South Dakota Assignment of a Specified Amount of Wages

State:
Multi-State
Control #:
US-03923BG
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Word; 
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Description

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.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

South Dakota Assignment of a Specified Amount of Wages is a legal process that allows an employee to voluntarily assign a specific portion of their wages to a creditor or third party for the purpose of repaying a debt or financial obligation. This arrangement is governed by South Dakota state laws and provides a structured method for debt repayment. The Assignment of a Specified Amount of Wages in South Dakota is a type of wage garnishment that enables creditors to collect debts through an agreement with the debtor. The assignment is typically a written contract between the employee (the assignor) and the creditor (the assignee), outlining the terms and conditions of the arrangement. It specifies the percentage or specific amount of the employee's wages that will be withheld and paid directly to the creditor. Under South Dakota law, the Assignment of a Specified Amount of Wages is subject to certain restrictions and guidelines to protect the employee's rights. The state sets limits on the maximum amount that can be assigned and also ensures that the employee's wages never go below a certain minimum threshold to maintain a reasonable standard of living. There are different types of Assignment of a Specified Amount of Wages in South Dakota, depending on the nature of the debt or obligation being repaid. Some common types include: 1. Child Support Assignment: This type of assignment is used when an employee owes child support payments. It allows the withheld wages to be directly paid to the custodial parent or the state agency responsible for administering child support. 2. Tax Levy Assignment: In cases of unpaid taxes or other government debts, the Assignment of a Specified Amount of Wages can be used to satisfy the debt. The withheld wages are directed to the appropriate government agency responsible for collecting the debt. 3. Creditor Assignment: This is a more general form of the assignment that covers various types of debts owed to private creditors. It can include credit card debts, medical bills, personal loans, or any other outstanding obligations. Regardless of the specific type, the Assignment of a Specified Amount of Wages in South Dakota provides a legal framework for debt repayment, ensuring both the employee's rights and the creditor's ability to collect what is owed to them. It is an important tool for managing and resolving financial obligations.

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FAQ

Part-time employment in South Dakota typically involves working fewer than 40 hours per week, but the exact number can vary by employer. Many companies define part-time as working anywhere from 20 to 32 hours weekly. As you navigate your employment status, keep in mind how the South Dakota Assignment of a Specified Amount of Wages can affect your earnings.

Excessive EarningsYou reported earnings that were more than your weekly benefit amount and will not receive a payment.

Excess Earnings: Your earnings for the given week equaled or exceeded your Weekly Benefit Amount. Excess Other Income: Your income from such sources as severance, Social Security, pension and/or vacation pay equaled or exceeded your Weekly Benefit Amount.

South Dakota Wage Garnishment Rules Re levies, except for a bankruptcy order, the maximum that employers can withhold is the lesser of 20 percent of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum wage.

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

If you don't want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

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/.

A wage assignment assigns (transfers) a portion of a person's wages from that individual to another. There are a variety of different types of wage assignments. A child support wage assignment order is issued to direct transfer of child support payments from an individual to their spouse.

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.

South Dakota law allows the employer or payor of income the option to deduct an amount not to exceed $3 per month from the employee's/obligor's income to cover the expenses involved in transmitting the amount withheld. The fee cannot be deducted from the withheld amount for child support (SDCL 25-7A-34).

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South Dakota Assignment of a Specified Amount of Wages