Illinois Wage Deduction Summons

State:
Illinois
Control #:
IL-OCC103
Format:
PDF
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Description

Wage Deduction Summons

The Illinois Wage Deduction Summons is a legal document issued by the Illinois Department of Labor (IDOL) ordering an employer to deduct a certain amount of money from an employee's wages. This money is then sent to the IDOL to satisfy a debt owed by the employee. There are two types of Illinois Wage Deduction Summons: the Regular Summons and the Final Summons. The Regular Summons requires the employer to deduct a specific amount from each paycheck until the debt is paid off. The Final Summons requires the employer to deduct the entire amount of the debt from the employee's final paycheck. Both types of Illinois Wage Deduction Summons must be served to the employer in person or by mail.

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FAQ

In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.

For example, Illinois, which you have selected as the applicable state for this inquiry, requires payment within 13 days after the close of each pay period. So if you failed to pay an employee actual wages due (as opposed to vacation time), you would want to correct the problem within 13 days of wage payment.

How much can an employer deduct? 15% of your gross wages; or. The amount of disposable income (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. In other words, the state cannot leave the employee with less than 45 times the state minimum wage as weekly take-home pay.

If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.

In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is: To the benefit of, and approved by, the employee (group insurance premiums, credit union transactions, union dues, etc.); Required by law (federal and state taxes, social security, etc.);

No. Any deductions other than income taxes and court-ordered payments require your written authorization. If you agreed in writing about the payment amount, that agreement is binding on both you and your employer, ing to the state laws which govern written contracts.

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.

Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.

More info

The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge. File the Affidavit for Wage Deduction Order and ask the Clerk to issue the Wage Deduction Summons.A wage deduction proceeding is a tool creditors may use if a debtor fails to pay a judgment. It is sometimes referred to as wage garnishment. The process begins with the judgment creditor serving the employer with a wage deduction summons. The wage deduction summons will be issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. The wage deduction summons may be issued on the basis of a judgment against you in favor of the judgment creditor in the amount stated above. The wage deduction summons may be issued on the basis of a judgment against you in favor of the judgment creditor in the amount stated above. Brief Instructions: The Federal Agency issuing the Wage Garnishment Order is referred to as the "Creditor Agency. Comprehensive Order Used for All Garnishments, Wage Deductions and Citations.

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Illinois Wage Deduction Summons