An Illinois Wage Deduction Order is a court-ordered method of collecting payment from a debtor's wages. It is an alternative to garnishing a debtor's wages, and is generally quicker and less expensive. This type of order is commonly used to collect unpaid child support, alimony, taxes, and other debts. The order is issued by the court and sent to the debtor's employer, who is required to deduct a certain amount of money from the debtor's wages each pay period. The employer then sends the money to the court, which distributes it to the creditor. There are two types of Illinois Wage Deduction Order: a Wage Deduction for Child Support Order and a Wage Deduction for Non-Support Order. The former is used to collect unpaid child support, while the latter is used to collect other debts, such as taxes and alimony.
Illinois Wage Deduction Order
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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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.
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.
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.
For the most part, there are only two ways to stop wage garnishments in Illinois. First, you can pay off the judgment. You may be able to pay the judgment in a lump sum, or you may have to wait for the garnishment to run its course. The second way to stop a garnishment is by filing bankruptcy.