An Illinois Wage Deduction Order (WHO) is a court-ordered method of collecting debt from an employee’s wages. It is issued by a court to an employer in order to garnish the wages of an employee who has failed to pay a debt. The employer is then required to deduct a certain amount from the employee’s wages each pay period until the debt is paid in full. There are two types of WHO: Wage Deduction for Child Support and Wage Deduction for Other Debts. A Wage Deduction for Child Support Order is issued by the court when an employee fails to pay court-ordered child support. A Wage Deduction for Other Debts Order is issued by the court when an employee fails to pay other debts such as credit card debt, student loans, and medical bills. In either case, the employer must comply with the WHO and deduct the specified amount from the employee’s wages. The employer must then remit the collected funds to the court or to the creditor, depending on the type of Whom. The employer is also required to keep accurate records of the deductions and payments.
Illinois WAGE DEDUCTION ORDER
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How to fill out Illinois WAGE DEDUCTION ORDER?
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FAQ
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.
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.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.