include statements identifying the transaction to which the assignment relates, the personal status of the assignor, and a recital, where appropriate, that no other assignment or order exists in connection with the same transaction.

Many jurisdictions have enacted statutory provisions concerning wage assignments that prescribe various requisites of or conditions to the validity of assignments of wages. Compliance with these statutes is essential to make such assignments effective.

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FAQ

25aa A wage assignment is an order that the paying party's employer send money from the paying party's. paycheck to the receiving party. 25aa If there is only a support order and no wage assignment then the paying party is to pay support directly to. the receiving party.

A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated

You can stop the wage assignment by filling out the enclosed Revocation Notice Form, or by writing a letter stating that you are revoking the wage assignment. Send the Revocation Notice Form or letter by registered or certified mail to the creditor, at the address listed above.

Rules for Wage Assignments This is called wage garnishment. However, with a wage assignment , a creditor can take your wages without going to court. A wage assignment is something you sign when you take out a loan, giving your permission to have your wages garnished if you don't pay.

Under the Illinois Wage Assignment Act, 740 ILCS ?170/. 01 et seq., there are detailed steps that a creditor must take with an employee for an assignment to be legal and then again with the employer for the assignment to be enforceable against the employer.

You can stop wage assignment at anytime. You can do this by sending the creditor a letter telling them you revoke the assignment, or filling out and returning the included revocation notice form. You will still owe on the debt. If a creditor does not follow these rules, you might be able to sue them in court.

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Illinois Assignment of Wages Due or to Become Due