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The Wage Payment and Collection Act establishes when, where and how often wages must be paid and prohibits deductions from wages or final compensation without the employee's consent.
30 ILCS 540/1. Sec. 1. This Act applies to any State official or agency authorized to provide for payment from State funds, by virtue of any appropriation of the General Assembly, for goods or services furnished to the State.
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 ...
Definition and Example of Wage Assignment Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans. The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.
Starting a Wage Assignment. You must be at least 40 days behind on your loan before the creditor can have your employer start taking money out of your paycheck. First, the creditor must mail you and your employer a Notice of Intent to Assign Wages 20 days before they can make the demand.
This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS §§170/.
Stopping a Wage Assignment You can stop a wage assignment at any time for any reason. If you don't want the deduction to happen, write a letter to your employer and creditor stating you are canceling the wage assignment. Remember, you will still owe the money. The creditor can use other methods to collect it.
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 ...